[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Notices]
[Pages 67407-67409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28748]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2094-00; AG Order No. 2331-2000]
RIN 1115-AE 26


Extension of Designation of Sudan Under the Temporary Protected 
Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: The designation of Sudan under the Temporary Protected Status 
(TPS) program expired on November 2, 2000. This notice extends the 
Attorney General's designation of Sudan under the TPS program for 12 
months until November 2, 2001, and sets forth procedures necessary for 
nationals of Sudan (or aliens having no nationality who last habitually 
resided in Sudan) with TPS to register for the additional 12-month 
period. Eligible nationals of Sudan (or aliens having no nationality 
who last habitually resided in Sudan) may re-register for TPS and an 
extension of employment authorization. Re-registration is limited to 
persons who registered during the initial registration period, which 
ended on November 3, 1998, who registered under the redesignation, 
which ended November 2, 2000, or who registered under the late initial 
registration provisions. Nationals of Sudan (or aliens having no

[[Page 67408]]

nationality and who last habitually resided in Sudan) who are eligible 
for late initial registration may register for TPS during this 
extension.

EFFECTIVE DATES: The extension of the TPS designation for Sudan is 
effective November 2, 2000, and will remain in effect until November 2, 
2001. The 30-day re-registration period begins November 9, 2000, and 
will remain in effect until December 11, 2000.

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 Is the Statutory Authority for the Attorney General To Extend 
Sudan's TPS Designation 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 an extension or a 
designation, 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 determines that the foreign state continues to 
meet the conditions for designation, the period of designation is 
extended pursuant to section 244(b)(3)(C) of the Act. 8 U.S.C. 
1254a(b)(3)(c). With respect to Sudan, 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 from November 9, 1999.

Why Did the Attorney General Decide To Extend the TPS Designation 
for Sudan?

    On November 4, 1997, the Attorney General designated Sudan for TPS 
for a period of 12 months (62 FR 59737). Since that date, the 
Departments of State and Justice have annually reviewed conditions 
within Sudan, resulting in the Attorney General extending the 
designation in 1998 (63 FR 59337), and extending the designation and 
redesignating Sudan in 1999 (64 FR 61128). The Departments of State and 
Justice have recently reviewed conditions within Sudan. The review 
resulted in a consensus that a further 12-month extension is warranted. 
The reasons for extension, as explained in a State Department 
memorandum, are as follows: ``Civil war continues in Sudan, causing 
extensive displacement of populations and violations of human rights. 
Insecurity and forced population relocations and insecurity have 
destroyed most of the indigenous trading and production systems. The 
risk of famine continues as fighting impedes relief efforts.'' Based on 
this year's review, the Attorney General finds that conditions in Sudan 
warrant a 12-month extension of the designation of Sudan under section 
244(b)(3)(C) of the Act. 8 U.S.C. 1254a(b)(3)(C). Because the Attorney 
General did not determine, at least 60 days before the end of the 
designation period, that the conditions in Sudan no longer warrant TPS, 
the designation was automatically extended six months by operation of 
statute on November 2, 2000. 8 U.S.C. 1254a(b)(3)(C). On the basis of 
the most recent findings, the Attorney General finds that the TPS 
designation for Sudan should be extended for an additional 12-month 
period, rather than the six month period resulting from the automatic 
extension.

If I Currently Have TPS Through the Sudan TPS Program, Do I Still 
Need To Register for an Extension and How Do I Do So?

    If you have already been granted TPS through the Sudan TPS Program, 
your TPS expired on November 2, 2000. Persons previously granted TPS 
under the Sudan program may apply for an extension by filing a Form I-
821, Application for Temporary Protected Status, without the fee, 
during the re-registration period that begins November 9, 2000 and ends 
December 11, 2000. Additionally, you must file a Form I-765, 
Application for Employment Authorization. To determine whether or not 
you must submit the one-hundred dollar ($100) filing fee with the Form 
I-765, see the chart below.

