Termination of the Designation of Liberia for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Liberia TPS Beneficiaries, 55000-55004 [06-7785]
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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices
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Dated: September 13, 2006.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 06–7983 Filed 9–19–06; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2384–06; DHS Docket No. USCIS–
2006–0048]
RIN 1615–ZA39
Termination of the Designation of
Liberia for Temporary Protected
Status; Automatic Extension of
Employment Authorization
Documentation for Liberia TPS
Beneficiaries
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice of termination of
temporary protected status for Liberia.
AGENCY:
SUMMARY: Following a review of country
conditions and consultations with the
appropriate Government agencies, the
Secretary of the Department of
Homeland Security (DHS) has
determined that the temporary protected
status (TPS) designation of Liberia
should be terminated. This termination
will not take effect until October 1,
2007, to provide for an orderly
transition. This Notice informs the
public of the termination of the Liberia
TPS designation and sets forth
procedures for nationals of Liberia (or
aliens having no nationality who last
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habitually resided in Liberia) with TPS
to re-register for TPS benefits. Reregistration is limited to persons who
have previously registered for TPS
under the designation of Liberia and
whose application was granted or
remains pending. Liberians (or aliens
having no nationality who last
habitually resided in Liberia) who have
not previously been granted TPS, or
who do not already have a pending
application for TPS under the
designation for Liberia, may not file
under late initial filing provisions. Late
initial filings (LIFs) are only allowed
during an extension of a designation of
TPS.
Given the timeframes involved with
processing TPS re-registrants, DHS
recognizes that re-registrants might not
receive a new EAD until after their
current EAD expires on October 1, 2006.
Accordingly, this Notice automatically
extends the validity of EADs issued
under the designation of TPS for Liberia
for six months through April 1, 2007,
and explains how TPS beneficiaries and
their employers may determine which
EADs are automatically extended. New
EADs with an expiration date of
September 30, 2007, will be issued to
eligible TPS beneficiaries who timely reregister and apply for an EAD.
DATES: Effective Dates: The termination
of Liberia’s TPS designation is effective
12:01 a.m., local time, October 1, 2007.
To maintain TPS benefits through the 12
months leading up to the effective date
of the termination, Liberian TPS
beneficiaries must comply with the reregistration requirements described in
this Notice. The 60-day re-registration
period begins September 20, 2006 and
ends November 20, 2006.
FOR FURTHER INFORMATION CONTACT:
Matthew Horner, Status and Family
Branch, Service Center Operations, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue, NW., 2nd Floor,
Washington, DC 20529, telephone (202)
272–1505. This is not a toll free number.
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
Secretary—Secretary of Homeland
Security
TPS—Temporary Protected Status
USCIS—U.S. Citizenship and
Immigration Services
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What authority does the Secretary of
Homeland Security have to terminate
the designation of TPS for Liberia?
Section 244(b)(1) of the Immigration
and Nationality Act (Act), 8 U.S.C.
1254a(b) authorizes the Secretary of
Homeland Security, after consultation
with appropriate agencies of the
Government, to designate a foreign state
(or part thereof) for TPS. The Secretary
may then grant TPS to eligible nationals
of that foreign state (or aliens having no
nationality who last habitually resided
in that state). 8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration
of the TPS designation, or any extension
thereof, the Secretary, after consultation
with appropriate agencies of the
Government, must review the
conditions in a foreign state designated
for TPS to determine whether the
conditions for the TPS designation
continue to be met. 8 U.S.C.
1254a(b)(3)(A). If the Secretary
determines that the foreign state no
longer meets the conditions for the TPS
designation, he must terminate the
designation. Such termination may not
take effect earlier than 60 days after the
date the Notice of termination is
published in the Federal Register. 8
U.S.C. 1254a(b)(3)(B). The Secretary
may determine the appropriate effective
date of the termination for the purpose
of providing an orderly transition. 8
U.S.C. 1254a(b)(3)(B); 8 U.S.C.
1254a(d)(3).
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Why did the Secretary decide to
terminate the designation of Liberia for
TPS?
On August 25, 2004, the Secretary of
Homeland Security published a Notice
in the Federal Register at 63 FR 52297
re-designating Liberia for TPS due to
‘‘extraordinary and temporary
conditions’’ caused by the past armed
conflict that prevented aliens from
returning to Liberia in safety. The
Secretary announced an extension of
this TPS designation on August 16,
2005, determining that the conditions
warranting such designation continued
to be met. 70 FR 48176.
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in
Liberia. Based on this review, DHS has
determined that the TPS designation of
Liberia should be terminated because
the extraordinary and temporary
conditions that formed the basis of the
designation have improved such that
they no longer prevent Liberians (or
aliens having no nationality who last
habitually resided in Liberia) from
returning to their home country in
safety.
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The uncertain situation that
characterized the immediate aftermath
of the armed conflict’s end and the
temporary and extraordinary conditions
caused by the long war have improved.
With the assistance of a large and robust
peacekeeping mission, Liberia is now
entering a long-term phase of
reconstruction and rehabilitation and
there exists a democratically-elected
government with the capacity to accept
the return of its nationals. Indeed, the
United Nations High Commissioner for
Refugees (UNHCR) decided in February
2006 to shift its policy from
‘‘facilitating’’ to ‘‘promoting’’ the
voluntary repatriation of Liberian
refugees based on the existence of
conditions for refugees to return in
‘‘safety and dignity.’’ (UNHCR Briefing
Notes, ‘‘Liberia: UNHCR to promote
voluntary repatriation following
positive changes,’’ February 17, 2006).
