Extension of the Designation of Liberia for Temporary Protected Status, 48176-48179 [05-16308]

Agencies

• U.S. Citizenship and Immigration Services
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 70, Number 157 (Tuesday, August 16, 2005)]
[Notices]
[Pages 48176-48179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16308]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2357-05]
RIN 1615-ZA26


Extension of the Designation of Liberia for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

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SUMMARY: The designation of Liberia for Temporary Protected Status 
(TPS) will expire on October 1, 2005. This Notice extends the 
designation of Liberia for 12 months, until October 1, 2006, and sets 
forth procedures necessary for nationals of Liberia and aliens having 
no nationality who last habitually resided in Liberia with TPS to re-
register and to apply for an extension of their employment 
authorization documents (EADs) for the additional 12-month period. Re-
registration is limited to persons who registered under the current 
designation (which was announced on August 25, 2004). Certain nationals 
of Liberia (or aliens having no nationality who last habitually resided 
in Liberia) who previously have not applied for TPS under the current 
designation may be eligible to apply under the late initial 
registration provisions.

DATES: The extension of TPS for Liberia is effective October 1, 2005, 
and will remain in effect until October 1, 2006. The 60-day re-
registration period begins August 16, 2005 and will remain in effect 
until October 17, 2005.

FOR FURTHER INFORMATION CONTACT: Colleen Cook, Residence and Status 
Services, Office of Programs and Regulations Development, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529, 
telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms Used in This Document

Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
GDP--Gross Domestic Product
IDP--Internally Displaced Person
NGO--Non-Governmental Organization
NTGL--National Transitional Government of Liberia
RIC--U.S. Citizenship and Immigration Services, Resource Information 
Center
TPS--Temporary Protected Status
UNHCR--United Nations High Commissioner for Refugees
USCIS--U.S. Citizenship and Immigration Services

What Authority Does the Secretary of Homeland Security Have To Extend 
the Designation of Liberia for TPS?

    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Secretary of Homeland Security, after consultation 
with appropriate agencies of the Government, is authorized to designate 
a foreign state (or part thereof) for TPS. 8 U.S.C. 1254a(b)(1). The 
Secretary of Homeland Security may then grant TPS to eligible nationals 
of that foreign state (or aliens having no nationality who last 
habitually resided in that state). 8 U.S.C. 1254a(a)(1).
    At least 60 days before the expiration of the TPS designation or 
any extension thereof, section 244(b)(3)(A) of the Act requires the 
Secretary of Homeland Security to review, after consultation with 
appropriate agencies of the Government, the conditions in a foreign 
state designated for TPS to determine whether the conditions for a TPS 
designation continue to be met and, if so, the length of an extension 
of the TPS designation. 8 U.S.C. 1254a(b)(3)(A). If the Secretary of 
Homeland Security determines that the foreign state no longer meets the 
conditions for the TPS designation, he shall terminate the designation, 
as provided in section 244(b)(3)(B) of the Act. 8 U.S.C. 
1254a(b)(3)(B). Finally, section 244(b)(3)(C) of the Act provides for 
the extension of TPS for an additional period of 6 months (or, in the 
discretion of the Secretary, a period of 12 or 18 months) unless the 
Secretary determines, at least 60 days before the designation or 
extension is due to end, that a foreign state (or part thereof) no 
longer meets the conditions for designation. 8 U.S.C. 1254a(b)(3)(C).

Why Did the Secretary of Homeland Security Decide To Extend the TPS 
Designation for Liberia?

    On August 25, 2004, the Secretary of Homeland Security published a 
Notice in the Federal Register changing the justification for the TPS 
designation. This Notice terminated the TPS designation for Liberia due 
to the ongoing, armed conflict because the armed conflict had ceased. 
The Notice also re-designated Liberia for TPS due to ``extraordinary 
and temporary conditions'' caused by the past armed conflict. 69 FR 
52297.
    Over the past year, DHS and DOS have continued to review conditions 
in Liberia. Based on this review, the Department of Homeland Security 
has determined that a 12-month extension is warranted because the 
extraordinary and temporary conditions that prompted designation still 
persist. Further, DHS has determined that it is not contrary to the 
national interest of the United States to permit aliens who are 
eligible for TPS based on the designation of Liberia to remain 
temporarily in the United States. 8 U.S.C. 1254a(b)(1)(C).
    On June 16, 2005, DOS recommended (DOS Recommendation) an extension 
of Liberia for TPS for 12-months. Although disarmament and 
demobilization of the warring factions has been completed with the 
disarmament of over 100,000 ex-combatants, funding shortfalls and a 
lack of sufficient rehabilitation and reintegration programs have the 
potential to destabilize the security situation in Liberia, and have 
led to riots among ex-combatants in Ganta. Id. In one area, ex-
combatants briefly held NGO workers captive to protest the lack of 
rehabilitation and reintegration programs. Id.
    The assisted and spontaneous return of refugees and internally 
displaced

