[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Notices]
[Pages 46027-46029]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 01-22131]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2162-01; AG Order No. 2504-2001]
RIN 1115-AE26
Extension of the Designation of Burundi Under the Temporary
Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The designation of Burundi under the Temporary Protected
Status (TPS) program will expire on November 2, 2001. This notice
extends the Attorney General's designation of Burundi under the TPS
program for 12 months until November 2, 2002, and sets forth procedures
necessary for nationals of Burundi (or aliens having no nationality who
last habitually resided in Burundi) with TPS to re-register for the
additional 12-month period. Eligible nationals of Burundi (or aliens
having no nationality who last habitually resided in Burundi) may re-
register for TPS and an extension of employment authorization. Re-
registration is limited to persons who (1) registered during the
initial registration period, which ended on November 3, 1998,
registered during the re-designation registration period, which ended
on November 2, 2000, or registered after that date under the late
initial registration provisions; and (2) timely re-registered under
each of any subsequent extensions. Nationals of Burundi (or aliens
having no nationality who last habitually resided in Burundi) who
previously have not applied for TPS may be eligible to apply under the
late initial registration provisions.
EFFECTIVE DATES: The extension of the TPS designation for Burundi is
effective November 2, 2001, and will remain in effect until November 2,
2002. The 90-day re-registration period begins August 31, 2001, and
will remain in effect until November 29, 2001.
FOR FURTHER INFORMATION CONTACT: Rebecca K. Peters, Residence and
Status Services Branch, Adjudications, Immigration and Naturalization
Service, Room 3214, 425 I Street, NW., Washington, DC 20536, telephone
(202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Attorney General Have To Extend the
Designation of Burundi Under the TPS Program?
Section 244(b)(3)(A) of the Immigration and Nationality Act (Act)
states that, at least 60 days before the end of a designation or
extension thereof, the Attorney General must review conditions in the
foreign state for which the designation is in effect. 8 U.S.C.
1254a(b)(3)(A). If the Attorney General does not determine that the
foreign state no longer meets the conditions for designation, the
period of designation is extended automatically for 6 months pursuant
to section 244(b)(3)(C) of the Act, although the Attorney General may
exercise his discretion to extend the designation for a period of 12 or
18 months. 8 U.S.C. 1254a(b)(3)(C). With respect to Burundi, such an
extension makes TPS available only to persons who have been
continuously physically present since November 9, 1999, and have
continuously resided in the United States since November 9, 1999.
Why Did the Attorney General Decide To Extend the TPS Designation
for Burundi?
On November 4, 1997, the Attorney General designated Burundi under
the TPS program for a period of 12 months. 62 FR 59735. The Attorney
General has since extended the TPS designation two times and
redesignated Burundi once after determining that the conditions
warranting such designation continued to be met each time. See 65 FR
67404 (Nov. 9, 2000) (extension); 64 FR 61123 (Nov. 9, 1999) (extension
and redesignation); 63 FR 59334 (Nov. 3, 1998) (extension).
Since the date of the last extension, the Departments of Justice
and State have continued to review conditions in Burundi. The review
has resulted in a consensus that a further 12-month extension is
warranted. The State Department reports that the armed conflict within
Burundi persists: ``While negotiations yielded a framework for a peace
in August 2000, no cease-fire is in effect and there are currently no
negotiations between the government and rebel leaders. Ethnic violence
and divisions over the distribution of power continue.'' Recommendation
for Extension of Temporary Protected Status, INS/DOS Consultation for
Burundi (July 12, 2001). Recent failed coup attempts by Tutsi military
officers underscore the tenuousness of the situation. Id. The State
Department also reports that one effect of the peace process in the
Democratic Republic of
[[Page 46028]]
the Congo (DRC) has been to push rebel groups from the DRC into
Burundi, further destabilizing the latter. Id. Unpredictable rebel
attacks and government counter-attacks are prevalent, and serious human
rights abuses continue to be committed by both sides. Id. The State
Department concludes that ``Burundi is insecure throughout, and the
prospects for a cease-fire in the near future are uncertain.'' Id.
Based on this review, the Attorney General finds that the
conditions that prompted designation of Burundi under the TPS program
continue to be met. 8 U.S.C. 1254a(b)(3)(A). The Attorney General
concludes that the TPS designation for Burundi should be extended for a
period of 12 months. 8 U.S.C. 1254a(b)(3)(C). There is an ongoing armed
conflict within Burundi, and due to such conflict, requiring the return
of aliens who are nationals of Burundi (or aliens having no nationality
who last habitually resided in Burundi) would pose a serious threat to
their personal safety. 8 U.S.C.1254a(b)(1)(A). Furthermore, there exist
extraordinary and temporary conditions in Burundi that prevent
nationals of Burundi (and aliens having no nationality who last
habitually resided in Burundi) from returning home in safety. 8 U.S.C.
1254a(b)(1)(C). Finally, permitting nationals of Burundi to remain
temporarily in the United States is not contrary to the national
interest of the United States. 8 U.S.C. 1254a(b)(1). On the basis of
these findings, the Attorney General concludes that the TPS designation
for Burundi should be extended for an additional 12-month period. 8
U.S.C 1254a(b)(3)(C).
If I Currently Have TPS, How Do I Re-Register for an Extension?
If you have already been granted TPS through the Burundi TPS
program, your TPS will expire on November 2, 2001. Persons previously
granted TPS under the Burundi program may apply for an extension by
filing (1) the Form I-821, Application for Temporary Protected Status,
without the fee, (2) the Form I-765, Application for Employment
Authorization, and (3) two identification photographs (1\1/2\ inches
x 1\1/2\ inches). To determine whether you must submit the one hundred
dollar ($100) filing fee with the Form I-765, see the chart below.
