23202 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 

82Because the suspension of requirements under 

this notice applies throughout an academic term 

during which the suspension is in effect, DHS 

considers an F–1 nonimmigrant student who 

engages in a reduced course load or employment (or 

both) after this notice is effective to be engaging in 

a ‘‘full course of study,’’ see 8 CFR 214.2(f)(6), and 

eligible for employment authorization, through the 

end of any academic term for which such student 

is matriculated as of October 19, 2023, provided the 

student satisfies the minimum course load 

requirement in this notice. DHS also considers 

students who engage in online coursework pursuant 

to ICE Coronavirus Disease 2019 (COVID–19) 

guidance for nonimmigrant students to be in 

compliance with regulations while such guidance 

remains in effect. See ICE Guidance and Frequently 

Asked Questions on COVID–19, Nonimmigrant 

Students & SEVP-Certified Schools: Frequently 

Asked Questions, https://www.ice.gov/coronavirus 

(last visited Mar. 2022). 

Special Student Relief employment 

authorization, the F–1 nonimmigrant 

student may drop below twelve credit 

hours, or otherwise applicable 

minimum requirements (with a 

minimum of six semester or quarter 

credit hours of instruction per academic 

term if at the undergraduate level, or for 

a minimum of three semester or quarter 

credit hours of instruction per academic 

term if at the graduate level). See 8 CFR 

214.2(f)(5)(v), 214.2(f)(6), and 

214.2(f)(9)(i) and (ii). 

How does a student who has received 

a TPS-related employment 

authorization document then apply for 

authorization to take a reduced course 

load under this notice? 

There is no further application 

process with USCIS if a student has 

been approved for a TPS-related EAD. 

The F–1 nonimmigrant student must 

demonstrate and provide 

documentation to the DSO of the direct 

economic hardship resulting from the 

current crisis in Sudan. The DSO will 

then verify and update the student’s 

record in SEVIS to enable the F–1 

nonimmigrant student with TPS to 

reduce the course load without any 

further action or application. No other 

EAD needs to be issued for the F–1 

nonimmigrant student to have 

employment authorization. 

Can a noncitizen who has been granted 

TPS apply for reinstatement of F–1 

nonimmigrant student status after the 

noncitizen’s F–1 nonimmigrant student 

status has lapsed? 

Yes. Current regulations permit 

certain students who fall out of F–1 

nonimmigrant student status to apply 

for reinstatement. See 8 CFR 

214.2(f)(16). This provision might apply 

to students who worked on a TPSrelated EAD or dropped their course 

load before publication of this notice, 

and therefore fell out of student status. 

These students must satisfy the criteria 

set forth in the F–1 nonimmigrant 

student status reinstatement regulations. 

How long will this notice remain in 

effect? 

This notice grants temporary relief 

until October 19, 2023 82 to eligible F– 

1 nonimmigrant students. DHS will 

continue to monitor the situation in 

Sudan. Should the special provisions 

authorized by this notice need 

modification or extension, DHS will 

announce such changes in the Federal 

Register. 

Paperwork Reduction Act (PRA) 

An F–1 nonimmigrant student seeking 

off-campus employment authorization 

due to severe economic hardship 

resulting from the current crisis in 

Sudan must demonstrate to the DSO 

that this employment is necessary to 

avoid severe economic hardship. A DSO 

who agrees that a nonimmigrant student 

should receive such employment 

authorization must recommend an 

application approval to USCIS by 

entering information in the remarks 

field of the student’s SEVIS record. The 

authority to collect this information is 

in the SEVIS collection of information 

currently approved by the Office of 

Management and Budget (OMB) under 

OMB Control Number 1653–0038. 

This notice also allows an eligible F– 

1 nonimmigrant student to request 

employment authorization, work an 

increased number of hours while the 

academic institution is in session, and 

reduce their course load while 

continuing to maintain F–1 

nonimmigrant student status. 

To apply for employment 

authorization, certain F–1 

nonimmigrant students must complete 

and submit a currently approved Form 

I–765 according to the instructions on 

the form. OMB has previously approved 

the collection of information contained 

on the current Form I–765, consistent 

with the PRA (OMB Control No. 1615– 

0040). Although there will be a slight 

increase in the number of Form I–765 

filings because of this notice, the 

number of filings currently contained in 

the OMB annual inventory for Form I– 

765 is sufficient to cover the additional 

filings. Accordingly, there is no further 

action required under the PRA. 

Alejandro Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–08362 Filed 4–18–22; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2710–21; DHS Docket No. USCIS– 

2014–0003] 

RIN 1615–ZB92 

Designation of Sudan for Temporary 

Protected Status 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Notice of Temporary Protected 

Status (TPS) designation. 

SUMMARY: Through this Notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) has 

designated Sudan for Temporary 

Protected Status (TPS) for eighteen 

months, from April 19, 2022, through 

October 19, 2023. This designation 

allows eligible Sudanese nationals (and 

individuals having no nationality who 

last habitually resided in Sudan) who 

have continuously resided in the United 

States since March 1, 2022, and who 

have been continuously physically 

present in the United States since April 

19, 2022 to apply for TPS. 

DATES: Designation of Sudan for TPS: 

The eighteen-month designation of 

Sudan for TPS is effective on April 19, 

2022 and will remain in effect for 

eighteen months, through October 19, 

2023. The registration period for eligible 

individuals to submit TPS applications 

begins April 19, 2022 and will remain 

in effect through October 19, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Rena ́ Cutlip-Mason, Chief, 

Humanitarian Affairs Division, Office of 

Policy and Strategy, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, by mail at 5900 

Capital Gateway Drive, Camp Springs, 

MD 20746, or by phone at 800–375– 

5283. 

ADDRESSES: For further information on 

TPS, including guidance on the 

registration process and additional 

information on eligibility, please visit 

the USCIS TPS web page at uscis.gov/ 

tps. You can find specific information 

about Sudan’s TPS designation by 

selecting ‘‘Sudan’’ from the menu on the 

left side of the TPS web page. 

If you have additional questions about 

TPS, please visit uscis.gov/tools. Our 

online virtual assistant, Emma, can 

answer many of your questions and 

point you to additional information on 

our website. If you are unable to find 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 23203 

1Since its first litigation compliance Federal 

Register notice, DHS has repeatedly emphasized 

and reserved its statutory authority to conduct reregistration of beneficiaries, including those under 

the Sudan TPS designation, whose TPS is presently 

continued under the preliminary injunctions issued 

in Ramos, et al. v. Nielsen, et. al., No. 18–cv–01554 

(N.D. Cal. Oct. 3, 2018) (‘‘Ramos’’), on appeal 975 

F.3d 872 (9th Cir. 2020), petition for en banc 

rehearing filed Nov. 30, 2020 (No. 18–16981); Saget, 

et. al., v. Trump, et. al., No. 18–cv–1599 (E.D.N.Y. 

Apr. 11, 2019) (‘‘Saget’’) appeal filed, No. 19–1685 

(2d Cir.); and Bhattarai v. Nielsen, No. 19–cv–00731 

(N.D. Cal. Mar. 12, 2019) (‘‘Bhattarai’’). See 85 FR 

at 79209–10; 84 FR 59403, 59406 (Nov. 4, 2019); 84 

FR 7103, 7105 (Mar. 1, 2019); 84 FR 45764, 45765– 

66 (Oct. 31, 2018). See also infra for discussion of 

these lawsuits. 

2 In general, individuals must be given an initial 

registration period of no less than 180 days to 

register for TPS, but the Secretary has discretion to 

provide for a longer registration period. See 8 U.S.C. 

1254a(c)(1)(A)(iv). In keeping with the 

humanitarian purpose of TPS and advancing the 

goal of ensuring ‘‘the Federal Government 

eliminates . . . barriers that prevent immigrants 

from accessing government services available to 

them’’ under Executive Order 14012, Restoring 

Faith in Our Legal Immigration Systems and 

Strengthening Integration and Inclusion Efforts for 

New Americans, 86 FR 8277 (Feb. 5, 2021), the 

Secretary has recently exercised his discretion to 

provide for TPS initial registration periods that 

coincide with the full period of a TPS country’s 

initial designation or redesignation. See, e.g., 86 FR 

41863 (Aug. 3, 2021) (providing 18-mos. registration 

period under new TPS designation of Haiti); 86 FR 

41986 (Aug. 4, 2021) (‘‘Extension of Initial 

Registration Periods for New Temporary Protected 

Status Applicants Under the Designations for 

Venezuela, Syria and Burma). For the same reasons, 

the Secretary is similarly exercising his discretion 

to provide applicants under this TPS designation of 

Sudan with an 18-month initial registration period. 

3The ‘‘continuous physical presence date’’ (CPP) 

is the effective date of the most recent TPS 

designation of the country, which is either the 

publication date of the designation announcement 

in the Federal Register or such later date as the 

Secretary may establish. The ‘‘continuous residence 

date’’ (CR) is any date established by the Secretary 

when a country is designated (or sometimes 

redesignated) for TPS. See INA § 244(b)(2)(A) 

(effective date of designation); 244(c)(1)(A)(i–ii) 

(discussing CR and CPP date requirements). 