Further, UNHCR has withdrawn its
recommendation (put forward last year)
in favor of a moratorium on forced
returns of rejected Liberian asylumseekers stating that, in regard to
individuals found not to be eligible for
refugee status under the 1951
Convention or OAU Convention, as
applicable, UNHCR would have no
objection to their possible return to
Liberia. (UNHCR Position on
International Protection Needs of
Asylum-Seekers from Liberia, March 31,
2006). While much remains to be done
after years of armed conflict and the
destruction and neglect that
accompanied it, UNHCR organized the
return of more than 50,000 Liberian
refugees as of April 2006. More than
151,000 Liberians refugees have
returned spontaneously due to the
cessation of hostilities and presence of
UN peacekeeping troops. Nearly
300,000 internally displaced persons
(IDPs) have also returned. While the
situation remains fragile, progress has
been made in Liberia and a majority of
the objectives in the Government of
Liberia’s 150-day Action Plan are either
on track to be completed or due to
commence shortly.
Based upon this review, the Secretary,
after consultation with appropriate
Government agencies, determined that
the extraordinary and temporary
conditions that prompted the redesignation of Liberia for TPS no longer
prevent Liberians (or aliens having no
nationality who last habitually resided
in Liberia) from returning to their home
country in safety, and that the
designation of Liberia for TPS should be
terminated. See 8 U.S.C. 1254a(b)(3)(A)
(describing procedures for periodic
review of TPS designations); 8 U.S.C.
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1254a(b)(3)(B) (describing procedures
for terminating a TPS designation).
If I currently have benefits through the
TPS designation of Liberia and would
like to maintain those benefits until the
effective date of the termination
(October 1, 2007), do I need to reregister for TPS?
Yes. If you already have received TPS
benefits through the designation of
Liberia for TPS, your benefits will
expire on October 1, 2006. All Liberian
TPS beneficiaries must comply with the
re-registration requirements described
below to maintain TPS benefits through
September 30, 2007. 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), 1254a(f). Failure to reregister without good cause will result
in the withdrawal of your temporary
protected status and possibly your
removal from the United States. 8 U.S.C.
1254a(c)(3)(C). TPS beneficiaries who
fail, without good cause, to re-register
on time will not be issued a new EAD
valid through September 30, 2007.
If I am currently registered for TPS or
have a pending application for TPS,
how do I re-register to renew my
benefits until the effective date of the
termination (October 1, 2007)?
All persons previously granted TPS
under the designation of Liberia who
would like to maintain such status and
those whose applications remain
pending but who wish to renew their
benefits, must re-register 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 one hundred and
eighty dollar ($180) filing fee with Form
I–765 (for which a fee waiver may be
requested));
(3) A biometric services fee of seventy
dollars ($70) if you are 14 years of age
or older, or if you are under 14 and
requesting an EAD extension. The
biometric services fee will not be
waived. 8 CFR 103.2(e)(4)(i), (iii); and
(4) A photocopy of the front and back
of your EAD if you received an EAD
during the most recent registration
period.
When filing Form I–821, it is
important to place your Alien
Registration Number on your
application. You may find your Alien
Registration Number, also known as
your ‘‘A Number,’’ listed below your
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name on your EAD. In addition, please
note that you do not need to submit
photographs with your TPS application
because a photograph will be taken, if
needed, when you appear 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. All TPS re-registration
applications submitted without the
required fees will be returned to the
applicants.
What edition of the Form I–821 should
be submitted?
Form I–821 has been revised. Only
Forms I–821 with revision dates of
November 5, 2004 or later will be
accepted. The revision date can be
found on the bottom right corner of the
form. Submissions of older versions of
Form I–821 will be rejected. You may
obtain immigration forms, free of
charge, on the Internet at https://
www.uscis.gov or by calling the USCIS
forms hotline at 1–800–870–3676.
Who must submit the $180 filing fee for
the Form I–765, Application for
Employment Authorization?
If
Then
You are applying for an extension of your EAD valid through September 30, 2007.
You are not applying for an extension of your EAD ................................
You must complete and file the Form I–765, Application for Employment Authorization, with the $180 fee.
You must complete and file Form I–765 (for data-gathering purposes
only) with no fee.
You must complete and file: (1) Form I–765 and (2) a fee waiver request and affidavit (and any other supporting information) in accordance with 8 CFR 244.20.
You are applying for an extension of your EAD and are requesting a
fee waiver.
Applicants who are only seeking to reregister for TPS and are not requesting
an EAD or applying for an extension of
their EAD should not check any of the
following boxes on the I–765
(Application for Employment
Authorization) in response to the
question ‘‘I am applying for:’’
Permission to accept employment;
Replacement (of lost employment
authorization document);
Renewal of my permission to accept
employment (attach previous
employment authorization document).
If a TPS applicant is not applying for
an EAD and he or she incorrectly checks
any of these boxes without submitting a
$180 fee with his or her Form I–765, the
processing of their application may be
delayed.
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Who must submit the $70 biometric
services fee?
The $70 biometric services fee must
be submitted by all aliens 14 years of
age and older who: (1) Have previously
been granted TPS and are now reregistering for TPS; or (2) have an initial
application for TPS currently pending,
have an EAD bearing the notification
‘‘C–19’’ on the face of the card under
‘‘Category’’ and wish to renew
temporary treatment benefits. In
addition, any alien, including one who
is under the age of 14, choosing to apply
for a new EAD or an extension of an
EAD must submit the $70 biometric
services fee. This biometric services fee
will not be waived. 8 CFR 103.2(e)(4)(i),
(iii).
When should I submit my reregistration application for TPS?
Applications must be filed during the
60-day re-registration period from
September 20, 2006 until November 20,
2006. You are encouraged to file the
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application as soon as possible after the
start of the 60-day re-registration period.
Where should I submit my reregistration application for TPS?
To facilitate efficient processing,
USCIS has designated two post office
(P.O.) boxes with the Chicago Lockbox
for the filing of TPS applications. The
type of TPS re-registration application
you submit will determine the P.O. Box
where your application must be
submitted. Certain applications for TPS
re-registration may also be electronically
filed or ‘‘E-Filed.’’ See below for further
filing instructions. Please note that
applications should not be filed with a
USCIS Service Center or District Office.
Failure to file your application properly
may delay the processing of your
application.
Category 1: Applications for reregistration that do not require the
submission of additional documentation
and applications to renew temporary
treatment benefits must either be
electronically filed (‘‘E-Filed’’) (see
below) or filed at this address: U.S.
