33356 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2066–00; AG Order No. 2305–2000]

RIN 1115–AE26

Termination of the Province of Kosovo

in the Republic of Serbia in the State

of the Federal Republic of Yugoslavia

(Serbia-Montenegro) Under the

Temporary Protected Status Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: The Attorney General’s

designation of the Province of Kosovo in

the Republic of Serbia in the State of the

Federal Republic of Yugoslavia (SerbiaMontenegro) (the ‘‘Kosovo Province’’)

under the Temporary Protected Status

(TPS) program expires on June 8, 2000.

After reviewing county conditions and

consulting with the appropriate

Government agencies, the Attorney

General has determined that conditions

in the Kosovo Province no longer

qualify for TPS designation. However,

because this determination was not

made at least 60 days before the

expiration date, the designation of the

Kosovo Province for TPS is

automatically extended for a period of 6

months, until December 8, 2000. The

termination of the TPS designation of

the Kosovo Province will therefore take

effect on December 8, 2000. After that

date, aliens who are nationals of the

Kosovo Province (and aliens having no

nationality who last habitually resided

in the Kosovo Province) who have had

TPS under the Kosovo Province

designation will no longer possess such

status. This notice contains information

regarding the 6-month extension and

subsequent termination of the TPS

designation for the Kosovo Province.

DATES: The termination of the TPS

designation for the Kosovo Province is

extended until December 8, 2000. On

December 8, 2000, the TPS designation

for the Kosovo Province will be

terminated.

FOR FURTHER INFORMATION CONTACT:

Michael Valverde, Adjudications

Officer, Office of Adjudications,

Residence and Status Branch,

Immigration and Naturalization Service,

Room 3040, 425 I Street, NW.,

Washington, DC 20536, telephone (202)

514–4754.

SUPPLEMENTARY INFORMATION: 

What Is the Statutory Authority for the

Designation and Termination of TPS?

Under section 244 of the Immigration

and Nationality Act (Act), 8 U.S.C.

1254a, the Attorney General is

authorized to designate a foreign state

(or past of a state) for TPS. The Attorney

General 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(b)(3)(A) of the Act requires the

Attorney General to review, at least 60

days before the end of the period of TPS

designation, the conditions in a foreign

state designated under section 244(b)(1)

of the Act. 8 U.S.C. 1254a(b)(3)(A).

Section 244(b)(3) of the Act further

requires the Attorney General to

determine whether the conditions for

such a designation continue to be met

and to terminate the state’s designation

when the Attorney General determines

the conditions are no longer met. 8

U.S.C. 1254a(b)(3)(B). The Attorney

General must then publish a notice of

termination in the Federal Register. If

the Attorney General fails to make the

determination required by section

244(b)(3)(A) of the Act at least 60 days

before the end of the period of

designation, then the designation is

automatically extended for an

additional period of 6 months. 8 U.S.C.

1254a(b)(3)(C).

Why Did the Attorney General Decide

To Terminate TPS for the Kosovo

Province?

On June 8, 1999, the Attorney General

published a notice redesignating the

Kosovo Province for TPS for a period of

1 year, based upon conditions in the

Kosovo Province at that time. 64 FR

30542 (June 8, 1999). That TPS

designation is scheduled to expire on

June 8, 2000.

Based upon a more recent review of

conditions within the Kosovo Province

by the Departments of Justice and State,

the Attorney General finds that

conditions in the Kosovo Province no

longer support a TPS designation. A

Department of State memorandum

concerning the Kosovo Province states

that ‘‘[a]lthough conditions remain

difficult with bursts of ethnicallymotivated violence, the situation in

Kosovo cannot now be classified as

′ongoing internal conflict.′ Outright

fighting ended in June 1999 with the

withdrawal of the Yugoslav army.’’ The

memorandum also states that ‘‘[t]he

United Nations High Commissioner for

Refugees has determined that Kosovar

Albanians, who constitute the majority

of the Kosovo population, can now

return to Kosovo in safety to all areas of

Kosovo except the Serb-dominated

Mitrovica and certain areas in Eastern

Kosovo. In addition, the vast majority of

those who fled Kosovo during the

conflict returned during the summer

and fall of 1999, shortly after the end of

the international military presence

(KFOR).’’

Based on these findings, the Attorney

General has decided to terminate the

designation of the Kosovo Province for

TPS. However, because the Attorney

General did not make this determination

at least 60 days before the end of the

current designation, the designation is

automatically extended pursuant to

section 244(b)(3)(A) of the Act for an

additional 6 months. The termination

will therefore take effect at the end of

the 6-month extension.

If I Currently Have TPS, How Do I

Register for the 6-Month Extension?

Persons previously granted TPS under

the Kosovo Province program may apply

for the 6-month extension by filing the

Form I–821, Application for Temporary

Protected Status, without the fee, during

the re-registration period that begins

May 23, 2000 and ends June 22, 2000.

Additionally, those applying must file

the Form I–765, Application for

Employment Authorization. See the

chart below to determine whether or not

you must submit the $100 filing fee with

the Form I–765.

If Then

You are applying for employment authorization through December 8,

2000.

You must complete and file the Form I–765, Application for Employment Authorization, with the $100 fee.

You already have employment authorization or do not require employment authorization.You must complete and file the Form I–765 with no fee.

You are applying for employment authorization and are requesting a

fee waiver.