4See Designation of Sudan Under Temporary 

Protected Status, 62 FR 59737 (Nov. 4, 1997). 

your answers there, you may also call 

our USCIS Contact Center at 800–375– 

5283 (TTY 800–767–1833). 

Applicants seeking information about 

the status of their individual cases may 

check Case Status Online, available on 

the USCIS website at uscis.gov, or visit 

the USCIS Contact Center at uscis.gov/ 

contactcenter. 

Further information will also be 

available at local USCIS offices upon 

publication of this Notice. 

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations 

BIA—Board of Immigration Appeals 

CFR—Code of Federal Regulations 

DHS—U.S. Department of Homeland 

Security 

DOS—U.S. Department of State 

EAD—Employment Authorization Document 

FNC—Final Nonconfirmation 

Form I–765—Application for Employment 

Authorization 

Form I–797—Notice of Action (Approval 

Notice) 

Form I–821—Application for Temporary 

Protected Status 

Form I–9—Employment Eligibility 

Verification 

Form I–912—Request for Fee Waiver 

Form I–94—Arrival/Departure Record 

FR—Federal Register 

Government—U.S. Government 

IER—U.S. Department of Justice, Civil Rights 

Division, Immigrant and Employee Rights 

Section 

IJ—Immigration Judge 

INA—Immigration and Nationality Act 

SAVE—USCIS Systematic Alien Verification 

for Entitlements Program 

Secretary—Secretary of Homeland Security 

TNC—Tentative Nonconfirmation 

TPS—Temporary Protected Status 

TTY—Text Telephone 

USCIS—U.S. Citizenship and Immigration 

Services 

U.S.C.—United States Code 

Purpose of this Action (TPS) 

Through this Notice, DHS sets forth 

procedures necessary for eligible 

beneficiaries whose TPS has been 

continued pursuant to court orders, as 

described in 86 FR 50725 (Sept. 10, 

2021), to newly apply for TPS.1 This 

Notice also sets forth procedures for 

other eligible nationals of Sudan (or 

individuals having no nationality who 

last habitually resided in Sudan) to 

submit an initial registration application 

under the designation of Sudan for TPS 

and apply for an EAD. Under the 

designation, individuals must submit an 

initial Form I–821, Application for 

Temporary Protected Status, and they 

may also submit a Form I–765, 

Application for Employment 

Authorization, during the registration 

period that runs from April 19, 2022, 

through October 19, 2023.2 Under 

section 244(b)(1)(C) of the Immigration 

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

1245a(b)(1)(C), the Secretary is 

authorized to designate a foreign state 

(or any part thereof) for TPS upon 

finding that extraordinary and 

temporary conditions in the foreign 

state prevent its nationals from 

returning safely, unless permitting the 

foreign state’s nationals to remain 

temporarily in the United States is 

contrary to the national interest of the 

United States. 

In addition to demonstrating 

continuous residence in the United 

States since March 1, 2022, and meeting 

other eligibility criteria, applicants for 

TPS under this designation must 

demonstrate that they have been 

continuously physically present in the 

United States since April 19, 2022, the 

effective date of this designation of 

Sudan, for USCIS to grant them TPS.3

DHS estimates that approximately 3,090 

individuals are eligible to file 

applications for TPS under the 

designation of Sudan. 

What Is TPS? 

• TPS is a temporary immigration 

status granted to eligible nationals of a 

foreign state designated for TPS under 

the INA, or to eligible individuals 

without nationality who last habitually 

resided in the designated foreign state, 

regardless of their country of birth. 

• During the TPS designation period, 

TPS beneficiaries are eligible to remain 

in the United States, may not be 

removed, and are authorized to obtain 

EADs so long as they continue to meet 

the requirements of TPS. 

• TPS beneficiaries may also apply 

for and be granted travel authorization 

as a matter of discretion. 

• The granting of TPS does not result 

in or lead to lawful permanent resident 

status. 

• To qualify for TPS, beneficiaries 

must meet the eligibility standards at 

INA section 244(c)(1)–(2), 8 U.S.C. 

1254a(c)(1)–(2). 

• When the Secretary terminates a 

foreign state’s TPS designation, 

beneficiaries return to one of the 

following: 

Æ The same immigration status or 

category that they maintained before 

TPS, if any (unless that status or 

category has since expired or 

terminated); or 

Æ Any other lawfully obtained 

immigration status or category they 

received while registered for TPS, as 

long as it is still valid beyond the date 

TPS terminates. 

Is Sudan’s previous designation for TPS 

still in effect? 

On November 4, 1997, the Attorney 

General designated Sudan for TPS due 

to: (1) An ongoing armed conflict, and 

that because of such conflict, requiring 

the return of nationals to Sudan would 

pose a serious threat to their personal 

safety; and (2) extraordinary and 

temporary conditions within Sudan 

preventing nationals from returning to 

Sudan in safety.4 Since the initial 

designation, the Attorney General and, 

later, the Secretary, have extended TPS 

and/or redesignated Sudan for TPS. 

Sudan’s most recent redesignation for 

TPS was in 2013, when the Secretary 

both extended Sudan’s designation and 

redesignated Sudan for TPS for eighteen 

months. Sudan’s TPS designation was 

extended in 2016 (for eighteen months 

through November 2, 2017), and again 


lotter on DSK11XQN23PROD with NOTICES1
23204 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 

5For general history of TPS designations, 

redesignations and extensions for Sudan, see 81 

FRN 4045 (Jan. 25, 2016). See also Termination of 

the Designation of Sudan for Temporary Protected 

Status, 82 FR 47228 (Oct. 11, 2017). 

6See Ramos, et al. v. Nielsen, et al., 336 

F.Supp.3d, 1075 (ND Cal. Oct. 3, 2018), vacated on 

appeal, Ramos v. Wolf, 975 F.3d 872(9th Cir. Sept. 

14, 2020); petition for en banc rehearing filed Nov. 

30, 2021(No. 18–16981). 

7See Bhattarai v. DHS, 19–cv–731 (N.D. Cal.). 

This case challenges the terminations of TPS for 

Honduras and Nepal. The current stay in the case 

is contingent on what happens in the appeal of 

Ramos, which is currently stayed, as well. 

8See 86 FR 50725 (Sept. 10, 2021). 

9Sudan Complex Crisis-Overview, Assessment 

Capacities Project (ACAPS), Aug. 3, 2021, available 

at: https://www.acaps.org/country/sudan/crisis/ 

complex-crisis (last visited Mar. 1, 2022). 

10Sudan Complex Crisis-Overview, ACAPS, Aug. 

3, 2021, available at: https://www.acaps.org/ 

country/sudan/crisis/complex-crisis (last visited 

Mar. 1, 2022). 

11The Forces for the Declaration of Freedom and 

Change, or FDFC, is the main coalition of 

opposition groups that has been stepping up calls 

for the military to hand leadership over to civilians 

in the government. It is comprised of various antial-Bashir political parties, professional movements 

and opposition groups. It has also called for 

restructuring the military and security agencies and 

ensure that al-Bashir loyalists are removed from 

these agencies, and to absorb the various opposition 

armed groups into Sudan’s security agencies. See 

Samy Magdy and Lee Keath, EXPLAINER: How 

months of tensions led to Sudan’s coup, AP News, 

Oct. 26, 2021, available at: https://apnews.com/ 

article/explaining-what-led-to-sudan-coup8e3609d1f573b6dd0383ed7a09f0d4aa (last visited 

Mar. 1, 2022). 

12Miriam Berger and Sammy Westfall, Sudan’s 

military has taken over, Here’s what to know about 

who’s charge, The Washington Post, last updated 

Oct. 26, 2021, available at: https://

www.washingtonpost.com/world/2021/10/25/ 

sudan-coup-military-takeover-why-who/ (last 

visited Mar. 1, 2022). 

13Sudanese forces shoot 14 in deadliest day since 

military coup, The Guardian, Nov. 17, 2021, 

available at: https://www.theguardian.com/world/ 

2021/nov/17/sudanese-forces-shoot-dead-at-least14-protesters-against-coup (last visited Mar. 1, 

2022). 

14Sudanese forces shoot 14 in deadliest day since 

military coup, The Guardian, Nov. 17, 2021, 

available at: https://www.theguardian.com/world/ 

2021/nov/17/sudanese-forces-shoot-dead-at-least14-protesters-against-coup (last visited Mar. 1, 

2022). 

15Michael Atit, Sudan Journalists Protest Media 

Crackdown Since Coup, Voice of America, Nov. 17, 

2021, available at: https://www.voanews.com/a/ 

sudan-journalists-protest-media-crackdown-sincecoup/6317029.html (last visited Mar. 1, 2022). See 

also U.S. Department of Treasury, Press Releases: 

Treasury Sanctions Sudanese Central Reserve 

Police for Serious Human Rights Abuse, March 21, 

2022, available at: https://home.treasury.gov/news/ 

press-releases/jy0668 (last visited Apr. 5, 2022). 