Citizenship and Immigration Services,
P.O. Box 6943, Chicago, IL 60680–6943.
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 60605–1029.
E-Filing Your Application: If your
application falls into Category 1, you are
strongly encouraged to E-File your
application. During the re-registration
period from September 20, 2006 to
November 20, 2006, aliens re-registering
for TPS and those renewing temporary
treatment benefits under this
designation may electronically file Form
I–821, Form I–765, and associated fees
by using E-Filing at the USCIS Internet
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site, https://www.uscis.gov. In order to
properly re-register using E-Filing,
aliens must begin the E-Filing process
by completing Form I–821 online. After
the Form I–821 is completed, the system
will then automatically link the alien to
Form I–765. E-filing will only be
available during the 60-day reregistration period. Attempts to E-file
after the re-registration period ends
November 20, 2006 will not be
accepted. Aliens whose application falls
into Category 2 (explained below) may
not E-File and must send their
application materials to the USCIS
Chicago Lockbox at the address listed
below.
Category 2: Aliens who are filing a reregistration application that requires the
submission of additional documentation
cannot e-file and must file at the P.O.
Box listed below: U.S. Citizenship and
Immigration Services, P.O. Box 8677,
Chicago, IL 60680–8677.
Or, for non-United States Postal
Service (USPS) deliveries: U.S.
Citizenship and Immigration Services,
Attn: TPS—Liberia—[EOIR/Additional
Documents], 427 S. LaSalle—3rd Floor,
Chicago, IL 60605–1029.
Note: Please make sure to indicate either
‘‘EOIR’’ or ‘‘Additional Documents’’ on the
‘‘Attn:’’ line, as appropriate, after ‘‘Liberia,’’
above.
Applications for re-registration
require the submission of supporting
documentation under the following
circumstances:
(A) If one or more of the questions
listed in Part 4, Question 2 of Form I–
821 apply to the alien, then the alien
must submit an explanation, on a
separate sheet(s) of paper, and/or
additional documentation.
(B) If the alien was granted TPS by an
Immigration Judge or the Board of
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receive a new EAD in the mail with an
expiration date of September 30, 2007.
Immigration Appeals, then the alien
must include evidence of the grant of
TPS (such as an order from the
Executive Office for Immigration
Review (EOIR)) with his or her
application package.
Are certain aliens ineligible for TPS?
Yes. There are certain criminal and
security-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, as are aliens
described in the bars to asylum. 8 U.S.C.
1254a(c)(2)(B), 1158(b)(2)(A). Aliens
should also note that an individual
granted TPS will have his or her TPS
withdrawn if the alien was not in fact
eligible for TPS, fails without good
cause to timely re-register, or, with some
exceptions, fails to maintain continuous
physical presence in the United States
from the date the alien first was granted
TPS. 8 U.S.C. 1254a(c)(3)(A)–(C).
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Am I eligible to receive an automatic
extension of my EAD from October 1,
2006, through April 1, 2007?
To receive an automatic extension of
your EAD, you must be a national of
Liberia (or an alien having no
nationality who last habitually resided
in Liberia) who has applied for and
received an EAD under the TPS
designation for Liberia and who has not
had TPS withdrawn or denied. This
automatic extension is limited to EADs
(1) issued on Form I–766, Employment
Authorization Document, (2) bearing an
expiration date of October 1, 2006, and
(3) bearing the notation ‘‘A–12’’ or ‘‘C–
19’’ on the face of the card under
‘‘Category’.
If I am currently registered for TPS
under the designation of Liberia and I
am re-registering for TPS, how do I
receive a new EAD after the six-month
automatic extension expires?
TPS re-registrants will receive a
notice in the mail with instructions to
appear at an ASC for biometrics
collection. When you report to the ASC,
you must bring the following
documents: (1) Your receipt notice for
your re-registration application; (2) your
ASC appointment notice; and (3) your
current EAD. If no further action is
required for your case, you will receive
a new EAD, valid through September
30, 2007, through the mail. If your case
requires further resolution, USCIS will
contact you in writing to explain what
additional information, if any, is
necessary to resolve your case. If such
application is approved, you will
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May I request an interim EAD at my
local District Office?
No. USCIS will not issue interim
EADs to TPS applicants and reregistrants at District Offices.
How may employers determine whether
an EAD has been automatically
extended for six months through April
1, 2007, and is therefore acceptable for
completion of the Form I–9?
For purposes of verifying identity and
employment eligibility or re-verifying
employment eligibility on the Form I–9
through April 1, 2007, employers of
Liberian TPS beneficiaries whose EADs
have been automatically extended by
this Notice must accept the EAD, if it is
presented and reasonably appears on its
face to be genuine and to relate to the
employee, as a valid ‘‘List A’’ document.
Employers should not ask for additional
Form I–9 documentation and should not
request proof of Liberian citizenship. An
EAD that has been automatically
extended for six months by this Notice
through April 1, 2007, will actually
contain an expiration date of October 1,
2006, and must be a Form I–766 bearing
the notation ‘‘A–12 ‘‘ or ‘‘C–19’’ on the
face of the card under ‘‘Category.’’ New
EADs showing the April 1, 2007,
expiration date of the six-month
automatic extension will not be issued.
This action by the Secretary of
Homeland Security through this Federal
Register Notice does not affect the right
of an applicant for employment or an
employee to present any legally
acceptable document as proof of
identity and eligibility for employment.
Employers are reminded that the laws
requiring employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Notice does not supersede or in any way
limit applicable employment
verification rules and policy guidance,
including those setting forth reverification requirements. See 8 CFR
274a.2(b)(1)(vii) (employer reverification requirements). For
questions, employers may call the
USCIS Office of Business Liaison
Employer Hotline at 1–800–357–2099 to
speak to a USCIS representative. Also,
employers may call the U.S. Department
of Justice Office of Special Counsel for
Immigration Related Unfair
Employment Practices (OSC) Employer
Hotline at 1–800–255–8155 or 1–800–
362–2735 (TDD). Employees or
applicants may call the OSC Employee
Hotline at 1–800–255–7688 or 1–800–
237–2515 (TDD) for information
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regarding the automatic extension.