------------------------------------------------------------------------
                If . . .                            Then . . .
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You are applying for employment          You must complete and file the
 authorization until November 2, 2001.    Form I-765, Application for
                                          Employment Authorization, with
                                          the one-hundred dollar ($100)
                                          fee.
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You have employment authorization until  You must complete and file the
 November 2, 2001, or do not require      Form I-765, Application for
 employment authorization.                Employment Authorization, with
                                          no fee.
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You are applying for employment          You must complete and file Form
 authorization and are requesting a fee   I-765 and a fee waiver request
 waiver.                                  and affidavit (and any other
                                          information) in accordance
                                          with 8 CFR 244.20.
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To re-register for TPS, you must also include two identification 
photographs (1\1/2\'  x  1\1/2\').

Where Must I File for an Extension of TPS?

    Nationals of Sudan (or aliens who have no nationality and who last 
habitually resided in Sudan) seeking to register for the extension of 
TPS must submit an application and accompanying materials to the 
Immigration and Naturalization Service (Service) district office that 
has jurisdiction over the applicant's place of residence.

When Must I File for an Extension of TPS?

    The 30-day re-registration period begins November 9, 2000, and will 
remain in effect until December 11, 2000.

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. A national of Sudan (or alien having no 
nationality who last habitually resided in Sudan) who is otherwise 
eligible for TPS and has applied for, or plans to apply for, asylum, 
but who has not yet been granted asylum or withholding of removal, may 
also apply for TPS. Denial of an application for asylum or any other 
immigration benefit does not affect an applicant's ability to register 
for TPS, although the grounds of denial may also be grounds of denial 
for TPS. For example, a person who has been convicted of a particularly 
serious crime is no eligible for asylum or TPS. 8 U.S.C. 1158(b)(2); 8 
U.S.C. 1254a(c)(2)(B).

[[Page 67409]]

Does This Extension Allow Nationals of Sudan (or Aliens Having No 
Nationality Who Last Habitually Resided in Sudan) 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 
Sudan, not a notice of redesignation for Sudan for TPS. An extension of 
TPS does not change the required dates of continuous residence and 
continuous physical presence in the United States and does not expand 
TPS availability to include nationals of Sudan (or aliens having no 
nationality who last habitually resided in Sudan) who arrived in the 
United States after the date of the most recent redesignation, in this 
case, November 9, 1999.

Is Late Initial Registration Possible?

    Yes. In addition to timely re-registration, late initial 
registration is possible for some persons from Sudan under 8 CFR 
244.2(f)(2). To apply for late initial registration an applicant must:
    (1) be a national of Sudan (or an alien who has no nationality and 
who last habitually resided in Sudan);
    (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 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 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 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 sixty (60) days from the expiration or termination of conditions 
described above. 8 CFR 244.2(g).

Notice of Extension of Designation of Sudan Under the TPS Program

    By the authority vested in me as Attorney General under sections 
244(b)(3)(A) and (C), and (b)(1) of the Act, I have consulted with the 
appropriate Government agencies concerning whether the conditions under 
which Sudan was designated for TPS continue to exist. As a result, I 
determine that the conditions for the designation of TPS for Sudan 
continue to be met. 8 U.S.C. 1254a(b)(3)(A). Accordingly, I order as 
follows:
    (1) The designation of Sudan under section 244(b) of the Act is 
extended for an additional 12-month period from November 2, 2000, until 
November 2, 2001. 8 U.S.C. 1254a(b)(3)(C).
    (2) I estimate that there are approximately 1,500 nationals of 
Sudan (or aliens who have no nationality and who last habitually 
resided in Sudan) 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, 2000, to November 2, 2001, a national of Sudan (or alien who has no 
nationality and who last habitually resided in Sudan) who has already 
received a grant of TPS under the Sudan TPS designation or who is 
eligible to file under the late filing provisions of 8 CFR 244.2(f)(2), 
must register for TPS by filing a new Application for Temporary 
Protected Status, Form I-821, along with an Application for Employment 
Authorization, Form I-765, within the 30-day period beginning on 
November 9, 2000 and ending on December 11, 2000. Late registration 
will be allowed only for good cause shown pursuant to 8 CFR 244.17(c).
    (4) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before November 2, 2001, the 
designation of Sudan under the TPS program to 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 TPS program for nationals of Sudan 
(or aliens who have no nationality and who last habitually resided in 
Sudan) will be available at local Service offices upon publication of 
this notice.

    Dated: November 2, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-28748 Filed 11-8-00; 8:45 am]
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