16Sudanese forces shoot 14 in deadliest day since 

military coup, The Guardian, Nov. 17, 2021, 

available at: https://www.theguardian.com/world/ 

2021/nov/17/sudanese-forces-shoot-dead-at-least14-protesters-against-coup (last visited Mar. 1, 

2022). 

17Sudan coup: Prime Minister Abdalla Hamdok 

resigns after mass protests, BBC.com, Jan. 3, 2022, 

available at: https://www.bbc.com/news/worldafrica-59855246 (last visited Mar. 1, 2022). 

18 Yassir Abdullah, Nima Elbagir, and Hamdi 

Alkhshali, Sudanese Prime Minister’s resignation 

triggered by military reneging on deal, sources say, 

in 2017 (for 12 months). On October 11, 

2017, former Acting Secretary of 

Homeland Security Elaine Duke 

provided notice in the Federal Register 

that she was terminating Sudan’s TPS 

designation, effective November 2, 

2018.5

The termination of Sudan’s TPS 

designation is being challenged in a 

lawsuit, Ramos v. Wolf, with the result 

that TPS for Sudan remains in effect 

pending further court order.6 On Sept. 

14, 2020, the U.S. Court of Appeals for 

the Ninth Circuit vacated the federal 

district court’s preliminary injunction 

prohibiting DHS from terminating TPS 

for El Salvador, Haiti, Nicaragua and 

Sudan. However, because the Ninth 

Circuit has not issued its directive to the 

district court to make that ruling 

effective, the injunction remains in 

place. Under the injunction, DHS must 

continue TPS and TPS-related 

documentation for eligible beneficiaries 

under the previous designations, 

including Sudan’s, while the litigation 

proceeds. In addition, the plaintiffs have 

sought en banc rehearing of the 

appellate panel’s decision. Proceedings 

are stayed while the case is in 

mediation. 

DHS has also published a series of 

Federal Register notices to maintain 

compliance with the existing injunction 

in Ramos and the related case of 

Bhattarai v. DHS.7 The latest such 

notice continues TPS and TPS-related 

documentation for eligible beneficiaries 

of the six affected countries through 

December 31, 2022.8

There are approximately 700 

beneficiaries currently receiving TPS 

benefits under Sudan’s previous 

designation. These beneficiaries 

maintain their status and work 

authorization at least through December 

31, 2022, so long as they remain 

otherwise eligible for TPS. If the Ramos 

preliminary injunction continues in 

effect beyond December 31, 2022, DHS 

will continue to issue notices that will 

continue the validity of TPS-related 

documentation for all affected 

beneficiaries. USCIS will take 

appropriate measures to ensure 

continued compliance with any relevant 

court injunctions or other orders 

affecting Sudan’s TPS that may continue 

or exist as of that date. 

Why was Sudan designated for TPS? 

DHS and the Department of State 

(DOS) have reviewed conditions in 

Sudan. Based on this review and after 

consulting with DOS, the Secretary has 

determined that an eighteen-month 

designation is warranted because of the 

extraordinary and temporary conditions 

described below. 

Overview 

Sudan is enduring a humanitarian 

crisis in which millions of individuals 

are exposed to violence, illness, and 

internal displacement. Political 

instability, civil unrest, and scarcity of 

resources are key contributors to the 

situation. In October 2021, the military 

removed the civilian-led transitional 

government, and declared a national 

state of emergency. Civil unrest and 

violent clashes rooted in tribal and 

inter-communal tensions occur across 

the country. An economic downturn 

and severe flooding have resulted in 

shortages of food and clean water and 

outbreaks of disease. 

Political Situation 

In April 2019, after a 30-year rule, 

Sudan’s former President Omar alBashir was removed from power 

following a popular uprising.9 In August 

2019, a civilian-led transitional 

government was established, made up of 

a Sovereign Council whose military, 

civilian, and armed group 

representatives served as a collective 

head of state, a civilian Prime Minister 

as head of government, and a Council of 

Ministers.10 Throughout 2021, Sudan 

continued to face rising political 

tensions and growing protests between 

different elements of the transition.11

On October 25, 2021, a military takeover 

led by Lieutenant General Abdel Fattah 

Al Burhan brought an end to the 

civilian-led transitional government.12

Since the October 2021 military 

takeover protests have continued 

throughout Sudan.13 Hundreds have 

reportedly been arrested, including 

activists, passersby, and journalists; 

while some of these individuals have 

subsequently been released, new arrests 

continue.14 Security forces have 

reportedly used excessive force and 

violence, including live ammunition 

and tear gas on protestors.15 In addition 

to the arrests, by November 17, 2021, a 

reported 38 protesters had been killed 

with hundreds more injured by security 

forces.16

Following the military takeover, in 

November 2021, military leadership 

reinstated Prime Minister Abdalla 

Hamdok in an attempt to quell the 

protests. However, ‘‘[p]rotests continued 

even after Mr. Hamdok had returned to 

office, with some demonstrators saying 

that his reinstatement was helping to 

legitimatise the military takeover.’’ 17

With violence against civilian protesters 

continuing, Prime Minister Hamdok 

resigned on January 2, 2022.18 The U.S. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 23205 

CNN, Jan. 4, 2022, available at: https://

www.cnn.com/2022/01/03/africa/sudan-pmresignation-details-intl/index.html (last visited Mar. 

1, 2022). 

19 2020 Country Reports on Human Rights 

Practices: Sudan, U.S. Department of State, Mar. 30, 

2021, pg. 2, available at: https://www.state.gov/ 

reports/2020-country-reports-on-human-rightspractices/sudan/ (last visited Mar. 1, 2022). 

20 2020 Country Reports on Human Rights 

Practices: Sudan, U.S. Department of State, Mar. 30, 

2021, pg. 1, available at: https://www.state.gov/ 

reports/2020-country-reports-on-human-rightspractices/sudan/ (last visited Mar. 1, 2022). 

21 Durable Solutions & Baseline Analysis for the 

UN Peacebuilding Fund and the Durable Solutions 

Working Group in Sudan; Key obstacles to durable 

solutions and peacebuilding for the displacementaffected communities in Nertiti locality, Central 

Darfur, UN Refugee Agency (UNHCR), Aug. 2021, 

pg. 14, available at: https://data2.unhcr.org/en/ 

documents/download/88361 (last visited Mar. 1, 

2022). 

22Sudan: Humanitarian Response Plan 2021, 

UNOCHA, Jan. 2021, pg. 12, available at: https://

www.ecoi.net/en/file/local/2045900/SDN_

2021HRP.pdf (last visited Mar. 1, 2022). 

23Review of the situation in Darfur—Report of the 

Secretary General, UN Security Council, Jul. 31, 

2021, pg. 4, available at: https://undocs.org/ 

pdf?symbol=en/S/2021/696 (last visited Mar. 1, 

2022). 

24Withdrawal of Hybrid Peacekeeping Operation 

in Darfur Completed by 30 June Deadline, UnderSecretary-General Tells Security Council, Outlining 

Plans to Liquidate Assets, UN News, Jul. 27, 2021, 

available at: https://www.un.org/press/en/2021/ 

sc14587.doc.htm (last visited Mar. 1, 2022). 

25Review of the situation in Darfur and 

benchmarks to assess the measures on Darfur; 

Report of the Secretary-General [S/2021/696], UN 

Security Council, Jul. 2021, pg. 4, available at: 

https://www.ecoi.net/en/file/local/2058498/S_

2021_696_E.pdf (last visited Mar. 1, 2022). 

26Review of the situation in Darfur and 

benchmarks to assess the measures on Darfur; 

Report of the Secretary-General [S/2021/696], UN 

Security Council, Jul. 2021, pg. 4 (footnote 9 and 

10), available at: https://www.ecoi.net/en/file/local/ 

2058498/S_2021_696_E.pdf (last visited Mar. 1, 

2022). 

27 Durable Solutions & Baseline Analysis for the 

UN Peacebuilding Fund and the Durable Solutions 

Working Group in Sudan; Key obstacles to durable 

solutions and peacebuilding for the displacementaffected communities in Jebel Moon Locality, West 

Darfur, UNHCR, Aug. 2021, pg. 15, available at: 

https://data2.unhcr.org/en/documents/download/ 

88361 (last visited Mar. 1, 2022). 

28Situation in the Sudan and the activities of the 

United Nations Integrated Transition Assistance 

Mission in the Sudan; Report of the SecretaryGeneral [S/2021/470], UN Security Council, May 

17, 2021, pg. 5–6, available at: https://

www.ecoi.net/en/file/local/2052225/S_2021_470_

E.pdf (last visited Mar. 1, 2022). 