Additional information is available on
the OSC Web site at https://
www.usdoj.gov/crt/osc/.
How may employers determine an
employee’s eligibility for employment
once the automatic extension has
expired, between April 1, 2007, and the
effective date of the termination of the
TPS designation of Liberia on October
1, 2007?
TPS beneficiaries who successfully reregister will possess an EAD with an
expiration date of September 30, 2007.
This EAD must be accepted for the
purposes of verifying identity and
employment authorization. Employers
are reminded that the laws requiring
employment eligibility verification and
prohibiting unfair immigration-related
employment practices remain in full
force, as described above.
What can an employee present to an
employer for purposes of completing
Form I–9, Employment Eligibility
Verification?
Qualified individuals who have
received a six-month extension of their
EADs by virtue of this Federal Register
Notice may present a TPS-based EAD to
their employer, as described above, as
proof of identity and employment
authorization through April 1, 2007. To
minimize confusion over this extension
at the time of hire or re-verification,
qualified individuals may also present a
copy of this Federal Register Notice
regarding the automatic extension of
employment authorization
documentation through April 1, 2007.
After April 1, 2007, employees may
present a new EAD valid through
September 30, 2007.
As an alternative to the
aforementioned options, any legally
acceptable document or combination of
documents listed in List A, List B, or
List C of the Form I–9 may be presented
as proof of identity and employment
eligibility; it is the choice of the
employee.
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), (h). When a country’s TPS
designation is terminated, TPS
beneficiaries will maintain 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
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55004
Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices
status prior to being granted TPS and
did not obtain any other status during
the TPS period, he or she will revert to
unlawful 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 apply for other
immigration benefits for which they
may be eligible.
How does my TPS affect my eligibility
to apply for other benefits?
TPS does not prevent an alien from
applying for another immigration
benefit, such as non-immigrant status,
adjustment of status based on an
immigrant or employment-based
petition, or asylum. Likewise, the grant
of another immigration status has no
bearing on your TPS. 8 U.S.C.
1254a(a)(5). For the purposes of change
of 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). The grounds for denying
one immigration benefit, however, may
also be grounds for denying or
withdrawing 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), 1254a(c)(2)(B)(ii).
jlentini on PROD1PC65 with NOTICES
Are nationals of Liberia (or aliens
having no nationality who last
habitually resided in Liberia) who
entered the United States after October
1, 2002, eligible for TPS?
No. This Notice terminating the TPS
designation for Liberia does not change
the required dates of continuous
residence and continuous physical
presence in the United States for
Liberians (or aliens having no
nationality who last habitually resided
in Liberia) wishing to extend their TPS
benefits until the effective date of the
termination (October 1, 2007). This
Notice does not expand TPS eligibility
beyond the current TPS requirements
for the Liberia designation. To be
eligible for continued benefits until the
effective date of the termination of the
TPS designation of Liberia, nationals of
Liberia (or aliens having no nationality
who last habitually resided in Liberia)
must have been continuously physically
present in the United States since
August 25, 2004, and continuously
resided in the United States since
October 1, 2002.
VerDate Aug<31>2005
17:40 Sep 19, 2006
Jkt 205001
May I register under the late initial
registration provisions at this time?
1182(a)(9)(B), (C) (aliens unlawfully
present).
No. Certain nationals of Liberia (or
aliens having no nationality who last
habitually resided in Liberia) who have
not previously applied for TPS cannot
establish eligibility for TPS under the
‘‘late initial registration’’ provisions.
Late initial filings are only permitted
during an extension of a TPS
designation, pursuant to 8 CFR
244.2(f)(2), whereas the TPS designation
of Liberia is being terminated. Thus,
Liberians (or aliens having no
nationality who last habitually resided
in Liberia) who have not previously
filed for TPS and been granted, or who
do not already have a pending
application for TPS under the
designation for Liberia, may not file
under late initial filing provisions. Late
initial registration applications
submitted to USCIS under the Liberia
designation will be denied.
Notice of Termination of the
Designation of Liberia for TPS
By the authority vested in the
Secretary of Homeland Security under
section 244(b)(3) of the Act, the
Secretary determined on August 2,
2006, after consulting with the
appropriate Government agencies, that
the conditions that prompted
designation of Liberia for TPS no longer
support the TPS designation.
Accordingly, the Secretary orders as
follows:
(1) The designation of Liberia under
section 244(b)(1)(C) of the Immigration
and Nationality Act is terminated
effective 12:01 a.m., local time, October
1, 2007. 8 U.S.C. 1254a(b)(3)(B), (d)(3).
(2) There are approximately 3,600
nationals of Liberia (or aliens having no
nationality who last habitually resided
in Liberia) who have been granted TPS
and who may be eligible to re-register,
in accordance with the terms and
conditions set forth in this Notice, for
continued TPS benefits until the
effective date of the termination
(October 1, 2007).
(3) To maintain TPS and related
benefits until the effective date of the
termination (October 1, 2007), a national
of Liberia (or an alien having no
nationality who last habitually resided
in Liberia) who was granted TPS and
who has not had TPS withdrawn must
re-register during the 60-day reregistration period from September 20,
2006 until November 20, 2006.
(4) To re-register, aliens must follow
the aforementioned filing procedures set
forth in this Notice.
Information concerning the
termination of the 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.
How does the termination of TPS affect
nationals of Liberia (or aliens having no
nationality who last habitually resided
in Liberia) who currently receive TPS
benefits?
Once the termination of Liberia’s TPS
designation becomes effective on
October 1, 2007, these TPS beneficiaries
will maintain the same immigration
status they held prior to TPS (unless
that status has since expired or been
terminated), if any, 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 revert to unlawful status
upon the effective date of termination of
the TPS designation (October 1, 2007).
