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[Federal Register: October 7, 2004 (Volume 69, Number 194)]
[Notices]
[Page 60165-60168]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc04-50]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Citizenship and Immigration Services
[CIS No. 2325-04]
Extension of the Designation of Temporary Protected Status for
Burundi
AGENCY: Bureau of Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: The Temporary Protected Status (TPS) designation for Burundi
will expire on November 2, 2004. This notice extends the Secretary of
Homeland Security's designation of Burundi for 12 months, until
November 2, 2005, 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 and to apply for an extension of their
employment authorization documentation for the additional 12-month
period. Re-registration is limited to persons who registered under the
initial designation
[[Page 60166]]
(which was announced on November 4, 1997) and also timely re-registered
under each subsequent extension of the designation; or who registered
under the re-designation (which was announced on November 9, 1999) and
also timely re-registered under each extension of the re-designation.
Certain 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 Burundi's TPS designation is
effective November 2, 2004, and will remain in effect until November 2,
2005. The 60-day re-registration period begins October 7, 2004 and will
remain in effect until December 6, 2004.
FOR FURTHER INFORMATION CONTACT: Colleen Cook, Residence and Status
Services, Office of Programs and Regulations Development, Bureau of
Citizenship and Immigration Services, Department of Homeland Security,
425 I Street, NW., Ullico Building, 3rd Floor, Washington, DC 20529,
telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Secretary of the Department of Homeland
Security Have To Extend the Designation of TPS for Burundi?
On March 1, 2003, the functions of the Immigration and
Naturalization Service (Service) transferred from the Department of
Justice (DOJ) to the Department of Homeland Security (DHS) pursuant to
the Homeland Security Act of 2002, Public Law 107-296. The
responsibilities for administering TPS held by the Service were
transferred to the Bureau of Citizenship and Immigration Services
(BCIS).
Under section 244 of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a, the Secretary of DHS, after consultation with appropriate
agencies of the Government, is authorized to designate a foreign state
or (part thereof) for TPS. 8 U.S.C. 1254a(b)(1). The Secretary of DHS
may then grant TPS to eligible nationals of that foreign state (or
aliens having no nationality who last habitually resided in that
state). 8 U.S.C. 1254a(a)(1).
Section 244(b)(3)(A) of the Act requires the Secretary of DHS to
review, at least 60 days before the end of the TPS designation or any
extension thereof, the conditions in a foreign state designated for TPS
to determine whether the conditions for a TPS designation continue to
be met and, if so, the length of an extension of TPS. 8 U.S.C.
1254a(b)(3)(A). If the Secretary of DHS determines that the foreign
state no longer meets the conditions for TPS designation, he shall
terminate the designation, as provided in section 244(b)(3)(B) of the
Act. 8 U.S.C. 1254a(b)(3)(B). Finally, if the Secretary of DHS does not
determine that a foreign state (or part thereof) no longer meets the
conditions for designation at least 60 days before the designation or
extension is due to expire, section 244(b)(3)(C) of the Act provides
for an automatic extension of TPS for an additional period of 6 months
(or, in the discretion of the Secretary of DHS, a period of 12 or 18
months). 8 U.S.C. 1254a(b)(3)(C).
Why Did the Secretary of DHS Decide To Extend the TPS Designation for
Burundi?
On November 4, 1997, the Attorney General published a notice in the
Federal Register at 62 FR 59735 designating TPS for Burundi finding
that an ongoing armed conflict, and temporary and extraordinary
conditions resulting from such conflict, warranted TPS for Burundi. The
Attorney General extended the initial designation of TPS for Burundi by
notice published in the Federal Register on November 3, 1998 at 63 FR
59334. The Attorney General extended and re-designated TPS for Burundi
by notice published in the Federal Register on November 9, 1999 at 64
FR 61123, finding that the ongoing armed conflict, and temporary and
extraordinary conditions resulting from such conflict, continued to
warrant TPS for Burundi. The re-designation of TPS for Burundi
subsequently was extended by the Attorney General three times by
Federal Register notice (65 FR 67404; 66 FR 46027; 67 FR 55875).
The Secretary of DHS published a 12-month extension of TPS for
Burundi in the Federal Register on September 3, 2003 at 68 FR 52405.
This extension expires on November 2, 2004.
Since the date of the most recent extension, DHS and the Department
of State (DOS) have continued to review conditions in Burundi. Although
some progress has been made in the peace process, the Secretary of DHS
has determined that a 12-month extension of TPS is warranted because
both the armed conflict and extraordinary and temporary conditions that
prompted designation persist. Further, the Secretary finds that it is
not contrary to the national interest of the United States to permit
nationals of Burundi (or aliens having no nationality who last
habitually resided in Burundi) who otherwise qualify for TPS to remain
temporarily in the United States. 8 U.S.C. 1254a(b)(1)(C).