29Sudan: Escalation of Violence in Darfur—Flash 

Update No. 2, UNOCHA, Jul. 27, 2020, pg. 1, 

available at: https://www.ecoi.net/en/file/local/ 

2035090/Situation+Report+-+Sudan+- 

+23+Jul+2020+%284%29.pdf (last visited Mar. 1, 

2022). 

30 Durable Solutions & Baseline Analysis for the 

UN Peacebuilding Fund and the Durable Solutions 

Working Group in Sudan; Key obstacles to durable 

solutions and peacebuilding for the displacementaffected communities in Nertiti locality, Central 

Darfur, UNHCR, Aug. 2021, pg. 14, available at: 

https://data2.unhcr.org/en/documents/download/ 

88361 (last visited Mar. 1, 2022). 

31 Durable Solutions & Baseline Analysis for the 

UN Peacebuilding Fund and the Durable Solutions 

Working Group in Sudan; Key obstacles to durable 

solutions and peacebuilding for the displacementaffected communities in Nertiti locality, Central 

Darfur, UNHCR, Aug. 2021, pg. 14, available at: 

https://data2.unhcr.org/en/documents/download/ 

88361 (last visited Mar. 1, 2022). 

32Situation in the Sudan and the activities of the 

United Nations Integrated Transition Assistance 

Mission in the Sudan, UN Security Council, Sept. 

1, 2021, pg. 4, available at: https://www.ecoi.net/en/ 

file/local/2059931/S_2021_766_E.pdf (last visited 

Mar. 1, 2022). 

33Situation in the Sudan and the activities of the 

United Nations Integrated Transition Assistance 

Mission in the Sudan, UN Security Council, Sept. 

1, 2021, pg. 4, available at: https://www.ecoi.net/en/ 

file/local/2059931/S_2021_766_E.pdf (last visited 

Mar. 1, 2022). 

34 30 people killed in intercommunal violence in 

South Darfur, Reliefweb, May 6, 2020, available at: 

https://reliefweb.int/report/sudan/30-people-killedintercommunal-violence-south-darfur (last visited 

Mar. 1, 2022). 

35Samy Magdy, Tribal clashes leave dozens dead 

in 2 Sudanese provinces, Associated Press, Jan. 18, 

2021, reported by abcNEWS, available at: https://

abcnews.go.com/International/wireStory/sudanesebury-victims-darfur-violence-death-toll-129- 

75322312 (last visited Mar. 1, 2022). 

36Situation in the Sudan and the activities of the 

United Nations Integrated Transition Assistance 

Mission in the Sudan, UN Security Council, Sept. 

1, 2021, pg. 4, available at: https://www.ecoi.net/en/ 

file/local/2059931/S_2021_766_E.pdf (last visited 

Mar. 1, 2022). 

37 Durable Solutions & Baseline Analysis for the 

UN Peacebuilding Fund and the Durable Solutions 

Working Group in Sudan; Key obstacles to durable 

solutions and peacebuilding for the displacementaffected communities in Assalaya, Yassin and 

Continued 

government sanctioned the Central 

Reserve Police, a militarized police unit, 

for serious human rights abuse under 

E.O. 13818 on March 21, 2022. 

Armed Conflict and Civil Unrest 

In 2020, the civilian-led transitional 

government signed a peace agreement— 

the Juba Peace Agreement 19—with 

various opposition groups, including 

groups from Darfur and the ‘‘Two 

Areas’’ (South Kordofan and Blue Nile) 

regions of Sudan.20 However, one 

Darfuri opposition group which did not 

sign this peace agreement; the Sudan 

Liberation Army/Movement, led by 

Abdul Wahid (SLA/AW), continues to 

be engaged in clashes with government 

forces, including with the Sudanese 

Armed Forces (SAF).21

In January 2021, United Nations 

Office of the Coordination of 

Humanitarian Affairs (UNOCHA) 

reported that instability, including 

intercommunal tensions, remained in 

several parts of the country.22 In July 

2021, the Secretary General for the 

United Nations (UN) asserted that the 

primary security concern in Sudan 

remains ‘‘the increasing frequency of 

intercommunal violence.’’ 23

Additionally, the withdrawal of the 

African Union-United Nations Hybrid 

Operation in Darfur (UNAMID) in June 

2021 24 has ‘‘left a security and 

programmatic vacuum, which has yet to 

be filled by the transitional government 

or state-level authorities.’’ 25

i. Civil Unrest in Darfur 

In July 2021, the UN reported that 

intercommunal violence has increased 

in frequency and scale over the past 

year, in particular in West, North and 

South Darfur.26 Since 2019, West Darfur 

has seen an escalation of intercommunal 

violence between two key ethnic groups 

in their region — the ‘‘Arab armed 

groups and [the] Masalit [Darfuri ethnic 

group].’’ 27 An escalation of violence in 

April 2021 reportedly resulted in 144 

people killed and 232 injured. Heavy 

weapons were reportedly used, and 

homes, a hospital, a UN compound, and 

a camp for internally displaced persons 

were destroyed or damaged. Also, ‘‘a 

power plant—the only source of 

electricity in El Geneina—was damaged, 

resulting in a critical disruption to most 

of the town’s communication facilities, 

in addition to electricity and water 

supplies in some areas.’’ 28 A few 

months later, in July 2021, UNOCHA 

reported that ‘‘around 500 armed men 

attacked [a town] leaving more than 60 

people dead, . . . and another 60 

injured.’’ 29

Central Darfur is also considered a 

hotspot for violent clashes due to the 

strong presence of the SLA/AW in this 

area, and throughout the Jebel Marra 

mountains.30 Widespread insecurity 

and regular clashes between SLA/AW 

forces and the SAF has resulted in 

counter retaliation attacks and reported 

attacks on civilians for collaborating 

with either of the forces.31 In September 

2021, the UN reported on continued 

fighting between SLA/AW and 

government forces in Central Darfur,32

including on May 18, when a clash 

reportedly resulted in the displacement 

of 1,284 people.33

In South Darfur, fighting in May 2020 

over land grazing rights between an 

indigenous group, the Fellata/Fallata, 

and the Rizeigat reportedly resulted in 

the death of 30 civilians.34 In January 

2021, deadly clashes between these 

groups resumed, reportedly leaving 60 

dead and 40 wounded.35 In July 2021, 

intercommunal violence persisted 

between the Fallata and Ta’isha tribes, 

reportedly leaving 48 dead and 

displacing 185 people.36

Similar intercommunal tensions in 

East Darfur are rooted in a long history 

of tensions, ‘‘conflict between the 

Rizeigat (pastoralists) and Ma’aliya 

(sedentary farmers) and Rizeigat 

(pastoralists) against Misseriya 

(pastoralists).’’ 37 These legacy disputes 


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23206 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 

Sheiria localities, East Darfur, UNHCR, Aug. 2021 

pg. 15, available at: https://data2.unhcr.org/en/ 

documents/download/88361 (last visited Mar. 1, 

2022). 

38 Durable Solutions & Baseline Analysis for the 

UN Peacebuilding Fund and the Durable Solutions 

Working Group in Sudan; Key obstacles to durable 

solutions and peacebuilding for the displacementaffected communities in Assalaya, Yassin and 

Sheiria localities, East Darfur, UNHCR, Aug. 2021 

pg. 15, available at: https://data2.unhcr.org/en/ 

documents/download/88361 (last visited Mar. 1, 

2022). 

39Sudan: Country Report; The situation in South 

Kordofan and Blue Nile—An Update (3rd edition 

with addendum), Asylum Research Centre, Mar. 

2021, pg. 20, available at: https://www.ecoi.net/en/ 

file/local/2045013/Final_01.03.2021.pdf (last 

visited Mar. 1, 2022). 

40A Question of Leadership: Addressing a 

Dangerous Crisis in Sudan SPLM–N, Enough, Jul. 

2017, pg. 2, available at: https://enoughproject.org/ 

reports/a-question-of-leadership (last visited Mar. 1, 

2022). 

41 2020 Country Reports on Human Rights 

Practices: Sudan, U.S. Department of State, Mar. 30, 

2021, pg. 9, available at: https://www.state.gov/ 

reports/2020-country-reports-on-human-rightspractices/sudan/ (last visited Mar. 1, 2022). 

42Sudan: Country Report; The situation in South 

Kordofan and Blue Nile—An Update (3rd edition 

with addendum), Asylum Research Centre, Mar. 

2021, pg. 22, available at: https://www.ecoi.net/en/ 

file/local/2045013/Final_01.03.2021.pdf (last 

visited Mar. 1, 2022). 

43Situation of human rights in the Sudan Report 

of the Independent Expert on the situation of 

human rights in the Sudan, UN Human Rights 

Council, Jul. 30, 2020, pg. 13, available at: https:// 

reliefweb.int/report/sudan/report-independentexpert-situation-human-rights-sudan-ahrc4553-enar 

(last visited Mar. 1, 2022); Sudan: Country Report; 

The situation in South Kordofan and Blue Nile— 

An Update (3rd edition with addendum), Asylum 

Research Centre, Mar. 2021, pg. 22–23, available at: 

https://www.ecoi.net/en/file/local/2045013/Final_

01.03.2021.pdf (last visited Mar. 1, 2022). 