At that time, former TPS beneficiaries
will no longer be eligible for a stay of
removal or employment authorization
based on TPS. TPS-related EADs issued
under the Liberia designation will not
be renewed or extended.
Termination of the TPS designation
for Liberia does not necessarily affect
pending applications for other forms of
immigration relief or protection. Former
TPS beneficiaries, however, will begin
to accrue unlawful presence as of
October 1, 2007, if they have not been
granted any other immigration status or
protection or if they have no pending
application for certain benefits. An alien
is deemed to be unlawfully present in
the United States if the alien is present
in the United States after the expiration
of the period of stay authorized or is
present in the United States without
being admitted or paroled. See 8 U.S.C.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
Dated: September 6, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06–7785 Filed 9–18–06; 12:07 pm]
BILLING CODE 4410–10–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Information Collection;
Export of Caviar or Meat of Paddlefish
or Sturgeon Removed From the Wild
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
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]]>Agencies
[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Notices]
[Pages 55000-55004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7785]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2384-06; DHS Docket No. USCIS-2006-0048]
RIN 1615-ZA39
Termination of the Designation of Liberia for Temporary Protected
Status; Automatic Extension of Employment Authorization Documentation
for Liberia TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice of termination of temporary protected status for
Liberia.
-----------------------------------------------------------------------
SUMMARY: Following a review of country conditions and consultations
with the appropriate Government agencies, the Secretary of the
Department of Homeland Security (DHS) has determined that the temporary
protected status (TPS) designation of Liberia should be terminated.
This termination will not take effect until October 1, 2007, to provide
for an orderly transition. This Notice informs the public of the
termination of the Liberia TPS designation and sets forth procedures
for nationals of Liberia (or aliens having no nationality who last
habitually resided in Liberia) with TPS to re-register for TPS
benefits. Re-registration is limited to persons who have previously
registered for TPS under the designation of Liberia and whose
application was granted or remains pending. Liberians (or aliens having
no nationality who last habitually resided in Liberia) who have not
previously been granted TPS, or who do not already have a pending
application for TPS under the designation for Liberia, may not file
under late initial filing provisions. Late initial filings (LIFs) are
only allowed during an extension of a designation of TPS.
Given the timeframes involved with processing TPS re-registrants,
DHS recognizes that re-registrants might not receive a new EAD until
after their current EAD expires on October 1, 2006. Accordingly, this
Notice automatically extends the validity of EADs issued under the
designation of TPS for Liberia for six months through April 1, 2007,
and explains how TPS beneficiaries and their employers may determine
which EADs are automatically extended. New EADs with an expiration date
of September 30, 2007, will be issued to eligible TPS beneficiaries who
timely re-register and apply for an EAD.
DATES: Effective Dates: The termination of Liberia's TPS designation is
effective 12:01 a.m., local time, October 1, 2007. To maintain TPS
benefits through the 12 months leading up to the effective date of the
termination, Liberian TPS beneficiaries must comply with the re-
registration requirements described in this Notice. The 60-day re-
registration period begins September 20, 2006 and ends November 20,
2006.
FOR FURTHER INFORMATION CONTACT: Matthew Horner, Status and Family
Branch, Service Center Operations, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue,
NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1505. This is
not a toll free number.
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
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
[[Page 55001]]
What authority does the Secretary of Homeland Security have to
terminate the designation of TPS for Liberia?
Section 244(b)(1) of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a(b) authorizes the Secretary of Homeland Security, after
consultation with appropriate agencies of the Government, to designate
a foreign state (or part thereof) for TPS. The Secretary may then grant
TPS to eligible nationals of that foreign state (or aliens having no
nationality who last habitually resided in that state). 8 U.S.C.
1254a(a)(1)(A).
At least 60 days before the expiration of the TPS designation, or
any extension thereof, the Secretary, after consultation with
appropriate agencies of the Government, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. 8 U.S.C. 1254a(b)(3)(A). If
the Secretary determines that the foreign state no longer meets the
conditions for the TPS designation, he must terminate the designation.
Such termination may not take effect earlier than 60 days after the
date the Notice of termination is published in the Federal Register. 8
U.S.C. 1254a(b)(3)(B). The Secretary may determine the appropriate
effective date of the termination for the purpose of providing an
orderly transition. 8 U.S.C. 1254a(b)(3)(B); 8 U.S.C. 1254a(d)(3).
Why did the Secretary decide to terminate the designation of Liberia
for TPS?
On August 25, 2004, the Secretary of Homeland Security published a
Notice in the Federal Register at 63 FR 52297 re-designating Liberia
for TPS due to ``extraordinary and temporary conditions'' caused by the
past armed conflict that prevented aliens from returning to Liberia in
safety. The Secretary announced an extension of this TPS designation on
August 16, 2005, determining that the conditions warranting such
designation continued to be met. 70 FR 48176.
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Liberia. Based on this review, DHS
has determined that the TPS designation of Liberia should be terminated
because the extraordinary and temporary conditions that formed the
basis of the designation have improved such that they no longer prevent
Liberians (or aliens having no nationality who last habitually resided
in Liberia) from returning to their home country in safety.
The uncertain situation that characterized the immediate aftermath
of the armed conflict's end and the temporary and extraordinary
conditions caused by the long war have improved. With the assistance of
a large and robust peacekeeping mission, Liberia is now entering a
long-term phase of reconstruction and rehabilitation and there exists a
democratically-elected government with the capacity to accept the
return of its nationals. Indeed, the United Nations High Commissioner
for Refugees (UNHCR) decided in February 2006 to shift its policy from
``facilitating'' to ``promoting'' the voluntary repatriation of
Liberian refugees based on the existence of conditions for refugees to
return in ``safety and dignity.'' (UNHCR Briefing Notes, ``Liberia:
UNHCR to promote voluntary repatriation following positive changes,''
February 17, 2006). Further, UNHCR has withdrawn its recommendation
(put forward last year) in favor of a moratorium on forced returns of
rejected Liberian asylum-seekers stating that, in regard to individuals
found not to be eligible for refugee status under the 1951 Convention
or OAU Convention, as applicable, UNHCR would have no objection to
their possible return to Liberia. (UNHCR Position on International
Protection Needs of Asylum-Seekers from Liberia, March 31, 2006). While
much remains to be done after years of armed conflict and the
destruction and neglect that accompanied it, UNHCR organized the return
of more than 50,000 Liberian refugees as of April 2006. More than
151,000 Liberians refugees have returned spontaneously due to the
cessation of hostilities and presence of UN peacekeeping troops. Nearly
300,000 internally displaced persons (IDPs) have also returned. While
the situation remains fragile, progress has been made in Liberia and a
majority of the objectives in the Government of Liberia's 150-day
Action Plan are either on track to be completed or due to commence
shortly.