You must complete and file the Form I–765 and a fee waiver request

and requisite affidavit (and any other information) in accordance with

8 CFR 244.20.

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 33357

To re-register for TPS, you must also

include two identification photographs

(11⁄2′′ x 11⁄2′′).

Is Late Initial Registration Possible?

Yes, in addition to timely reregistration, late initial registration is

possible for some persons from the

Kosovo Province under 8 CFR

244.2(f)(2).

What Are the Requirements for Late

Initial Registration?

To apply for late initial registration an

applicant must:

• Be a national of the Kosovo

Province (or a person who has no

nationality and who last habitually

resided in the Kosovo Province);

• Have been continuously physically

present in the United States since June

8, 1999;

• Have continuously resided in the

United States since June 8, 1999; and

• Be admissible as an immigrant,

except as otherwise provided under

section 244(c)(2)(A) of the Act.

• Additionally, the applicant for late

initial registration must be able to

demonstrate that, during the initial

registration period, he or she:

• Was a nonimmigrant, or was

granted voluntary departure or any

relief from removal;

• Had an application for change of

status, adjustment of status, or any relief

from removal pending or subject to

further review; or

• Was a parolee or had a pending

request for reparole; or

• That the applicant is currently the

spouse or child of an alien currently

eligible to be a TPS registrant.

An applicant for late initial

registration must register no later than

60 days from the expiration or

termination of the qualifying condition.

8 CFR 244.2(g).

Where Should I File for an Extension of

TPS?

You may register for the extension of

TPS by submitting an application and

accompanying materials to the

Immigration and Naturalization

Service’s local office that has

jurisdiction over your place of

residence.

When Can I File for an Extension of

TPS?

The 30-day re-registration period

begins May 23, 2000, and will remain in

effect until June 22, 2000.

What Can I Do If I Feel That My Return

to the Kosovo Province Is Unsafe?

There may be other avenues of

immigration relief available to aliens

who are nationals of the Kosovo

Province (and aliens having no

nationality who last habitually resided

in the Kosovo Province) in the United

States who believe that their particular

circumstances make return to the

Kosovo Province unsafe. Such avenues

may include, but are not limited to,

asylum or withholding of removal.

How Does the Termination of TPS

Affect Former TPS Beneficiaries?

After the designation of the Kosovo

Province for TPS is terminated on

December 8, 2000, those aliens who are

nationals of the Kosovo Province (and

aliens having no nationality who last

habitually resided in the Kosovo

Province) will revert back to the

immigration status they had prior to

TPS, unless they have been granted

another immigration status. The stay of

removal and eligibility for employment

authorization due to the designation of

the Kosovo Province under the TPS

program will no longer be available.

However, the termination of the TPS

designation for the Kosovo Province

will not affect any pending applications

for other forms of immigration relief.

Those persons who received TPS

under the Kosovo Province designation

may being accruing periods of unlawful

presence as of December 8, 2000, if they

have not been granted any other

immigration benefit or have no

application for such a benefit pending.

Aliens who accrue certain periods of

unlawful presence in the United States

may be barred from admission to the

United States under section

212(a)(9)(B)(i) of the Act. See 8 U.S.C.

1182(a)(9)(B)(i).

Notice of 6-Month Extension and

Termination of Designation of Kosovo

Province Under the TPS Program

By the authority vested in me as

Attorney General under section

244(b)(3) of the Act, I have consulted

with the appropriate agencies of

Government concerning conflict and

security conditions in the Kosovo

Province. 8 U.S.C. 1254a(b)(3). Based on

these consultations, I have determined

that the Kosovo Province no longer

meets the conditions for designation of

TPS under section 244(b)(1) of the Act.

See 8 U.S.C. 1254a(b)(1).

Since June 10, 1999, when Serb forces

withdrew from northern Kosovo and the

North Atlantic Treaty Organization

suspended its airstrikes, the Kosovo

Province has been relatively peaceful,

with the exception of occasional

isolated outbreaks of violence. An

international police force has assumed

law enforcement duties and began

recruiting Kosovars for local police

forces.

I also understand that, although the

Kosovo Province is still rebuilding from

the war, the return of persons to the

Kosovo Province would not result in a

danger to their personal safety. The

United Nations (UN) is planning to

phase out its relief efforts and begin

concentrating on rebuilding housing by

mid-year. The UN also plans to end its

emergency shelter program. Since

summer 1999, nearly 90 percent of the

over 850,000 ethnic Albanians who fled

the Kosovo Province have returned,

including over 3,000 from the United

States. In view of the recommendations

of the Departments of Justice and State

for termination, I terminate the

designation of the Kosovo Province

under the TPS program. However,

because I did not make this

determination at least 60 days before the

expiration of the designation, the

designation is automatically extended

for 6 months, until December 8, 2000.

Accordingly, I order as follows:

(1) The designation of the Kosovo

Province for TPS under section

244(b)(1) of the Act is terminated

effective December 8, 2000.

(2) I estimate that there are no more

than 1,000 nationals of the Kosovo

Province (and aliens having no

nationality who last habitually resided

in the Kosovo Province) who have been

previously granted TPS.

(3) Information concerning the

termination of the TPS program for

nationals of the Kosovo Province (and

aliens having no nationality who last

habitually resided in the Kosovo

Province) will be available at local

Immigration and Naturalization Service

(INS) offices upon publication of this

notice or at the INS website, http://

www.ins.usdoj.gov.

Dated: May 16, 2000.

Janet Reno,

Attorney General.

[FR Doc. 00–12856 Filed 5–22–00; 8:45 am]

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