[Federal Register: November 2, 2010 (Volume 75, Number 211)]
[Notices]
[Page 67383-67386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no10-82]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2497-99; DHS Docket No. USCIS 2010-0010]
RIN 1615-ZA99
Extension of the Designation of Somalia for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
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SUMMARY: This Notice announces that the Secretary of Homeland Security
(Secretary) has extended the designation of Somalia for temporary
protected status (TPS) for 18 months, from its current expiration date
of March 17, 2011 through September 17, 2012. The Secretary has
determined that an 18-month extension is warranted because conditions
in Somalia prompting the TPS designation continue to be met. Armed
conflict in Somalia is ongoing and, due to such conflict and other
extraordinary and temporary conditions, requiring the return of
eligible individuals with TPS to Somalia would pose a serious threat to
their personal safety.
This Notice also sets forth procedures necessary for nationals of
Somalia (or aliens having no nationality who last habitually resided in
Somalia) with TPS to re-register and to apply for an extension of their
employment authorization documents (EADs) with U.S. Citizenship and
Immigration Services (USCIS). Re-registration is limited to persons who
previously registered for TPS under the designation of Somalia and
whose applications have been granted or remain pending. Certain
nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) who have not previously applied for TPS
may be eligible to apply under the late initial registration
provisions. Information on late initial registration can be found on
the USCIS Web site at http://www.uscis.gov on the ``Temporary Protected
Status'' homepage.
USCIS will issue new EADs with a September 17, 2012 expiration date
to eligible TPS beneficiaries who timely re-register and apply for
EADs.
DATES: The extension of the TPS designation of Somalia is effective
March 18, 2011, and will remain in effect through September 17, 2012.
The 60-day re-registration period begins November 2, 2010 and will
remain in effect until January 3, 2011.
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS Web site at http://www.uscis.gov. Select ``Temporary
Protected Status'' from the homepage under ``Humanitarian Relief.'' You
can find detailed information about this TPS extension on our Web site
at the Somali Questions & Answers Section.
You can also contact the TPS Operations Program Manager,
Status and Family Branch, Service Center Operations Directorate, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., Washington, DC 20529-2060, telephone
(202) 272-1533. This is not a toll-free call.
Note: The phone number provided here is solely for questions
regarding this TPS notice. It is not for individual case status
inquiries. Applicants seeking information about the status of their
individual cases can check Case Status Online available at the USCIS
Web site at http://www.uscis.gov, or call the USCIS National
Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
AI--Amnesty International
DHS--Department of Homeland Security
DOS--Department of State
[[Page 67384]]
EAD--Employment Authorization Document
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration Related Unfair Employment Practices
Secretary--Secretary of Homeland Security
TFG--Transitional Federal Government
TPS--Temporary Protected Status
UN--United Nations
UNHCR--United Nations High Commissioner for Refugees
USCIS--U.S. Citizenship and Immigration Services
What Is Temporary Protected Status?
TPS is an immigration status granted to eligible nationals
of a country designated for TPS under the Act (or to persons with no
nationality who last habitually resided in the designated country).
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States and may obtain work
authorization, so long as they continue to meet the requirements of
their TPS status.
The granting of TPS does not lead to permanent resident
status.
When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status they maintained
before TPS (unless that status has since expired or been terminated)
unless they lawfully obtained another immigration status while
registered for TPS.
What authority does the Secretary of Homeland Security have to extend
the designation of Somalia for TPS?
Section 244(b)(1) of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with
appropriate agencies of the government, to designate a foreign State
(or part thereof) for TPS.\1\ The Secretary may then grant TPS to
eligible nationals of that foreign State (or aliens having no
nationality who last habitually resided in that State). Section
244(a)(1)(A) of the Act, 8 U.S.C. 1254a(a)(1)(A).
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\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act describing
functions transferred under the HSA from the Department of Justice
to the Department of Homeland Security ``shall be deemed to refer to
the Secretary'' of Homeland Security. See 6 U.S.C. 557 (codifying
HSA, tit. XV, sec. 1517).
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At least 60 days before the expiration of a TPS designation, the
Secretary, after consultation with appropriate agencies of the
government, must review the conditions in a foreign State designated
for TPS to determine whether the conditions for the TPS designation
continue to be met and, if so, must determine the length of an
extension of the TPS designation. Section 244(b)(3)(A) and (C) of the
Act, 8 U.S.C. 1254a(b)(3)(A) and (C). If the Secretary determines that
the foreign State no longer meets the conditions for the TPS
designation, the Secretary must terminate the designation. Section
244(b)(3)(B) of the Act, 8 U.S.C. 1254a(b)(3)(B).
When was Somalia designated for TPS?