Based upon this review, the Secretary, after consultation with
appropriate Government agencies, determined that the extraordinary and
temporary conditions that prompted the re-designation of Liberia for
TPS no longer prevent Liberians (or aliens having no nationality who
last habitually resided in Liberia) from returning to their home
country in safety, and that the designation of Liberia for TPS should
be terminated. See 8 U.S.C. 1254a(b)(3)(A) (describing procedures for
periodic review of TPS designations); 8 U.S.C. 1254a(b)(3)(B)
(describing procedures for terminating a TPS designation).
If I currently have benefits through the TPS designation of Liberia and
would like to maintain those benefits until the effective date of the
termination (October 1, 2007), do I need to re-register for TPS?
Yes. If you already have received TPS benefits through the
designation of Liberia for TPS, your benefits will expire on October 1,
2006. All Liberian TPS beneficiaries must comply with the re-
registration requirements described below to maintain TPS benefits
through September 30, 2007. 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),
1254a(f). Failure to re-register without good cause will result in the
withdrawal of your temporary protected status and possibly your removal
from the United States. 8 U.S.C. 1254a(c)(3)(C). TPS beneficiaries who
fail, without good cause, to re-register on time will not be issued a
new EAD valid through September 30, 2007.
If I am currently registered for TPS or have a pending application for
TPS, how do I re-register to renew my benefits until the effective date
of the termination (October 1, 2007)?
All persons previously granted TPS under the designation of Liberia
who would like to maintain such status and those whose applications
remain pending but who wish to renew their benefits, must re-register
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 one hundred and
eighty dollar ($180) filing fee with Form I-765 (for which a fee waiver
may be requested));
(3) A biometric services fee of seventy dollars ($70) if you are 14
years of age or older, or if you are under 14 and requesting an EAD
extension. The biometric services fee will not be waived. 8 CFR
103.2(e)(4)(i), (iii); and
(4) A photocopy of the front and back of your EAD if you received
an EAD during the most recent registration period.
When filing Form I-821, it is important to place your Alien
Registration Number on your application. You may find your Alien
Registration Number, also known as your ``A Number,'' listed below your
[[Page 55002]]
name on your EAD. In addition, please note that you do not need to
submit photographs with your TPS application because a photograph will
be taken, if needed, when you appear 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. All TPS re-registration applications
submitted without the required fees will be returned to the applicants.
What edition of the Form I-821 should be submitted?
Form I-821 has been revised. Only Forms I-821 with revision dates
of November 5, 2004 or later will be accepted. The revision date can be
found on the bottom right corner of the form. Submissions of older
versions of Form I-821 will be rejected. You may obtain immigration
forms, free of charge, on the Internet at https://www.uscis.gov or by
calling the USCIS forms hotline at 1-800-870-3676.
Who must submit the $180 filing fee for the Form I-765, Application for
Employment Authorization?
------------------------------------------------------------------------
If Then
------------------------------------------------------------------------
You are applying for an extension of You must complete and file the
your EAD valid through September 30, Form I-765, Application for
2007. Employment Authorization, with
the $180 fee.
You are not applying for an extension You must complete and file Form
of your EAD. I-765 (for data-gathering
purposes only) with no fee.
You are applying for an extension of You must complete and file: (1)
your EAD and are requesting a fee Form I-765 and (2) a fee
waiver. waiver request and affidavit
(and any other supporting
information) in accordance
with 8 CFR 244.20.
------------------------------------------------------------------------
Applicants who are only seeking to re-register for TPS and are not
requesting an EAD or applying for an extension of their EAD should not
check any of the following boxes on the I-765 (Application for
Employment Authorization) in response to the question ``I am applying
for:''
Permission to accept employment;
Replacement (of lost employment authorization document);
Renewal of my permission to accept employment (attach previous
employment authorization document).
If a TPS applicant is not applying for an EAD and he or she
incorrectly checks any of these boxes without submitting a $180 fee
with his or her Form I-765, the processing of their application may be
delayed.
Who must submit the $70 biometric services fee?
The $70 biometric services fee must be submitted by all aliens 14
years of age and older who: (1) Have previously been granted TPS and
are now re-registering for TPS; or (2) have an initial application for
TPS currently pending, have an EAD bearing the notification ``C-19'' on
the face of the card under ``Category'' and wish to renew temporary
treatment benefits. In addition, any alien, including one who is under
the age of 14, choosing to apply for a new EAD or an extension of an
EAD must submit the $70 biometric services fee. This biometric services
fee will not be waived. 8 CFR 103.2(e)(4)(i), (iii).
When should I submit my re-registration application for TPS?
Applications must be filed during the 60-day re-registration period
from September 20, 2006 until November 20, 2006. You are encouraged to
file the application as soon as possible after the start of the 60-day
re-registration period.
Where should I submit my re-registration application for TPS?
To facilitate efficient processing, USCIS has designated two post
office (P.O.) boxes with the Chicago Lockbox for the filing of TPS
applications. The type of TPS re-registration application you submit
will determine the P.O. Box where your application must be submitted.
Certain applications for TPS re-registration may also be electronically
filed or ``E-Filed.'' See below for further filing instructions. Please
note that applications should not be filed with a USCIS Service Center
or District Office. Failure to file your application properly may delay
the processing of your application.