DOS observes that progress in building a long-term peace has been
slower than expected. (DOS Recommendation (June 30, 2004)). One rebel
group, the Party for the Liberation of the Hutu People-Forces for
National Liberation (PALIPEHUTU-FNL), remains outside of the peace
process. (BCIS Resource Information Center Report (June 29, 2004)
(hereinafter RIC Report (June 29, 2004)). Fighting between the armed
forces of Burundi and the PALIPEHUTU-FNL, as well as between the
PALIPEHUTU-FNL and the largest former rebel group, the National Council
for the Defense of Democracy-Forces for the Defense of Democracy (CNDD-
FDD), continues in Bujumbura Rural, the region surrounding the capital.
Id.
The transitional period set forth under the Arusha Peace and
Reconciliation Agreement signed August 28, 2000, is coming to an end in
late 2004. The demobilization of armed groups, not including the 3,000-
strong PALIPEHUTU-FNL, is in its early stages at 11 cantonment sites
throughout the country. Id. The World Bank estimates that there are
some 55,000 combatants to be demobilized. (DOS Recommendation (June 30,
2004)). In May 2004, the United Nations Security Council authorized the
United Nations Operation in Burundi (ONUB). ONUB was deployed in June
2004 and is tasked, in part, with helping create the security
conditions for the provision of humanitarian assistance, and to carry
out the disarmament and demobilization portions of the national
Disarmament, Demobilization and Reintegration Programs. Id.
The armed conflict has displaced 140,000-280,000 persons within
Burundi and an estimated 800,000 outside Burundi. (DOS Recommendation
(June 30,2004); RIC Report (June 29, 2004)). Another 100,000 Burundians
are temporarily displaced each month. (RIC Report (June 29, 2004)).
In spite of the reduction of armed conflict, there continue to be
reports of human rights violations by all parties to the conflict. Id.
An estimated 250,000-300,000 people have been killed in the conflict in
Burundi since 1993. Id. Nearly 14 percent of the population (965,000
people) is in need of emergency food and agricultural assistance. Id.
The number of people living below the poverty line doubled from 33
percent in 1990 to 67 percent in 2003. Id.
Based upon this review, the Secretary of DHS, after consultation
with
[[Page 60167]]
appropriate government agencies, finds that the conditions that
prompted TPS designation for Burundi continue to be met. 8 U.S.C.
1254a(b)(3)(A). The armed conflict is ongoing and there are
extraordinary and temporary conditions in Burundi such that it is not
safe to return nationals of Burundi (or aliens having no nationality
who last habitually resided in Burundi) if these aliens meet the
statutory and regulatory requirements for TPS. 8 U.S.C. 1254a(b)(1)(A),
(C). The Secretary of DHS also finds that permitting nationals of
Burundi (or aliens having no nationality who last habitually resided in
Burundi) who are eligible for TPS 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)(C). On the basis of these findings, the Secretary of
DHS 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 Through the Burundi TPS Designation, Do I Still
Re-register for TPS?
Yes. If you already have received TPS benefits through the Burundi
TPS designation, your benefits will expire on November 2, 2004.
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain TPS
benefits through November 2, 2005. TPS benefits include temporary
protection against removal from the United States, as well as
employment authorization, during the TPS designation period and any
extension thereof. 8 U.S.C. 1254a(a)(1).
If I Am Currently Registered for TPS, How Do I Re-register for an
Extension?
All persons previously granted TPS under the Burundi designation
who wish to maintain such status must apply for an extension by filing
the following: (1) Form I-821, Application for Temporary Protected
Status, without the filing fee; (2) Form I-765, Application for
Employment Authorization; (3) two identification photographs (full face
frontal 2 inches x 2 inches); and (4) a biometrics fee of seventy
dollars ($70) for each applicant age 14 and older. (See the chart below
to determine whether you must submit the one hundred and seventy-five
dollar ($175) filing fee with Form I-765.) All applicants for TPS
benefits, including those applying for re-registration need to be re-
fingerprinted and thus need to pay the seventy dollar ($70) biometric
services fee.
An application submitted without the required fee and/or photos
will be returned to the applicant. Submit the completed forms and
applicable fee, if any, to the BCIS District Office having jurisdiction
over your place of residence during the 60-day re-registration period
that begins October 7, 2004 and ends December 6, 2004. An interim
employment authorization document will not be issued unless the Form I-
765, as part of the TPS registration package, has been pending with
BCIS more than 90 days after all requested initial evidence has been
received, including collection of the applicant's fingerprints at an
Application Support Center (ASC). See 8 CFR 103.2(b)(10)(ii) and 8 CFR
274a.13(d).
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If: Then:
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You are applying for employment You must complete and file the
authorization until November 2, 2005. Form I-765, Application for
Employment Authorization, with
the $175.
You already have employment You must complete and file Form
authorization or do not require I-765 with no fee.1
employment authorization.
You are applying for employment You must complete and file: (1)
authorization and are requesting a fee Form I-765 and (2) a fee
waiver. waiver request and affidavit
(and any other information) in
accordance with 8 CFR 244.20.
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1 An applicant who does not seek employment authorization documentation
does not need to submit the $175 fee, but must still complete and
submit Form I-765 for data gathering purposes.