On September 16, 1991, the Attorney General designated Somalia for
TPS based on the ongoing armed conflict and extraordinary and temporary
conditions within the country. 56 FR 46804. See section 244(a)(b)(1)(A)
and (C) of the Act, 8 U.S.C. 1254a(b)(1)(A) and (C). On September 4,
2001, the Attorney General redesignated Somalia for TPS. 66 FR 46288.
The last extension of TPS for Somalia was announced on July 27, 2009,
based on the Secretary's determination that the conditions warranting
the designation and redesignation continued to be met. 74 FR 37043.
This announcement is the eighth extension of TPS for Somalia since the
redesignation in 2001.
Why is the Secretary extending the TPS designation for Somalia through
September 17, 2012?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Somalia. Based on this review, and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the conditions prompting
designation and redesignation continue to be met. Armed conflict in
Somalia is ongoing and, due to such conflict and other extraordinary
and temporary conditions requiring the return of eligible individuals
with TPS to Somalia would pose a serious threat to their personal
safety.
Somalia remains in a state of chaos characterized by the lack of a
central government, a crippled economy, the absence of civil
structures, destruction of infrastructure, and generalized insecurity
in the form of banditry, kidnapping, looting, revenge killings,
targeted assassinations, suicide car-bombings, and inter-clan fighting.
A total of 7,574 civilians were killed in 2008. An additional 1,739
civilians were killed in 2009. In January 2010 alone, 258 civilians
were killed in the escalating conflict. An April 2010 United Nations
(UN) report states that trafficking of women and children is
widespread. An April 2010 report by Human Rights Watch indicates that
men and boys were forcibly recruited into militia forces, and were
killed if they refused. An Amnesty International (AI) report covering
the period between September 2009 and March 2010 stated that civilians
were deliberately targeted for attacks and that opposition groups which
continued to control south and central Somalia increasingly subjected
civilians living in those areas to serious human rights violations,
including abduction, torture, and unlawful killings.
In January 2009, Sheikh Sharif Sheikh Ahmed was appointed as
president of the Transitional Federal Government (TFG). De-escalation
of violence in Mogadishu and other parts of southern and central
Somalia followed and some 60,000 people returned. However, a new
offensive in May 2009 against the TFG and resumed fighting resulted in
death or injury to thousands of civilians and forced some 255,000
people to flee the city.
As of March 25, 2010, the United Nations High Commissioner for
Refugees (UNHCR) estimated the number of people internally displaced
within Somalia at 1.4 million. The number of Somalis who sought refuge
in neighboring countries in 2008 was 106,909. In 2009, the number rose
to 121,177. In the first quarter of 2010, the number of individuals who
sought refuge in neighboring countries was 21,730. According to UNHCR
figures, the total number of Somali refugees in neighboring countries
is 568,640.
In January 2008, the number of Somalis in need of humanitarian
assistance was 1.8 million. As of February 2010, the UN Food Security
and Nutrition Analysis Unit reported the number at 3.2 million, or 42%
of the population. However, humanitarian efforts have been hindered by
increasing targeted attacks on humanitarian workers countrywide.
Several international assistance organizations have had to suspend most
humanitarian feeding operations. According to the March 25, 2010 AI
report, ``The delivery of emergency humanitarian aid in Somalia is
shrinking.'' The threat of piracy, insecurity, restrictions on movement
and operations of aid agencies, and corruption hampered the delivery of
humanitarian aid to populations in need.
Based on this review and after consultation with the appropriate
Government agencies, the Secretary has determined that:
The conditions that prompted the September 4, 2001
redesignation of Somalia for TPS continue to be met. See
[[Page 67385]]
section 244(b)(3)(A) and (C) of the Act, 8 U.S.C. 1254a(b)(3)(A) and
(C).
Requiring the return of nationals to Somalia continues to
pose a serious threat to their personal safety due to an ongoing armed
conflict. See section 244(b)(1)(A) of the Act, 8 U.S.C. 1254a(b)(1)(A).
Nationals of Somalia still cannot return to Somalia in
safety due to continued extraordinary and temporary conditions. See
section 244(b)(1)(C) of the Act, 8 U.S.C. 1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit aliens who meet the eligibility requirements of TPS to
remain in the United States temporarily. See section 244(b)(1)(C) of
the Act, 8 U.S.C. 1254a(b)(1)(C).
The designation of Somalia for TPS should be extended for
an additional 18-month period. See section 244(b)(3)(C) of the Act, 8
U.S.C. 1254a(b)(3)(C).
There are approximately 300 nationals of Somalia (or
aliens having no nationality who last habitually resided in Somalia)
who are eligible for TPS under this extended designation.