Children beneficiaries of TPS who have reached the age of 14 but were
not previously fingerprinted must pay the twenty-five dollar ($25)
fingerprint fee upon their next application for extension.
Submit the re-registration package to the Immigration and
Naturalization Service (Service) district office that has jurisdiction
over your place of residence during the 90-day re-registration period
that begins August 31, 2001, and will remain in effect until November
29, 2001.
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If Then
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You are applying for employment You must complete and file:
authorization through November 2, 2002. (1) Form I-765, Application
for Employment
Authorization, with the
$100 fee.
You already have employment authorization You must complete and file:
or do not require employment (1) Form I-765, with no
authorization. filing fee.
You are applying for employment You must complete and file:
authorization and are requesting a fee (1) Fee waiver request and
waiver. affidavit (and any other
information) in accordance
with 8 CFR 244.20, and (2)
Form I-765, with no fee.
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How Does an Application for TPS Affect My Application for Asylum or
Other Immigration Benefits?
An application for TPS does not affect an application for asylum or
any other immigration benefit. Denial of an application for asylum or
any other immigration benefit does not necessarily affect disposition
of a separate TPS application, though grounds for denying one form of
relief may serve as the basis for denying TPS as well. For example, a
person who has been convicted of a particularly serious crime is
ineligible for both asylum and TPS. 8 U.S.C. 1158(b)(2); 8 U.S.C.
1254a(c)(2)(B).
Does This Extension Allow Nationals of Burundi (or Aliens Having No
Nationality Who Last Habitually Resided in Burundi) Who Entered the
United States After November 9, 1999, To File for TPS?
No. This is a notice of an extension of the TPS designation for
Burundi, not a notice of redesignation of Burundi under the TPS
program. An extension of TPS does not change the required dates of
continuous residence and continuous physical presence in the United
States and, thus, does not expand TPS availability to include nationals
of Burundi (or aliens having no nationality who last habitually resided
in Burundi) who have not been continuously physically present in, and
have not continuously resided in, the United States since November 9,
1999.
Is Late Initial Registration Possible?
Yes. Some persons may be eligible for late initial registration
under 8 CFR 244.2(f)(2). To apply for late initial registration an
applicant must:
(1) Be a national of Burundi (or an alien who has no nationality
and who last habitually resided in Burundi);
(2) Have been continuously physically present in the United States
since November 9, 1999;
(3) Have continuously resided in the United States since November
9, 1999; and,
(4) Be both admissible as an immigrant, except as otherwise
provided under section 244(c)(2)(A) of the Act, and not ineligible
under section 244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that,
during the redesignation registration period from November 9, 1999
through November 2, 2000, he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Was the spouse or child of an alien currently eligible to be a
TPS registrant.
8 CFR 244.2(f)(2).
An applicant for late initial registration must register no later
than 60 days from the expiration or termination of the conditions
described above. 8 CFR 244.2(g).
Notice of Extension of Designation of Burundi Under the TPS Program
By the authority vested in me as Attorney General under sections
244(b)(1), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted with
the appropriate government agencies and determine that the conditions
that prompted designation of Burundi for TPS continue to be met. 8
U.S.C. 1254a(b)(3)(A). Accordingly, I order as follows:
(1) The designation of Burundi under section 244(b) of the Act is
extended for an additional 12-month period from November 2, 2001 to
November 2, 2002.
8 U.S.C. 1254a(b)(3)(C).
(2) I estimate that there are approximately 1,000 nationals of
Burundi (or aliens who have no nationality and who last habitually
resided in Burundi) who have been granted TPS and who are eligible for
re-registration.
(3) In order to be eligible for TPS during the period from November
2,
[[Page 46029]]
2001 through November 2, 2002, a national of Burundi (or an alien who
has no nationality and who last habitually resided in Burundi) who has
already received a grant of TPS under the Burundi TPS designation must
re-register for TPS by filing (1) The new Form I-821, Application for
Temporary Protected Status, (2) the Form I-765, Application for
Employment Authorization, and (3) two identification photographs (1\1/
2\ inches x 1\1/2\ inches) within the 90-day period beginning on
August 31, 2001 and ending on November 29, 2001. There is no fee for a
Form I-821 filed as part of the re-registration application. If the
applicant requests employment authorization, he or she must submit one
hundred dollars ($100) or a properly documented fee waiver request,
pursuant to 8 CFR 244.20, with the Form I-765. An applicant who does
not request employment authorization must nonetheless file the Form I-
765 along with the Form I-821, but is not required to submit the fee.
The twenty-five dollar ($25) fingerprint fee is required only for
children beneficiaries of TPS who have reached the age of 14 but were
not previously fingerprinted. Failure to re-register without good cause
will result in the withdrawal of TPS. 8 CFR 244.17(c). Some persons who
had not previously applied for TPS may be eligible for late initial
registration under 8 CFR 244.2(f)(2).
(4) At least 60 days before this extension terminates on November
2, 2002, the Attorney General will review the designation of Burundi
under the TPS program and determine whether the conditions for
designation continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that
determination, including the basis for the determination, will be
published in the Federal Register. 8 U.S.C. 1254a(b)(3)(A).
(5) Information concerning the Burundi TPS program will be
available at local Service offices upon publication of this notice and
on the Service website at http://www.ins.usdoj.gov.
Dated: August 28, 2001.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 01-22131 Filed 8-29-01; 2:56 pm]
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