Category 1: Applications for re-registration that do not require
the submission of additional documentation and applications to renew
temporary treatment benefits must either be electronically filed (``E-
Filed'') (see below) or filed at this address: U.S. Citizenship and
Immigration Services, P.O. Box 6943, Chicago, IL 60680-6943.
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 60605-1029.
E-Filing Your Application: If your application falls into Category
1, you are strongly encouraged to E-File your application. During the
re-registration period from September 20, 2006 to November 20, 2006,
aliens re-registering for TPS and those renewing temporary treatment
benefits under this designation may electronically file Form I-821,
Form I-765, and associated fees by using E-Filing at the USCIS Internet
site, https://www.uscis.gov. In order to properly re-register using E-
Filing, aliens must begin the E-Filing process by completing Form I-821
online. After the Form I-821 is completed, the system will then
automatically link the alien to Form I-765. E-filing will only be
available during the 60-day re-registration period. Attempts to E-file
after the re-registration period ends November 20, 2006 will not be
accepted. Aliens whose application falls into Category 2 (explained
below) may not E-File and must send their application materials to the
USCIS Chicago Lockbox at the address listed below.
Category 2: Aliens who are filing a re-registration application
that requires the submission of additional documentation cannot e-file
and must file at the P.O. Box listed below: U.S. Citizenship and
Immigration Services, P.O. Box 8677, Chicago, IL 60680-8677.
Or, for non-United States Postal Service (USPS) deliveries: U.S.
Citizenship and Immigration Services, Attn: TPS--Liberia--[EOIR/
Additional Documents], 427 S. LaSalle--3rd Floor, Chicago, IL 60605-
1029.
Note: Please make sure to indicate either ``EOIR'' or
``Additional Documents'' on the ``Attn:'' line, as appropriate,
after ``Liberia,'' above.
Applications for re-registration require the submission of
supporting documentation under the following circumstances:
(A) If one or more of the questions listed in Part 4, Question 2 of
Form I-821 apply to the alien, then the alien must submit an
explanation, on a separate sheet(s) of paper, and/or additional
documentation.
(B) If the alien was granted TPS by an Immigration Judge or the
Board of
[[Page 55003]]
Immigration Appeals, then the alien must include evidence of the grant
of TPS (such as an order from the Executive Office for Immigration
Review (EOIR)) with his or her application package.
Are certain aliens ineligible for TPS?
Yes. There are certain criminal and security-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, as are aliens described in the bars to asylum.
8 U.S.C. 1254a(c)(2)(B), 1158(b)(2)(A). Aliens should also note that an
individual granted TPS will have his or her TPS withdrawn if the alien
was not in fact eligible for TPS, fails without good cause to timely
re-register, or, with some exceptions, fails to maintain continuous
physical presence in the United States from the date the alien first
was granted TPS. 8 U.S.C. 1254a(c)(3)(A)-(C).
Am I eligible to receive an automatic extension of my EAD from October
1, 2006, through April 1, 2007?
To receive an automatic extension of your EAD, you must be a
national of Liberia (or an alien having no nationality who last
habitually resided in Liberia) who has applied for and received an EAD
under the TPS designation for Liberia and who has not had TPS withdrawn
or denied. This automatic extension is limited to EADs (1) issued on
Form I-766, Employment Authorization Document, (2) bearing an
expiration date of October 1, 2006, and (3) bearing the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category'.
If I am currently registered for TPS under the designation of Liberia
and I am re-registering for TPS, how do I receive a new EAD after the
six-month automatic extension expires?
TPS re-registrants will receive a notice in the mail with
instructions to appear at an ASC for biometrics collection. When you
report to the ASC, you must bring the following documents: (1) Your
receipt notice for your re-registration application; (2) your ASC
appointment notice; and (3) your current EAD. If no further action is
required for your case, you will receive a new EAD, valid through
September 30, 2007, through the mail. If your case requires further
resolution, USCIS will contact you in writing to explain what
additional information, if any, is necessary to resolve your case. If
such application is approved, you will receive a new EAD in the mail
with an expiration date of September 30, 2007.
May I request an interim EAD at my local District Office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at District Offices.
How may employers determine whether an EAD has been automatically
extended for six months through April 1, 2007, and is therefore
acceptable for completion of the Form I-9?
For purposes of verifying identity and employment eligibility or
re-verifying employment eligibility on the Form I-9 through April 1,
2007, employers of Liberian TPS beneficiaries whose EADs have been
automatically extended by this Notice must accept the EAD, if it is
presented and reasonably appears on its face to be genuine and to
relate to the employee, as a valid ``List A'' document. Employers
should not ask for additional Form I-9 documentation and should not
request proof of Liberian citizenship. An EAD that has been
automatically extended for six months by this Notice through April 1,
2007, will actually contain an expiration date of October 1, 2006, and
must be a Form I-766 bearing the notation ``A-12 `` or ``C-19'' on the
face of the card under ``Category.'' New EADs showing the April 1,
2007, expiration date of the six-month automatic extension will not be
issued.
This action by the Secretary of Homeland Security through this
Federal Register Notice does not affect the right of an applicant for
employment or an employee to present any legally acceptable document as
proof of identity and eligibility for employment.
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those setting forth re-verification
requirements. See 8 CFR 274a.2(b)(1)(vii) (employer re-verification
requirements). For questions, employers may call the USCIS Office of
Business Liaison Employer Hotline at 1-800-357-2099 to speak to a USCIS
representative. Also, employers may call the U.S. Department of Justice
Office of Special Counsel for Immigration Related Unfair Employment
Practices (OSC) Employer Hotline at 1-800-255-8155 or 1-800-362-2735
(TDD). Employees or applicants may call the OSC Employee Hotline at 1-
800-255-7688 or 1-800-237-2515 (TDD) for information regarding the
automatic extension. Additional information is available on the OSC Web
site at https://www.usdoj.gov/crt/osc/.