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 affect an applicant's TPS
eligibility, although the grounds for denying one form of relief may
also be grounds for denying TPS. For example, a person who has been
convicted of a particularly serious crime is not eligible for asylum or
TPS. 8 U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. 1254a(c)(2)(B)(ii).
Are Certain Aliens Ineligible for TPS?
Yes. Individuals who do not meet the physical presence and
continuous residence requirements as explained earlier in this notice
are ineligible for TPS. In addition, there are certain criminal and
terrorism related inadmissibility grounds that apply to TPS applicants
and would render an alien ineligible for TPS. 8 U.S.C. 1254a
(c)(2)(iii). Further, aliens who have been convicted of a felony, or
two or more misdemeanors, committed in the United States and aliens who
are described in the bars to asylum in Section 208 (b)(2)(A) of the
Act, 8 U.S.C. 1158(b)(2)(A), are ineligible for TPS. 8 U.S.C. 1254a
(c)(2)(B).
Can I Apply for Another Immigration Benefit While Registered for TPS?
Yes. Registration for TPS does not prevent you from applying for
another non-immigrant status or from filing for adjustment of status
based on an immigrant petition. 8 U.S.C. 1254a(a)(5). TPS alone,
however, does not lead to adjustment of status. See 8 U.S.C. 1254a(e),
(f)(1), (h). For the purposes of change of status and adjustment of
status, an alien is considered as being in, and maintaining, lawful
status as a nonimmigrant during the period in which the alien is
granted TPS. 8 U.S.C. 1254a(f)(4).
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 TPS, not a notice of re-
designation of TPS for Burundi. An extension of TPS does not change the
required dates of continuous residence and continuous physical presence
in the United States. This extension does not expand TPS availability
to those beyond the current TPS eligibility requirements of Burundi. To
be eligible for benefits under this extension, nationals of Burundi (or
aliens having no nationality who last habitually resided in Burundi)
must have been continuously physically present and continuously resided
in the United States since November 9, 1999,
[[Page 60168]]
the date of the most recent re-designation of TPS for Burundi.
What Is Late Initial Registration?
Some persons may be eligible for late initial registration under 8
U.S.C. 1254a(c)(1)(A), 8 U.S.C. 1254a(c)(2), and 8 CFR 244.2. To apply
for late initial registration an applicant must:
(1) Be a national of Burundi (or 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 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 registration period for the initial designation (from November 4,
1997 to November 3, 1998), or during the registration period for the
re-designation (from November 9, 1999 to 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.
An applicant for late initial registration must file an application
for late registration no later than 60 days after the expiration or
termination of the conditions described above. 8 CFR 244.2(g).
What Happens When This Extension of TPS Expires on November 2, 2005?
At least 60 days before this extension of TPS expires on November
2, 2005, the Secretary of DHS will review conditions in Burundi and
determine whether the conditions for TPS designation continue to be met
at that time, or whether the TPS designation should be terminated. 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.
Notice of Extension of Designation of TPS for Burundi
By the authority vested in DHS under sections 244(b)(1)(A),
(b)(1)(C), (b)(3)(A), and (b)(3)(C) of the Act, DHS has determined,
after consultation with the appropriate government agencies, that the
conditions that prompted designation of Burundi for TPS continue to be
met. Accordingly, DHS orders as follows:
(1) The designation of Burundi under sections 244(b)(1)(A) and
(b)(1)(C) of the Act is extended for an additional 12-month period from
November 2, 2004, to November 2, 2005. 8 U.S.C. 1254a(b)(3)(C).
(2) There are approximately 19 nationals of Burundi (or aliens
having no nationality who last habitually resided in Burundi) who have
been granted TPS and who are eligible for re-registration.
(3) To maintain TPS, a national of Burundi (or an alien having no
nationality who last habitually resided in Burundi) who was granted TPS
during the initial designation period or re-designation period must re-
register for TPS during the 60-day re-registration period from October
7, 2004 until December 6, 2004.
(4) To re-register, the applicant must file the following: (1) Form
I-821, Application for Temporary Protected Status without fee; (2) Form
I-765, Application for Employment Authorization with fee if work
authorization is requested; (3) two identification photographs (full
face frontal 2 inches by 2 inches); and (4) a biometrics fee of seventy
dollars ($70) for each applicant age 14 and older. Applications
submitted without the required fee and/or photos will be returned to
the applicant. If the applicant requests employment authorization, he
or she must submit one hundred and seventy-five dollars ($175) 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 Form I-765 along with Form I-821,
but is not required to submit the fee for filing Form I-765. Failure to
re-register without good cause will result in the withdrawal of TPS. 8
U.S.C. 1254a(c)(3)(C). Some persons who had not previously applied for
TPS may be eligible for late initial registration under 8 CFR 244.2.
(5) At least 60 days before this extension terminates on November
2, 2005, the Secretary will review the designation of TPS for Burundi
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. Id.
(6) Information concerning the extension of designation of Burundi
for TPS will be available at local BCIS offices upon publication of
this notice and on the BCIS Web site at http://uscis.gov.
Dated: September 2, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-22706 Filed 10-6-04; 8:45 am]
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