44 2019 Country Reports on Human Rights 

Practices: Sudan, U.S. Department of State, Mar. 30, 

2020, pg. 9, available at: https://www.state.gov/ 

reports/2019-country-reports-on-human-rightspractices/sudan/ (last visited Mar. 1, 2022). 

45Situation in the Sudan and the activities of the 

United Nations Integrated Transition Assistance 

Mission in the Sudan, UN Security Council, Sept. 

1, 2021, pg. 5, available at: https://www.ecoi.net/en/ 

file/local/2059931/S_2021_766_E.pdf (last visited 

Mar. 1, 2022). 

46The situation in Abyei; Report of the SecretaryGeneral [S/2020/1019], UN Security Council, Oct. 

15, 2020, available at: https://www.ecoi.net/en/file/ 

local/2039488/S_2020_1019_E.pdf (last visited Mar. 

1, 2022). 

47The situation in Abyei; Report of the SecretaryGeneral [S/2021/383], UN Security Council, Apr. 

20, 2021, pg. 2, available at: https://reliefweb.int/

report/sudan/situation-abyei-report-secretarygeneral-s2021383-enar (last visited Mar. 1, 2022). 

48The situation in Abyei; Report of the SecretaryGeneral [S/2021/383], UN Security Council, Apr. 

20, 2021, pg. 2, available at: https://reliefweb.int/

report/sudan/situation-abyei-report-secretarygeneral-s2021383-enar (last visited Mar. 1, 2022). 

49Abyei Clashes Flash Update No. 2—As of 09 

March 2022, OCHA, Mar. 9, 2022, available at: 

https://reliefweb.int/report/south-sudan/abyeiclashes-flash-update-no-2-09-march-2022 (last 

visited Apr. 4, 2022). 

50Sudan Humanitarian impact of multiple 

protracted crises, ACAPS, Nov. 24, 2021, pg. 2, 

available at: https://www.acaps.org/sites/acaps/files

/products/files/20201124_acaps_briefing_note_

sudan_impact_of_multiple_crises.pdf (last visited 

Mar. 1, 2022). 

51Sudan Economic Crisis, ACAPS, Feb. 2019, pg. 

1, available at: https://www.acaps.org/sites/acaps/ 

files/products/files/20190213_acaps_briefing_note_

sudan_economic_crisis.pdf (last visited Mar. 1, 

2022). 

52Child Protection Annual Report 2020, UN 

Children’s Fund (UNICEF), Mar. 2021, pg. 6, 

available at: https://www.unicef.org/sudan/media/

6091/file/Child%20Protection%20.pdf (last visited 

Mar. 1, 2022). 

53Child Protection Annual Report 2020, UNICEF, 

Mar. 2021, pg. 6, available at: https://

www.unicef.org/sudan/media/6091/file/Child%20

Protection%20.pdf (last visited Mar. 1, 2022). 

54Child Protection Annual Report 2020, UNICEF, 

Mar. 2021, pg. 6, available at: https://

www.unicef.org/sudan/media/6091/file/Child%20

Protection%20.pdf (last visited Mar. 1, 2022). 

55Child Protection Annual Report 2020, UNICEF, 

Mar. 2021, pg. 6, available at: https://

www.unicef.org/sudan/media/6091/file/Child%20

Protection%20.pdf (last visited Mar. 1, 2022). 

56Sudan: Humanitarian Response Plan 2021, 

UNOCHA, Feb. 21, 2021, pg. 12, available at: 

https://reliefweb.int/report/sudan/sudanhumanitarian-response-plan-2021-january-2021- 

enar (last visited Mar. 1, 2022). 

57The situation in Abyei; Report of the SecretaryGeneral [S/2021/383], UN Security Council, Apr. 

20, 2021, pg. 5, available at: https://www.ecoi.net/ 

en/document/2050368.html (last visited Mar. 1, 

2022). 

58Sudan: Floods—Operation Update—Emergency 

Appeal, International Federation of Red Cross and 

Red Crescent Societies, Mar. 25, 2021, available at: 

https://reliefweb.int/report/sudan/sudan-floodsoperation-update-emergency-appeal-n-mdrsd028- 

24-march-2021 (last visited Mar. 1, 2022). 

59Sudan: Floods—Operation Update—Emergency 

Appeal, International Federation of Red Cross and 

Red Crescent Societies, Mar. 25, 2021, available at: 

https://reliefweb.int/report/sudan/sudan-floodsoperation-update-emergency-appeal-n-mdrsd028- 

24-march-2021 (last visited Mar. 1, 2022). 

60Sudan: Floods—Operation Update—Emergency 

Appeal, International Federation of Red Cross and 

Red Crescent Societies, Mar. 25, 2021, available at: 

https://reliefweb.int/report/sudan/sudan-floodsoperation-update-emergency-appeal-n-mdrsd028- 

24-march-2021 (last visited Mar. 1, 2022). 

are ‘‘driven by control of land, tribal 

leadership and wider political power 

plus access to pasture and water.’’ 38

ii. Civil Unrest in Other Regions 

The security situation in the Two 

Areas remains tense.39 In 2017, the main 

opposition group in this region—the 

Sudan People’s Liberation Movement/ 

Army-North (SPLM/A–N)—splintered 

into two factions, resulting in several 

months of violence between the two 

groups.40 Both groups were reportedly 

also involved in area fighting between 

Arab nomads and Nuban farmers in 

which a dozen or more people were 

killed.41 Similar ‘‘deadly clashes’’ 42 in 

the region included security forces who 

joined and aligned with civilian fighting 

along ethnic lines.43

In January 2019, Sudan’s Eastern State 

(the ‘‘Red Sea State’’), also saw renewed 

inter-communal violence between the 

main Arab and non-Arab ethnic groups 

in the region.44 In September 2021, the 

UN assessed that the ‘‘security situation 

in the eastern Red Sea State remained 

volatile.’’ 45

In the Abyei region disputed between 

Sudan and South Sudan, the U.N. 

reported that the security situation 

remained tense with renewed 

intercommunal violence between the 

two main ethnic groups in the region— 

the Misseriya and Ngok Dinka 

communities.46 In April 2021, the U.N. 

reported that the ‘‘general security 

situation in the Abyei Area has been 

relatively calm, yet tense and 

unpredictable.’’ 47 The ‘‘most prevalent 

threats to security were shooting 

incidents, the increased presence of 

unidentified armed groups, armed 

attacks on civilians and violent 

confrontations between the 

communities.’’ 48 As of March 2022, 

more than 50,000 people have been 

displaced due to hostilities in Abyei.49

Humanitarian Crisis 

Sudan also continues ‘‘to suffer from 

one of the world’s largest protracted 

humanitarian crises’’ due to conflict and 

displacement, deteriorating economic 

conditions, limited access to basic 

services, and several disease outbreaks, 

including the COVID–19 pandemic.50

Since 2018, Sudan has also faced severe 

economic challenges.51 National 

poverty levels have risen drastically,52

and incomes, wages, and purchasing 

power have fallen, ‘‘driving 9.6 million 

people—almost a quarter of the entire 

population of Sudan—to severe food 

insecurity.’’ 53 This economic crisis has 

reportedly ‘‘degraded the already weak, 

underdeveloped and heavily 

underfunded primary healthcare 

system,’’ including by the end of 2020, 

reducing the number of healthcare 

facilities by 40 percent across the 

country.54 The COVID–19 pandemic has 

further ‘‘compounded the already dire 

public health situation.’’ 55

During the rainy season in 2020, 

flooding affected ‘‘close to 900,000 

people across the country and farmland, 

livestock, shelter and other 

infrastructure.’’ 56 Other areas suffered 

droughts. 57 Many of the flood areas 

have very limited access to clean 

water.58 Water supply sources have 

been affected by overflow of the Blue 

Nile River destroying nearby latrines, 

resulting in increased risk of water 

contamination and the outbreak of 

waterborne diseases.59 The health 

situation in Sudan has continued to 

deteriorate due to flooding causing 

‘‘stagnant and contaminated water.’’ 60

Sudan’s worsening economy and 

protracted health emergencies have 

resulted in an increase in the number of 


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Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 23207 

61Sudan Situation Report, 31 May 2021, 

UNOCHA, May 31, 2021, pg. 46, available at: 

https://www.ecoi.net/en/file/local/2055652/

Situation+Report+-+Sudan+-+12+May+2021.pdf 

(last visited Mar. 1, 2022). 

62Sudan: Humanitarian Response Plan, 

UNOCHA, Feb. 21, 2021, available at: https://

reliefweb.int/report/sudan/sudan-humanitarianresponse-plan-2021-january-2021-enar (last visited 

Mar. 1, 2022). 

63Sudan Health Annual Report 2020, UNICEF, 

pg. 5, available at: https://www.unicef.org/sudan/ 

media/6141/file/Health.pdf (last visited Mar. 1, 

2022). 