[[Page 48177]]

persons (IDP) remains slow. Id. Although the United Nations High 
Commissioner for Refugees (UNHCR) began facilitating returns in October 
2004, it will not begin promoting returns until after the October 2005 
elections, once it is convinced that peace and stability have firmly 
taken hold. Id. The U.S. Citizenship and Immigration Services (USCIS), 
Resource Information Center (RIC) reported (RIC Report, June 2005) that 
since November 2004, approximately 130,000 IDPs have received support 
to return to their homes. Another 200,000 IDPs living in camps continue 
to receive food assistance. Id. Approximately 222,000 Liberian refugees 
of the 340,000 refugees in the region remain outside of Liberia. (DOS 
Recommendation).
    The Liberian economy continues to perform well below the pre-war 
level. Despite two percent growth in GDP in the past year, the Liberian 
economy operates at about one-third of its pre-war level, with a GDP of 
less than U.S. $500 million, compared with U.S. $1 billion in 1988. 
(RIC Report, June 2005). The National Transitional Government of 
Liberia (NTGL) is unable to provide employment (unemployment is at 85 
percent) or essential social services. Id. Eighty percent of pre-war 
housing stock is still reported as damaged. Id. Although agricultural 
activities have started to expand, the percent of arable land under 
cultivation remains at less than ten percent. Id.
    Based upon this review, the Secretary of Homeland Security, after 
consultation with appropriate Government agencies, finds that the 
conditions that prompted the re-designation of Liberia for TPS continue 
to be met. 8 U.S.C. 1254a(b)(3)(A). There are extraordinary and 
temporary conditions in Liberia that prevent aliens who are nationals 
of Liberia (or aliens having no nationality who last habitually resided 
in Liberia) from returning in safety, assuming these aliens meet the 
other statutory requirements for TPS. The Secretary of Homeland 
Security also finds that it is not contrary to the national interest of 
the United States to permit aliens who meet the eligibility 
requirements of TPS to remain temporarily in the United States. 8 
U.S.C. 1254a(b)(1)(C). On the basis of these findings, the Secretary of 
Homeland Security concludes that the designation of Liberia for TPS 
should be extended for an additional 12-month period. 8 U.S.C. 
1254a(b)(3)(C).
    Following inter-agency consultation on conditions in Liberia, the 
Department is optimistic that elections scheduled for October 2005 will 
further stabilize conditions in Liberia. One million Liberians have 
registered to vote in the elections and, currently, there are 18 
registered political parties and 43 presidential candidates. (RIC 
Report, June 2005).

If I Currently Have Benefits Through the TPS Designation of Liberia, 
Should I Re-register for TPS?

    Yes. If you already have received benefits through the TPS 
designation of Liberia, your benefits will expire on October 1, 2005. 
Accordingly, you must comply with the re-registration requirements 
described below in order to maintain TPS benefits through October 1, 
2006. TPS benefits include temporary protection against removal from 
the United States, as well as employment authorization, during the TPS 
designation period. 8 U.S.C. 1254a(a)(1).

If I Am Currently Registered for TPS, or Have a Pending Application for 
TPS, How Do I Re-register Under the Extension?

    All persons previously granted TPS under the current designation of 
Liberia who wish to maintain such status must re-register under the 
extension by filing the following:
    (1) Form I-821, Application for Temporary Protected Status, without 
fee;
    (2) Form I-765, Application for Employment Authorization (see the 
chart below to determine whether you must submit the $175 filing fee 
with Form I-765) or a fee waiver request; and
    (3) A biometric service fee of $70 if you are 14 years of age or 
older, or if you are under 14 and are requesting an Employment 
Authorization Document (EAD). The biometric service fee will not be 
waived. 8 CFR 103.2(e)(4)(i), (iii).
    (4) Unlike previous registration periods, TPS applicants do not 
need to submit photographs with the TPS application because a 
photograph will be taken when the applicant appears at an USCIS 
Application Support Center (ASC) for collection of biometrics.