How may employers determine an employee's eligibility for employment
once the automatic extension has expired, between April 1, 2007, and
the effective date of the termination of the TPS designation of Liberia
on October 1, 2007?
TPS beneficiaries who successfully re-register will possess an EAD
with an expiration date of September 30, 2007. This EAD must be
accepted for the purposes of verifying identity and employment
authorization. Employers are reminded that the laws requiring
employment eligibility verification and prohibiting unfair immigration-
related employment practices remain in full force, as described above.
What can an employee present to an employer for purposes of completing
Form I-9, Employment Eligibility Verification?
Qualified individuals who have received a six-month extension of
their EADs by virtue of this Federal Register Notice may present a TPS-
based EAD to their employer, as described above, as proof of identity
and employment authorization through April 1, 2007. To minimize
confusion over this extension at the time of hire or re-verification,
qualified individuals may also present a copy of this Federal Register
Notice regarding the automatic extension of employment authorization
documentation through April 1, 2007. After April 1, 2007, employees may
present a new EAD valid through September 30, 2007.
As an alternative to the aforementioned options, any legally
acceptable document or combination of documents listed in List A, List
B, or List C of the Form I-9 may be presented as proof of identity and
employment eligibility; it is the choice of the employee.
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), (h). When a country's TPS designation is
terminated, TPS beneficiaries will maintain 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
[[Page 55004]]
status prior to being granted TPS and did not obtain any other status
during the TPS period, he or she will revert to unlawful 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 apply for other immigration benefits for which
they may be eligible.
How does my TPS affect my eligibility to apply for other benefits?
TPS does not prevent an alien from applying for another immigration
benefit, such as non-immigrant status, adjustment of status based on an
immigrant or employment-based petition, or asylum. Likewise, the grant
of another immigration status has no bearing on your TPS. 8 U.S.C.
1254a(a)(5). For the purposes of change of 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). The grounds for denying one
immigration benefit, however, may also be grounds for denying or
withdrawing 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), 1254a(c)(2)(B)(ii).
Are nationals of Liberia (or aliens having no nationality who last
habitually resided in Liberia) who entered the United States after
October 1, 2002, eligible for TPS?
No. This Notice terminating the TPS designation for Liberia does
not change the required dates of continuous residence and continuous
physical presence in the United States for Liberians (or aliens having
no nationality who last habitually resided in Liberia) wishing to
extend their TPS benefits until the effective date of the termination
(October 1, 2007). This Notice does not expand TPS eligibility beyond
the current TPS requirements for the Liberia designation. To be
eligible for continued benefits until the effective date of the
termination of the TPS designation of Liberia, nationals of Liberia (or
aliens having no nationality who last habitually resided in Liberia)
must have been continuously physically present in the United States
since August 25, 2004, and continuously resided in the United States
since October 1, 2002.
May I register under the late initial registration provisions at this
time?
No. Certain nationals of Liberia (or aliens having no nationality
who last habitually resided in Liberia) who have not previously applied
for TPS cannot establish eligibility for TPS under the ``late initial
registration'' provisions. Late initial filings are only permitted
during an extension of a TPS designation, pursuant to 8 CFR
244.2(f)(2), whereas the TPS designation of Liberia is being
terminated. Thus, Liberians (or aliens having no nationality who last
habitually resided in Liberia) who have not previously filed for TPS
and been granted, or who do not already have a pending application for
TPS under the designation for Liberia, may not file under late initial
filing provisions. Late initial registration applications submitted to
USCIS under the Liberia designation will be denied.
How does the termination of TPS affect nationals of Liberia (or aliens
having no nationality who last habitually resided in Liberia) who
currently receive TPS benefits?
Once the termination of Liberia's TPS designation becomes effective
on October 1, 2007, these TPS beneficiaries will maintain the same
immigration status they held prior to TPS (unless that status has since
expired or been terminated), if any, 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 revert to
unlawful status upon the effective date of termination of the TPS
designation (October 1, 2007).
At that time, former TPS beneficiaries will no longer be eligible
for a stay of removal or employment authorization based on TPS. TPS-
related EADs issued under the Liberia designation will not be renewed
or extended.
Termination of the TPS designation for Liberia does not necessarily
affect pending applications for other forms of immigration relief or
protection. Former TPS beneficiaries, however, will begin to accrue
unlawful presence as of October 1, 2007, if they have not been granted
any other immigration status or protection or if they have no pending
application for certain benefits. An alien is deemed to be unlawfully
present in the United States if the alien is present in the United
States after the expiration of the period of stay authorized or is
present in the United States without being admitted or paroled. See 8
U.S.C. 1182(a)(9)(B), (C) (aliens unlawfully present).
Notice of Termination of the Designation of Liberia for TPS
By the authority vested in the Secretary of Homeland Security under
section 244(b)(3) of the Act, the Secretary determined on August 2,
2006, after consulting with the appropriate Government agencies, that
the conditions that prompted designation of Liberia for TPS no longer
support the TPS designation. Accordingly, the Secretary orders as
follows:
(1) The designation of Liberia under section 244(b)(1)(C) of the
Immigration and Nationality Act is terminated effective 12:01 a.m.,
local time, October 1, 2007. 8 U.S.C. 1254a(b)(3)(B), (d)(3).
(2) There are approximately 3,600 nationals of Liberia (or aliens
having no nationality who last habitually resided in Liberia) who have
been granted TPS and who may be eligible to re-register, in accordance
with the terms and conditions set forth in this Notice, for continued
TPS benefits until the effective date of the termination (October 1,
2007).
(3) To maintain TPS and related benefits until the effective date
of the termination (October 1, 2007), a national of Liberia (or an
alien having no nationality who last habitually resided in Liberia) who
was granted TPS and who has not had TPS withdrawn must re-register
during the 60-day re-registration period from September 20, 2006 until
November 20, 2006.
(4) To re-register, aliens must follow the aforementioned filing
procedures set forth in this Notice.
Information concerning the termination of the 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: September 6, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-7785 Filed 9-18-06; 12:07 pm]
BILLING CODE 4410-10-P