64Sudan: Humanitarian Response Plan, 

UNOCHA, Feb. 21, 2021, pg. 46, available at: 

https://reliefweb.int/report/sudan/sudanhumanitarian-response-plan-2021-january-2021- 

enar (last visited Mar. 1, 2022). 

65Sudan: Humanitarian Response Plan, 

UNOCHA, Feb. 21, 2021, pg. 60, available at: 

https://reliefweb.int/report/sudan/sudanhumanitarian-response-plan-2021-january-2021- 

enar (last visited Mar. 1, 2022). 

66Children killed, injured, detained and abused 

amid escalating violence and unrest in Sudan, 

UNICEF, Jun. 11, 2019, available at: https://

www.unicef.org/press-releases/children-killedinjured-detained-and-abused-amid-escalatingviolence-and-unrest (last visited Mar. 1, 2022). 

67Child Protection Annual Report 2020, UNICEF, 

Mar. 2021, pg. 7, available at: https://

www.unicefusa.org/about/publications/annualreport-2020?gclid=EAIaIQobChMI9p2M

0uD39AIVMv7jBx3c2gHbEAAYASAAEgKHN_D_

BwE (last visited Mar. 1, 2022). 

68Sudan: Humanitarian Response Plan, 

UNOCHA, Feb. 21, 2021, pg. 10, available at: 

https://reliefweb.int/report/sudan/sudanhumanitarian-response-plan-2021-january-2021- 

enar (last visited Mar. 1, 2022). 

69Sudan Key Figures, UNOCHA, available at: 

https://m.reliefweb.int/country/220/sdn (last visited 

on Nov. 23, 2021). 

70Sudan Situation Report, UNOCHA, Sep. 27, 

2021, available at: https://reliefweb.int/report/ 

sudan/sudan-situation-report-29-sep-2021 (last 

visited Mar. 1, 2022). 

71Humanitarian Access Overview, ACAPS, Jul. 

2021, pg. 12, available at: https://www.acaps.org/ 

sites/acaps/files/products/files/20210719_acaps_

humanitarian_access_overview_july_2021.pdf (last 

visited Mar. 1, 2022). 

72Humanitarian Access Overview, ACAPS, Jul. 

2021, pg. 12, available at: https://www.acaps.org/ 

sites/acaps/files/products/files/20210719_acaps_

humanitarian_access_overview_july_2021.pdf (last 

visited Mar. 1, 2022). 

73Humanitarian Access Overview, ACAPS, Jul. 

2021, pg. 12, available at: https://www.acaps.org/ 

sites/acaps/files/products/files/20210719_acaps_

humanitarian_access_overview_july_2021.pdf (last 

visited Mar. 1, 2022). 

74Review of the situation in Darfur and 

benchmarks to assess the measures on Darfur; 

Report of the Secretary-General [S/2021/696], UN 

Security Council, Jul. 2021, pg. 4, available at: 

https://www.ecoi.net/en/file/local/2058498/S_

2021_696_E.pdf (last visited Mar. 1, 2022). 

75 INA § 244(b)(1) ascribes this power to the 

Attorney General. Congress transferred this 

authority from the Attorney General to the Secretary 

of Homeland Security. See Homeland Security Act 

of 2002, Public Law 107–296, 116 Stat. 2135. 

76 INA § 244(b)(1) ascribes this power to the 

Attorney General. Congress transferred this 

authority from the Attorney General to the Secretary 

of Homeland Security. See Homeland Security Act 

of 2002, Public Law 107–296, 116 Stat. 2135. The 

Secretary may designate a country (or part of a 

country) for TPS on the basis of ongoing armed 

conflict such that returning would pose a serious 

threat to the personal safety of the country’s 

nationals and habitual residents, environmental 

disaster (including an epidemic), or extraordinary 

and temporary conditions in the country that 

prevent the safe return of the country’s nationals. 

For environmental disaster-based designations, 

certain other statutory requirements must be met, 

including that the foreign government must request 

TPS. A designation based on extraordinary and 

temporary conditions cannot be made if the 

Secretary finds that allowing the country’s nationals 

to remain temporarily in the United States is 

contrary to the U.S. national interest. Id., at 

§ 244(b)(1). 

77This availability of judicial review is under 

consideration by the courts in the TPS litigation 

referenced supra. 

people without access to basic health 

services.61 Sudan has experienced 

disease outbreaks including cholera, 

malaria, dengue, chikungunya, viral 

hemorrhagic fevers and polio.62 In 2020 

alone, thirteen out of Sudan’s eighteen 

states experienced one or more 

outbreaks of chikungunya, dengue fever, 

rift valley fever or diphtheria.63 The 

COVID–19 pandemic has ‘‘further 

strained the capacity of the health care 

system due to nationwide lockdowns, 

re-allocation of health resources, and 

disruption of global supply chains that 

impacted availability of medicines and 

medical supplies.’’ 64

According to UNOCHA, in Sudan, 

‘‘[w]omen and girls suffer the most due 

to insecurity, violations of basic human 

rights, low economic status, lack of 

livelihood opportunities, and lack of 

community awareness on women’s 

rights.’’ 65 The United Nations 

Children’s Fund (UNICEF) has also 

noted that ‘‘[c]hildren throughout Sudan 

are already bearing the brunt of decades 

of conflict, chronic underdevelopment 

and poor governance,66 with 64 percent 

of children below 14 years of age 

experiencing various forms of 

violence.’’ 67

According to UNOCHA, ‘‘Sudan has 

seen an increase in the number of 

people in need of humanitarian 

assistance from 5.8 million people in 

2016 to 13.4 million in 2021.’’ 68 It is 

estimated that among the 13.4 million 

people in need,69 9.8 million are 

severely food insecure.70 Yet, access to 

humanitarian assistance is uncertain. In 

2021, the Assessments Capacities 

Project (ACAPS) reported that armed 

opposition groups in some areas created 

‘‘barriers to the delivery of humanitarian 

aid.’’ 71 Intercommunal clashes in other 

areas have also affected humanitarian 

operations.72 The UNAMID drawdown 

and closure has also resulted in 

increased looting and impacted 

‘‘people’s ability to move and reach 

needed aid.’’ 73 In July 2021, the UN 

reported that ‘‘since January 2021, 11 of 

the 14 UNAMID team sites, which have 

been handed over to civilian authorities, 

have been looted.’’ 74

What authority does the Secretary have 

to designate Sudan for TPS? 

Section 244(b)(1) of the INA, 8 U.S.C. 

1254a(b)(1), authorizes the Secretary,75

after consultation with appropriate 

agencies of the U.S. Government, to 

designate a foreign state (or part thereof) 

for TPS if the Secretary determines that 

certain country conditions exist.76 The 

decision to designate any foreign state 

(or part thereof) is a discretionary 

decision, and there is no judicial review 

of any determination with respect to the 

designation, or termination of or 

extension of a designation. See INA 

section 244(b)(5)(A); 8 U.S.C. 

1254a(b)(5)(A).77 The Secretary, in his 

or her discretion, may then grant TPS to 

eligible nationals of that foreign state (or 

individuals having no nationality who 

last habitually resided in the designated 

foreign state). See INA section 

244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A). 

At least 60 days before the expiration 

of a foreign state’s TPS designation or 

extension, the Secretary, after 

consultation with appropriate U.S. 

Government agencies, must review the 

conditions in the foreign state 

designated for TPS to determine 

whether they continue to meet the 

conditions for the TPS designation. See 

INA section 244(b)(3)(A), 8 U.S.C. 

1254a(b)(3)(A). If the Secretary 

determines that the foreign state meets 

the conditions for TPS designation, the 

designation will be extended for an 

additional period of 6 months or, in the 

Secretary’s discretion, twelve or 

eighteen months. See INA section 

244(b)(3)(A), (C), 8 U.S.C. 

1254a(b)(3)(A), (C). If the Secretary 

determines that the foreign state no 

longer meets the conditions for TPS 

designation, the Secretary must 

terminate the designation. See INA 

section 244(b)(3)(B), 8 U.S.C. 

1254a(b)(3)(B). 

Notice of the Designation of Sudan for 

TPS 

By the authority vested in me as 

Secretary under INA section 244, 8 

U.S.C. 1254a, I have determined, after 

consultation with the appropriate U.S. 

Government agencies, the statutory 

conditions supporting Sudan’s 

designation for TPS on the basis of 

extraordinary and temporary conditions 

in Sudan that prevent the safe return of 

its nationals are met. See INA section 

244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). I 

estimate approximately 3,090 

individuals may be eligible for TPS 

under the designation of Sudan. On the 


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78Find information about online filing at Forms 

Available to File Online, https://www.uscis.gov/fileonline/forms-available-to-file-online. 

79https://myaccount.uscis.gov/users/sign_up. 

basis of this determination, I am 

designating Sudan for TPS for eighteen 

months, from April 19, 2022 through 

October 19, 2023. See INA section 

244(b)(1)(C) and (b)(2); 8 U.S.C. 