Aliens who have previously registered for TPS but whose applications 
remain pending should follow these instructions if they wish to renew 
their TPS benefits. An application submitted without the applicable 
fee(s) (if required) will be returned to the applicant.
    Please note that the Form I-821 has been revised and only the form 
with Revision Date 11/5/04 will be accepted. Submissions of older 
versions of Form I-821 will be rejected. Submit the completed forms and 
applicable fee(s), if any, to the USCIS Chicago, IL Lockbox during the 
60-day re-registration period that begins August 16, 2005 and ends 
October 17, 2005. An interim EAD will not be issued unless the Form I-
765, as part of the TPS registration package, has been pending with 
USCIS more than 90 days after all requested initial evidence has been 
received, including collection of the applicant's biometrics at an ASC. 
See 8 CFR 103.2(b)(10)(ii) and 8 CFR 274a.13(d).

Where Should an Applicant for TPS Submit His or Her Application for Re-
registration or for Late Initial Registration?

    The Form I-821, Form I-765, fees, and all supporting documentation 
should be filed at the USCIS Chicago, IL Lockbox at:

U.S. Citizenship and Immigration Services, Attn: TPS Liberia, P.O. Box 
87583, Chicago, IL 60680-0583.

    Or, for non-United States Postal Service (USPS) deliveries:

U.S. Citizenship and Immigration Services, Attn: TPS Liberia, 427 S. 
LaSalle--3rd Floor, Chicago, IL 60605.

    Please note that these addresses are not the same as where you 
submitted your forms to register for the current TPS designation. 
Aliens re-registering or late initial registering for TPS under the 
designation of Liberia should not bring or send their TPS forms and 
fees directly to a USCIS district office. Failure to follow these 
instructions will delay processing of your TPS re-registration 
application and may result in your application being returned to you.

Where Can I Obtain a Copy of the Revised Form I-821 Dated 11/5/04?

    TPS forms are available from the toll-free USCIS Forms line, 1-800-
870-3676, from your local USCIS district office, or from the USCIS Web 
site: https://www.uscis.gov.

Who Must Submit the $175 Filing Fee for the Form I-765?

    (1) Although all re-registrants must submit the Form I-765, only 
those re-registrants requesting an EAD, regardless of age, must submit 
the $175 filing fee or a properly documented fee waiver request 
pursuant to 8 CFR 244.20.
    (2) Persons between the ages of 14 and 65 (inclusive) filing under 
the late initial registration provisions who are requesting an EAD must 
also submit the $175 fee or a fee waiver request pursuant to 8 CFR 
244.20.
    (3) Aliens who are submitting Form I-765 only for data-gathering 
purposes (as explained in the chart below) are not required to submit a 
$175 filing fee, nor

[[Page 48178]]

are they required to submit a fee waiver request.
    Note that TPS re-registrants and applicants for late initial 
registration may wish to consider whether obtaining an EAD will be 
helpful to them for reasons other than verifying employment eligibility 
(for example, as a photo identity document and/or additional evidence 
of lawful presence in the United States in order to demonstrate 
eligibility for a driver's license in some states).

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                   If                                  Then
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You are re-registering for or renewing   You must complete and file the
 a TPS-related EAD, regardless of your    Form I-765, Application for
 age..                                    Employment Authorization, with
                                          the $175 fee or a fee waiver
                                          request in accordance with 8
                                          CFR 244.20.
You are not requesting an EAD..........  You must complete and file Form
                                          I-765 (for data-gathering
                                          purposes only) with no fee or
                                          fee waiver request.\1\
You are filing under the late            You must complete and file Form
 registration provisions, are             I-765 with the $175 fee
 requesting an EAD, and are between the   initial or a fee waiver
 ages of 14 and 65 (inclusive)..          request in accordance with 8
                                          CFR 244.20.
You are applying for a TPS-related EAD   You must complete and file Form
 under the late initial registration      I-765 (for data-gathering
 provisions and are under age 14 or       purposes only) with no fee.
 over age 65..
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\1\ An applicant who does not want an EAD does not need to submit the
  $175 fee, but must complete and submit Form I-765 for data-gathering
  purposes.