Notice of Extension of the TPS Designation of Somalia
By the authority vested in me as Secretary of Homeland Security
under section 244 of the Act, 8 U.S.C. 1254a, I have determined after
consultation with the appropriate government agencies that the
conditions that prompted redesignation of Somalia for temporary
protected status (TPS) on September 4, 2001, continue to be met. See
section 244(b)(3)(A) and (C) of the Act, 8 U.S.C. 1254a(b)(3)(A) and
(C). On the basis of this determination, I am extending the TPS
designation of Somalia for 18 months from March 18, 2011 through
September 17, 2012.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register or Re-
register for TPS
To register or re-register for TPS, an applicant must submit:
1. Form I-821, Application for Temporary Protected Status,
You need to pay the Form I-821 application fee only if you
are filing an application for late initial registration;
You do not need to pay the Form I-821 fee for a re-
registration; and
2. Form I-765, Application for Employment Authorization.
If you are filing for re-registration, you must pay the
Form I-765 application fee if you want an employment authorization
document (EAD).
If you are filing for late initial registration and want
an EAD, you must pay the Form I-765 fee only if you are age 14 through
65. No EAD fee is required if you are under the age of 14 or over the
age of 65 and filing for late initial TPS registration.
You do not pay the Form I-765 fee if you are not
requesting an EAD.
You must submit both completed application forms together. You may
apply for application and/or biometrics fee waivers if you are unable
to pay and you can provide proof through satisfactory supporting
documentation. For more information on the application forms and
application fees for TPS, please visit the USCIS Web site at http://
www.uscis.gov.
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. You may apply for application and/or biometrics fee
waivers if you are unable to pay and you can provide proof through
satisfactory supporting documentation. For more information on the
biometric services fee, please visit the USCIS Web site at http://
www.uscis.gov.
Mailing Information
Mail your application for TPS to the proper address in Table 1:
Table 1--Mailing Addresses
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If . . . Mail to . . .
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You are applying for re-registration USCIS, Attn: TPS Somalia, P.O. Box 8677, Chicago, IL 60680-8677.
through US Postal Service.
You are applying for the first time as a USCIS, Attn: TPS Somalia, P.O. Box 8677, Chicago, IL 60680-8677.
late initial registrant through US
Postal Service.
You are using a Non-US Postal Service USCIS, Attn: TPS Somalia, 131 S. Dearborn--3rd Floor, Chicago, IL
delivery service for both re- 60603-5517.
registration and first time late initial
registration.
You were granted TPS by an Immigration USCIS, Attn: TPS Somalia, P.O. Box 7332, Chicago, IL 60680-7332.
Judge (IJ) or the Board of Immigration
Appeals (BIA), and you wish to request
an EAD or are re-registering for the
first time.
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E-Filing
If you are re-registering for TPS during the re-registration period
and you do not need to submit any supporting documents or evidence, you
are eligible to file your applications electronically. For more
information on e-filing, please visit the USCIS E-Filing Reference
Guide at the USCIS Web site at http://www.uscis.gov.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.
Will my current EAD that is set to expire on March 17, 2011, be
automatically extended for 6 months?
No. This notice does not automatically extend previously issued
EADs. DHS has announced the extension of the TPS designation of Somalia
and established the re-registration period at an early date to allow
sufficient time for USCIS to process EAD requests prior to the March
17, 2011 expiration date. You must apply during the 60-day re-
registration period. Failure to apply during the re-registration period
without good cause may result in a withdrawal of your TPS benefits. DHS
strongly encourages you to apply as early as possible within the re-
registration period.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9?
After March 17, 2011, a TPS beneficiary who chooses to present an
EAD as a List A document may present his or her new EAD (Form I-766)
with a new expiration date of September 17, 2012, to his or her
employer as proof of employment authorization and identity. The EAD
will bear the notation ``A-12'' or ``C-19'' on the face of the card in
the middle under ``Category.'' After March 17, 2011, employers may not
accept EADs that no longer have a valid date.
[[Page 67386]]
Employers may not request proof of Somali citizenship. Employers
should not ask for additional Form I-9 documentation if presented with
a new valid EAD pursuant to this Federal Register notice, and the EAD
reasonably appears on its face to be genuine and to relate to the
employee. Employees also may present any other legally acceptable
document or combination of documents listed on the Form I-9 as proof of
identity and employment eligibility.
Note to Employers
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth re-
verification requirements. For questions, employers may call the USCIS
Customer Assistance Office at 1-800-357-2099. Employers may also call
the U.S. Department of Justice Office of Special Counsel for
Immigration Related Unfair Employment Practices (OSC) Employer Hotline
at 1-800-255-8155.
Note to Employees
Employees or applicants may call the OSC Employee Hotline at 1-800-
255-7688 for information regarding the automatic extension. Additional
information is available on the OSC Web site at http://www.justice.gov/
crt/osc/.
[FR Doc. 2010-27613 Filed 11-1-10; 8:45 am]
BILLING CODE 9111-97-P
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