1254a(b)(1)(C), and (b)(2). 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

Eligibility and Employment 

Authorization for TPS 

Required Application Forms and 

Application Fees To Register for TPS 

ALL APPLICANTS, including 

individuals whose TPS under the 

previous designation of Sudan has been 

continued under a preliminary 

injunction issued by the Ramos court 

and 86 FR 50725 (Sept. 10, 2021), 

should follow these instructions: You 

must submit a Form I–821, Application 

for Temporary Protected Status as a new 

applicant by selecting ‘‘1.a This is my 

initial (first time) application for 

Temporary Protected Status (TPS). I do 

not currently have TPS,’’ along with the 

required $50 fee for Form I–821 or 

request for fee waiver. If your TPS is 

currently continuing under the court 

orders in Ramos, checking this 1.a. box 

as an initial applicant under this new 

designation of Sudan does not affect the 

continuation of your TPS while those 

orders remain. However, if those orders 

are no longer in effect, applying for TPS 

under this Federal Register Notice will 

help ensure that you have TPS until the 

end of this eighteen-month designation 

on October 19, 2023, as long as you 

remain eligible. USCIS understands that 

you do currently have TPS if you are 

covered by the court orders and 

checking Box 1.a. will not be deemed a 

misrepresentation on your part. 

You may request a fee waiver by 

submitting a Form I–912, Request for a 

Fee Waiver. You must also pay the 

biometric services fee if you are age 14 

or older, unless USCIS grants a fee 

waiver. Please see additional 

information under the ‘‘Biometric 

Services Fee’’ section of this Notice. 

You are not required to submit Form I– 

765 or have an EAD but see below for 

more information if you want to work in 

the United States. 

How TPS Beneficiaries Can Obtain an 

Employment Authorization Document 

(EAD) 

Everyone must provide their 

employer with documentation showing 

that they have the legal right to work in 

the United States. TPS beneficiaries are 

authorized to work incident to their TPS 

and they may apply for and obtain an 

EAD, which proves their legal right to 

work. TPS applicants who want to 

obtain an EAD valid through October 

19, 2023, must file a Form I–765, 

Application for Employment 

Authorization and pay the Form I–765 

fee (or request a fee waiver). TPS 

applicants may file this form along with 

their TPS application, or at a later date, 

provided their TPS application is still 

pending or has been approved. 

For more information on the 

application forms and fees for TPS, 

please visit the USCIS TPS web page at 

uscis.gov/tps. Fees for the Form I–821, 

the Form I–765, and biometric services 

are also described in 8 CFR 

103.7(b)(1)(i). 

Refiling an Initial TPS Registration 

Application After Receiving a Denial of 

a Fee Waiver Request 

If you receive a denial of a fee waiver 

request, you must refile your Form I– 

821 for TPS along with the required fees 

during the registration period, which 

extends until October 19, 2023, in order 

to continue seeking initial TPS or to 

newly register to avoid losing protection 

in the event that the court injunctions 

are lifted. You may also file Form I–765 

with payment of the fee along with your 

TPS application or at any later date you 

decide you want to request an EAD 

during the registration period. 

Filing Information 

USCIS offers the option to applicants 

for TPS under Sudan’s designation to 

file Form I–821 and related requests for 

EADs online or by mail. When filing a 

TPS application, applicants can also 

request an EAD by submitting a 

completed Form I–765 with their Form 

I–821. 

Online filing: Forms I–821 and I–765 

are available for filing online.78 To file 

these forms online, you must first create 

a USCIS online account.79

Mail filing: Mail your application for 

TPS to the proper address in Table 1. 

Table 1—Mailing Addresses 

Mail your completed Form I–821, 

Application for Temporary Protected 

Status, and Form I–765, Application for 

Employment Authorization, Form I– 

912, Request for Fee Waiver (if 

applicable), and supporting 

documentation to the proper address in 

Table 1. 

TABLE 1—MAILING ADDRESSES

If you . . . Mail to . . . 

Are a beneficiary under the TPS designation for Sudan ......................... U.S. Postal Service (USPS), USCIS, Attn: TPS Sudan, P.O. Box 6943. 

Chicago, IL 60680–6943. 

FedEx, UPS, or DHL: USCIS, Attn: TPS Sudan (Box 6943), 131 S 

Dearborn St. 3rd Floor, Chicago, IL 60603–5517. 

If you were granted TPS by an 

immigration judge (IJ) or the Board of 

Immigration Appeals (BIA) and you 

wish to request an EAD, please mail 

your Form I–765 application to the 

appropriate mailing address in Table 1. 

When you are requesting an EAD based 

on an IJ/BIA grant of TPS, please 

include a copy of the IJ or BIA order 

granting you TPS with your application. 

This will help us verify your grant of 

TPS and process your application. 

Supporting Documents 

The filing instructions on the Form I– 

821 list all the documents needed to 

establish eligibility for TPS. You may 

also find information on the acceptable 

documentation and other requirements 

for applying (that is, registering) for TPS 

on the USCIS website at uscis.gov/tps 

under ‘‘Sudan.’’ 

Travel 

TPS beneficiaries may also apply for 

and be granted travel authorization as a 

matter of discretion. You must file for 

travel authorization if you wish to travel 

outside the United States. If granted, 

travel authorization gives you 

permission to leave the United States 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 23209 

80See Continuation of Documentation for 

Beneficiaries of Temporary Protected Status 

Designations for El Salvador, Haiti, Nicaragua, 

Sudan, Honduras, and Nepal, 86 FR 50725 (Sep. 10, 

2021). 

and return during a specific period. To 

request travel authorization, you must 

file Form I–131, Application for Travel 

Document, available at www.uscis.gov/i131. You may file Form I–131 together 

with your Form I–821 or separately. 

When filing the Form I–131, you must: 

• Select Item Number 1.d. in Part 2 

on the Form I–131; and 

• Submit the fee for the Form I–131, 

or request a fee waiver, which you may 

submit on Form I–912, Request for Fee 

Waiver. 

If you are filing Form I–131 together 

with Form I–821, send your forms to the 

address listed in Table 1. If you are 

filing Form I–131 separately based on a 

pending or approved Form I–821, send 

your form to the address listed in Table 

2 and include a copy of Form I–797 for 

the approved or pending Form I–821. 

TABLE 2—MAILING ADDRESSES

If you . . . Mail to . . . 

Are filing Form I–131 together with a Form I–821, Application for Temporary Protected Status.The address provided in Table 1. 

Are filing Form I–131 based on a pending or approved Form I–821, 

you must include a copy of the receipt notice (Form I–797C) showing 

we accepted or approved your Form I–821.

USCIS Dallas Lockbox 

U.S. Postal Service (USPS): U.S. Citizenship and Immigration Services, Attn: I–131 TPS, P.O. Box 660167, Dallas, TX 75266–0867. 

FedEx, UPS, or DHL: U.S. Citizenship and Immigration Services, Attn: 

I–131 TPS, 2501 S State Hwy. 121 Business, Ste. 400, Lewisville, 

TX 75067. 

Biometric Services Fee for TPS 

Biometrics (such as fingerprints) are 

required for all applicants 14 years of 

age and older. Those applicants must 

submit a biometric services fee. As 

previously stated, if you demonstrate an 

inability to pay the biometric services 

fee, you may be able to have the fee 

waived. A fee waiver may be requested 

by submitting a Form I–912, Request for 

Fee Waiver. For more information on 

the application forms and fees for TPS, 

please visit the USCIS TPS web page at 

uscis.gov/tps. If necessary, you may be 

required to visit an Application Support 

Center to have your biometrics 

captured. For additional information on 

the USCIS biometric screening process, 

please see the USCIS Customer Profile 

Management Service Privacy Impact 

Assessment, available at dhs.gov/ 

privacy. 

General Employment-Related 

Information for TPS Applicants and 

Their Employers 

How can I obtain information on the 

status of my TPS application and EAD 

request? 

To get case status information about 

your TPS application, as well as the 

status of your TPS-based EAD request, 

you can check Case Status Online at 

uscis.gov, or visit the USCIS Contact 

Center at uscis.gov/contactcenter. If 

your Form I–765 has been pending for 

more than 90 days, and you still need 

assistance, you may ask a question 

about your case online at egov.uscis.gov/ 

e-request/Intro.do or call the USCIS 

Contact Center at 800–375–5283 (TTY 

800–767–1833). 

When hired, what documentation may 

I show to my employer as evidence of 

identity and employment authorization 

when completing Form I–9? 

You can find the Lists of Acceptable 

Documents on the last page of Form I– 

9, Employment Eligibility Verification, 

as well as the Acceptable Documents 

web page at uscis.gov/i-9-central/ 

acceptable-documents. Employers must 

complete Form I–9 to verify the identity 

and employment authorization of all 

new employees. Within three days of 

hire, employees must present acceptable 

documents to their employers as 

evidence of identity and employment 

authorization to satisfy Form I–9 

requirements. 