Who Must Submit the $70 Biometric Service Fee?

    All aliens 14 years of age and older who are re-registering for 
TPS, renewing temporary treatment benefits, or filing for late initial 
registration must submit the $70 biometric service fee. In addition, 
since a photograph, signature, and fingerprint are required to produce 
an EAD, any applicant under the age of 14 choosing to apply for an EAD 
must submit the $70 biometric service fee. The biometric service fee 
will not be waived. 8 CFR 103.2(e)(4)(i), (iii).

Does TPS Lead to Lawful Permanent Residence?

    No. TPS is a temporary benefit that does not lead to lawful 
permanent residence by itself or confer any other immigration status. 8 
U.S.C. 1254a(e), (f)(1), and (h). TPS also does not cure any 
immigration status violations or periods of unlawful presence that may 
have accrued prior to an alien's grant of TPS, following withdrawal of 
TPS, or after termination of a TPS designation. When a country's TPS 
designation is terminated, TPS beneficiaries will have the same 
immigration status they held prior to TPS (unless that status has since 
expired or been terminated), or any other status they may have acquired 
while registered for TPS. Accordingly, if an alien held no lawful 
immigration status prior to being granted TPS and did not obtain any 
other status during the TPS period, he or she will have no lawful 
status upon the termination of the TPS designation. Once the Secretary 
determines that a TPS designation should be terminated, aliens who had 
TPS under that designation are expected to plan for their departure 
from the United States and may wish to apply for immigration benefits 
for which they may be eligible.

May I Apply for Another Immigration Benefit While Registered for TPS?

    Yes. Registration for TPS does not prevent you from applying for 
another non-immigrant status, from filing for adjustment of status 
based on an immigrant petition, or from applying for any other 
immigration benefit or protection. 8 U.S.C. 1254a(a)(5). For the 
purposes of change of nonimmigrant status and adjustment of status, an 
alien is considered as being in, and maintaining, lawful status as a 
nonimmigrant during the period in which the alien is granted TPS. 8 
U.S.C. 1254a(f)(4).

How Does an Application for TPS Affect My Application for Asylum or 
Other Immigration Benefits?

    An application for TPS does not affect an application for asylum or 
any other immigration benefit. Denial of an application for asylum or 
any other immigration benefit does not affect an applicant's TPS 
eligibility, although the grounds for denying one form of relief may 
also be grounds for denying TPS. For example, a person who has been 
convicted of a particularly serious crime is not eligible for asylum or 
TPS. 8 U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. 1254a(c)(2)(B)(ii).

Does This Extension Allow Nationals of Liberia (or Aliens Having no 
Nationality Who Last Habitually Resided in Liberia) Who Entered the 
United States After October 1, 2002, To Apply for TPS?

    No. This is a Notice of an extension of the TPS designation of 
Liberia, not a Notice re-designating Liberia for TPS. An extension of a 
TPS designation does not change the required dates of continuous 
residence and continuous physical presence in the United States. This 
extension does not expand TPS availability to those beyond the current 
TPS eligibility requirements for Liberia. To be eligible for benefits 
under this extension, nationals of Liberia (or aliens having no 
nationality who last habitually resided in Liberia) must have been 
continuously physically present since August 25, 2004, and continuously 
resided in the United States since October 1, 2002.

Are Certain Aliens Ineligible for TPS?

    Yes. There are certain criminal and terrorism-related 
inadmissibility grounds that render an alien ineligible for TPS. 8 
U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of 
any felony, or two or more misdemeanors, committed in the United States 
are ineligible for TPS under section 244(c)(2)(B) of the Act, 8 U.S.C. 
1254a(c)(2)(B), as are aliens described in the bars to asylum in 
section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A).

What Is Late Initial Registration?

    Some aliens who did not file for TPS during the initial 
registration period may be eligible for late initial registration under 
8 U.S.C. 1254a(c)(1)(A) and (c)(2) and 8 CFR 244.2(f)(2) and (g). To 
apply for late initial registration an applicant must:
    (1) Be a national of Liberia (or alien who has no nationality and 
who last habitually resided in Liberia);
    (2) Have continuously resided in the United States since October 1, 
2002;
    (3) Have been continuously physically present in the United States 
since August 25, 2004; 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

[[Page 48179]]

registration period for this designation (from August 25, 2004 to 
February 21, 2005), he or she:
    (1) Was a nonimmigrant or had been granted voluntary departure or 
any relief from removal;
    (2) Had an application for change of status, adjustment of status, 
asylum, voluntary departure, or any relief from removal or change of 
status pending or subject to further review or appeal;
    (3) Was a parolee or had a pending request for reparole; or
    (4) Is the spouse or child of an alien currently eligible to be a 
TPS registrant.
    An applicant for late initial registration must file an application 
for late registration within 60 days of the expiration or termination 
of the above-described conditions. 8 CFR 244.2(g). All late initial 
registration applications for TPS pursuant to the TPS extension of 
Liberia should be submitted to the USCIS lockbox address listed above.

What Happens When This Extension of TPS Expires on October 1, 2006?

    At least 60 days before this extension of the TPS designation for 
Liberia expires on October 1, 2006, the Secretary of Homeland Security, 
after consultation with appropriate agencies of the Government, will 
review conditions in Liberia and determine whether the conditions for 
this TPS designation continue to be met at that time, or whether the 
TPS designation should be terminated. 8 U.S.C. 1254a(b)(3). Notice of 
that determination, including the basis for the determination, will be 
published in the Federal Register.

Notice of Extension of Designation of TPS for Liberia

    By the authority vested in the Secretary of Homeland Security under 
sections 244(b)(3)(A) and (b)(3)(C) of the Act, DHS has determined, 
after consultation with the appropriate Government agencies, that the 
conditions that prompted designation of Liberia for TPS continue to be 
met. Accordingly, DHS orders as follows:
    (1) The designation of Liberia under section 244(b)(1)(C) of the 
Act is extended for an additional 12-month period from October 1, 2005, 
to October 1, 2006. 8 U.S.C. 1254a(b)(3)(C).
    (2) There are approximately 3,792 nationals of Liberia (or aliens 
having no nationality who last habitually resided in Liberia) who have 
been granted TPS and who are eligible for re-registration.
    (3) To maintain TPS, a national of Liberia (or an alien having no 
nationality who last habitually resided in Liberia) who was granted TPS 
during the current designation must re-register for TPS during the 60-
day re-registration period from August 16, 2005 until October 17, 2005.
    (4) To re-register, the alien must file the following: (1) Form I-
821, Application for Temporary Protected Status, without fee; (2) Form 
I-765, Application for Employment Authorization; and (3) a biometric 
services fee of $70 if the alien is age 14 or older, or if the alien is 
under age 14 and requesting an EAD. Applications submitted without the 
required fees will be returned to the applicant. If the alien requests 
an EAD, he or she must submit $175 or a properly documented fee waiver 
request, pursuant to 8 CFR 244.20, with the Form I-765. An alien who 
does not request employment authorization must still file Form I-765 
along with Form I-821, but he or she is not required to submit the fee 
or a fee waiver request for filing Form I-765. Failure to re-register 
without good cause will result in the withdrawal of TPS. 8 U.S.C. 
1254a(c)(3)(C). Aliens who have previously registered for TPS but whose 
applications remain pending should follow these instructions to renew 
temporary treatment benefits. Some persons who had not previously 
applied for TPS may be eligible for late initial registration under 8 
CFR 244.2.
    (5) At least 60 days before this extension ends on October 1, 2006, 
the Secretary of Homeland Security, after consultation with appropriate 
agencies of the Government, will review the designation of Liberia for 
TPS and determine whether the conditions for designation continue to be 
met. 8 U.S.C. 1254a(b)(3)(A). Notice of that determination, including 
the basis for the determination, will be published in the Federal 
Register. Id.
    (6) Information concerning the extension of designation of Liberia 
for TPS will be available at local USCIS offices upon publication of 
this Notice and on the USCIS Web site at https://www.uscis.gov.

    Dated: July 29, 2005.
Michael Chertoff,
Secretary.
[FR Doc. 05-16308 Filed 8-15-05; 8:45 am]
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