You may present any document from 

List A (which provides evidence of both 

identity and employment authorization) 

or one document from List B (which 

provides evidence of your identity) 

together with one document from List C 

(which provides evidence of 

employment authorization), or you may 

present an acceptable receipt as 

described in the Form I–9 Instructions. 

The TPS EADs that DHS automatically 

extended in the September 10, 2021, 

compliance notice will remain valid 

until at least December 31, 2022.80

Employers may not reject a document 

based on the fact that it has been 

automatically extended, or due to a 

future expiration date. Individuals 

whose existing TPS-related 

documentation continues through 

December 31, 2022, in accordance with 

the court orders in Ramos and Saget and 

the DHS Federal Register notice at 86 

FR 50725 (September 10, 2021), may 

present documentation as described in 

that notice to their employers for 

purposes of demonstrating employment 

eligibility through December 31, 2022. 

You can find additional information 

about Form I–9 on the I–9 Central web 

page at uscis.gov/I–9Central. An EAD is 

an acceptable document under List A. 

If I have an EAD based on another 

immigration status, can I obtain a new 

TPS-based EAD? 

Yes, if you are eligible for TPS, you 

can obtain a new TPS-based EAD, 

regardless of whether you have an EAD 

or work authorization based on another 

immigration status. If you want to 

obtain a new TPS-based EAD valid 

through October 19, 2023, then you 

must file Form I–765, Application for 

Employment Authorization, and pay the 

associated fee (unless USCIS grants your 

fee waiver request). 

Can my employer require that I provide 

any other documentation such as 

evidence of my status or proof of my 

Sudanese citizenship or a Form I–797C 

showing that I registered for TPS for 

Form I–9 completion? 

No. When completing Form I–9, 

employers must accept any 

documentation you choose to present 

from the Form I–9 Lists of Acceptable 

Documents that reasonably appears to 

be genuine and that relates to you, or an 

acceptable List A, List B, or List C 

receipt. Employers need not reverify 

List B identity documents. Employers 

may not request proof of Sudanese 

citizenship or proof of registration for 

TPS when completing Form I–9 for new 

hires or reverifying the employment 

authorization of current employees. 

Refer to the ‘‘Note to Employees’’ 

section of this Federal Register notice 


lotter on DSK11XQN23PROD with NOTICES1
23210 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 

81See Continuation of Documentation for 

Beneficiaries of Temporary Protected Status 

Designations for El Salvador, Haiti, Nicaragua, 

Sudan, Honduras, and Nepal, 86 FR 50725 (Sep. 10, 

2021). 

for important information about your 

rights if your employer rejects lawful 

documentation, requires additional 

documentation, or otherwise 

discriminates against you based on your 

citizenship or immigration status, or 

your national origin. Employers can 

refer to the compliance notice that DHS 

published on September 10, 2021, for 

information on how to complete the 

Form I–9 with TPS EADs that DHS 

extended through December 31, 2022.81

Note to All Employers 

Employers are reminded that the laws 

requiring proper employment eligibility 

verification and prohibiting unfair 

immigration-related employment 

practices remain in full force. This 

Federal Register notice does not 

supersede or in any way limit 

applicable employment verification 

rules and policy guidance, including 

those rules setting forth reverification 

requirements. For general questions 

about the employment eligibility 

verification process, employers may call 

USCIS at 888–464–4218 (TTY 877–875– 

6028) or email USCIS at I-9Central@

uscis.dhs.gov. USCIS accepts calls and 

emails in English and many other 

languages. For questions about avoiding 

discrimination during the employment 

eligibility verification process (Form I– 

9 and E-Verify), employers may call the 

U.S. Department of Justice, Civil Rights 

Division, Immigrant and Employee 

Rights Section (IER) Employer Hotline 

at 800–255–8155 (TTY 800–237–2515). 

IER offers language interpretation in 

numerous languages. Employers may 

also email IER at IER@usdoj.gov. 

Note to Employees 

For general questions about the 

employment eligibility verification 

process, employees may call USCIS at 

888–897–7781 (TTY 877–875–6028) or 

email USCIS at I-9Central@

uscis.dhs.gov. USCIS accepts calls in 

English, Spanish and many other 

languages. Employees or job applicants 

may also call the IER Worker Hotline at 

800–255–7688 (TTY 800–237–2515) for 

information regarding employment 

discrimination based on citizenship, 

immigration status, or national origin, 

including discrimination related to 

Form I–9 and E-Verify. The IER Worker 

Hotline provides language interpretation 

in numerous languages. 

To comply with the law, employers 

must accept any document or 

combination of documents from the 

Lists of Acceptable Documents if the 

documentation reasonably appears to be 

genuine and to relate to the employee, 

or an acceptable List A, List B, or List 

C receipt as described in the Form I–9 

Instructions. Employers may not require 

extra or additional documentation 

beyond what is required for Form I–9 

completion. Further, employers 

participating in E-Verify who receive an 

E-Verify case result of ‘‘Tentative 

Nonconfirmation’’ (TNC) must promptly 

inform employees of the TNC and give 

such employees an opportunity to 

contest the TNC. A TNC case result 

means that the information entered into 

E-Verify from Form I–9 differs from 

records available to DHS. 

Employers may not terminate, 

suspend, delay training, withhold or 

lower pay, or take any adverse action 

against an employee because of a TNC 

while the case is still pending with EVerify. A Final Nonconfirmation (FNC) 

case result is received when E-Verify 

cannot confirm an employee’s 

employment eligibility. An employer 

may terminate employment based on a 

case result of FNC. Work-authorized 

employees who receive an FNC may call 

USCIS for assistance at 888–897–7781 

(TTY 877–875–6028). For more 

information about E-Verify-related 

discrimination or to report an employer 

for discrimination in the E-Verify 

process based on citizenship, 

immigration status, or national origin, 

contact IER’s Worker Hotline at 800– 

255–7688 (TTY 800–237–2515). 

Additional information about proper 

nondiscriminatory Form I–9 and EVerify procedures is available on the 

IER website at justice.gov/ier and the 

USCIS and E-Verify websites at 

uscis.gov/i-9-central and e-verify.gov. 

Note Regarding Federal, State, and 

Local Government Agencies (Such as 

Departments of Motor Vehicles) 

This Federal Register Notice does not 

invalidate the compliance notice DHS 

issued on September 10, 2021, which 

extended the validity of certain TPS 

documentation through December 31, 

2022 and does not require individuals to 

present an I–797, Notice of Action. For 

Federal purposes, individuals approved 

for TPS may show their Form I–797, 

Notice of Action, indicating approval of 

their Form I–821 application, or their 

A12 EAD (including those that have 

been extended) to prove that they have 

TPS. USCIS can also confirm whether 

an individual has TPS if they show a 

C19 EAD, which indicates prima facie 

eligibility for TPS. While Federal 

Government agencies must follow the 

guidelines laid out by the Federal 

Government, state and local government 

agencies establish their own rules and 

guidelines when granting certain 

benefits. Each state may have different 

laws, requirements, and determinations 

about what documents they require you 

to provide to prove eligibility for certain 

benefits. Whether you are applying for 

a Federal, state, or local government 

benefit, you may need to provide the 

government agency with documents that 

show you are covered under TPS or 

show you are authorized to work based 

on TPS. Examples of such documents 

are: 

• Your new EAD with a category code 

of A12 or C19 for TPS, regardless of 

your country of birth; 

• A copy of your Form I–94, Arrival/ 

Departure Record; or 

• Form I–797, the notice of approval, 

for a current Form I–821, if you received 

one from USCIS. 

Check with the government agency 

regarding which document(s) the agency 

will accept. 

Some benefit-granting agencies use 

the SAVE program to confirm the 

current immigration status of applicants 

for public benefits. SAVE can verify 

when an individual has TPS based on 

the documents above. In most cases, 

SAVE provides an automated electronic 

response to benefit-granting agencies 

within seconds, but occasionally 

verification can be delayed. You can 

check the status of your SAVE 

verification by using CaseCheck at 

uscis.gov/save/save-casecheck, then by 

clicking the ‘‘Check Your Case’’ button. 

CaseCheck is a free service that lets you 

follow the progress of your SAVE 

verification using your date of birth and 

SAVE verification case number or an 

immigration identifier number that you 

provided to the benefit-granting agency. 

If an agency has denied your application 

based solely or in part on a SAVE 

response, the agency must offer you the 

opportunity to appeal the decision in 

accordance with the agency’s 

procedures. If the agency has received 

and acted on or will act on a SAVE 

verification and you do not believe the 

response is correct, please see the SAVE 

Records: Fast Facts For Benefit 

Applicants sheet under SAVE Resources 

at https://www.uscis.gov/save/saveresources for information about how to 

correct or update your immigration 

record. 

[FR Doc. 2022–08363 Filed 4–18–22; 8:45 am] 

BILLING CODE 9111–97–P 


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