Memorandum on Extending the Wind-Down Period for Deferred Enforced Departure for Liberians, 19500-19501 [2020-07356]

Download as PDF 19500 Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices 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 pay, lower pay, or take any adverse action against an employee because of the TNC while the case is still pending with EVerify. A ‘‘Final Nonconfirmation’’ (FNC) case result is received when EVerify 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 www.justice.gov/ier and the USCIS and E-verify websites at www.uscis.gov/i-9-central and www.everify.gov. khammond on DSKJM1Z7X2PROD with NOTICES Note Regarding Federal, State, and Local Government Agencies (Such as Departments of Motor Vehicles) For Federal purposes, individuals covered under DED for Liberians presenting an EAD referenced in this Federal Register notice do not need to show any other document, such as an I– 797, Notice of Action, to prove that they qualify for this extension. However, 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 VerDate Sep<11>2014 18:22 Apr 06, 2020 Jkt 250001 different laws, requirements, and determinations about what documents you need 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 DED and/or show you are authorized to work based on DED. Examples of such documents are: • Your current EAD; • Your automatically extended EAD with a copy of this Federal Register notice, providing an automatic extension of your EAD; • A copy of the notice of approval of your past Application for Temporary Protected Status Form I–797, Notice of Action, if you received one from USCIS, coupled with a copy of the March 30, 2020, Presidential Memorandum extending DED for Liberians; and/or • A print-out from the USCIS DED website that provides information on the automatic extension. Such a printout could be coupled with your EAD or with the Presidential Memorandum and your USCIS notice of approval showing that you had TPS as of September 30, 2007. 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. While SAVE can verify when an individual has DED, each agency’s procedures govern whether they will accept an automatically extended DED-related EAD. You should: a. Present the agency with a copy of this Federal Register notice showing the extension of DED and of your DEDrelated EAD with your alien number; b. Explain that SAVE will be able to verify the continuation of your DED using this information; and c. Ask the agency to initiate a SAVE query with your information and follow through with additional verification steps, if necessary, to get a final SAVE response confirming your DED. You can also ask the agency to look for SAVE notices or contact SAVE if they have any questions about your immigration status or automatic extension of your DED-related EAD. 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 save.uscis.gov/ casecheck/, then by clicking the ‘‘Check PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 Your Case’’ button. CaseCheck is a free service that lets you follow the progress of your SAVE verification using your date of birth and one immigration identifier number. 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 upon or will act upon a SAVE verification and you do not believe the response is correct, you may make an appointment for an inperson interview at a local USCIS office. Detailed information on how to make corrections or update your immigration record, make an appointment, or submit a written request to correct records under the Freedom of Information Act can be found on the SAVE website at www.uscis.gov/save. Joseph Edlow, Deputy Director for Policy, U.S. Citizenship and Immigration Services. [FR Doc. 2020–07355 Filed 4–3–20; 4:15 pm] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Memorandum on Extending the WindDown Period for Deferred Enforced Departure for Liberians U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). AGENCY: ACTION: Notice. A ‘‘Memorandum on Extending the Wind-Down Period for Deferred Enforced Departure for Liberians’’ was issued by President Trump on March 30, 2020. The President determined that it is in the foreign policy interests of the United States to extend the Deferred Enforced Departure (DED) wind-down period for Liberians through January 10, 2021. The President directed the Secretary of Homeland Security to extend the DED wind-down period for eligible Liberians currently covered under DED and to provide for continued work authorization through January 10, 2021. The President further authorized and directed the Secretary of Homeland Security to publish this memorandum E:\FR\FM\07APN1.SGM 07APN1 Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices in the Federal Register. The text of the memorandum is set out below. Joseph Edlow, Deputy Director for Policy, U.S. Citizenship and Immigration Services. khammond on DSKJM1Z7X2PROD with NOTICES Memorandum on Extending the WindDown Period for Deferred Enforced Departure for Liberians Since March 1991, certain Liberian nationals and persons without nationality who last habitually resided in Liberia (collectively, ‘‘Liberians’’) have been eligible for either Temporary Protected Status (TPS) or Deferred Enforced Departure (DED), allowing them to remain in the United States when they would otherwise be removable. In a memorandum dated March 27, 2018, I determined that although conditions in Liberia had improved and no longer warranted a further extension of DED, the foreign policy interests of the United States warranted affording an orderly transition (‘‘wind-down’’) period to Liberian DED beneficiaries. In a memorandum dated March 28, 2019, I determined that an additional 12month wind-down period was appropriate. By the terms of my memorandum, the wind-down period expires on March 30, 2020. In making my determination, I noted that there were efforts underway by Members of Congress to provide legislative relief for Liberian DED beneficiaries, and that extending the wind-down period would give the Congress time to consider the propriety of enacting such legislation. On December 20, 2019, I signed the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116–92) (NDAA), which included as section 7611, the Liberian Refugee Immigration Fairness (LRIF) provision. The LRIF provision provides certain Liberians, including those who have been continuously present in the United States since November 20, 2014, as well as their spouses and children who meet the criteria of the provision, the ability to apply to adjust their status to that of United States lawful permanent resident (LPR). Eligible Liberian nationals have until December 20, 2020, to apply for adjustment of status under the LRIF provision. The LRIF provision, however, did not provide for continued employment authorization past the expiration of the existing DED wind-down period. Once the DED wind-down period expires, most covered Liberians will have no basis upon which to renew or maintain employment authorization before applying to adjust their status. VerDate Sep<11>2014 18:22 Apr 06, 2020 Jkt 250001 I have, therefore, determined that it is in the foreign policy interests of the United States to extend the DED winddown period for current Liberian DED beneficiaries through January 10, 2021, to facilitate uninterrupted work authorization for those currently in the United States under DED who are eligible to apply for LPR status under the LRIF provision. The relationship between the United States and Liberia is unique. Former African-American slaves were among those who founded the modern state of Liberia in 1847. Since that date, the United States has sought to honor, through bilateral diplomatic partnership, the sacrifices of individuals who suffered grievous wrongs in the United States, but who were determined to build a modern African democracy mirroring America’s representative political institutions. As President, I am conscious of this special bond. Providing those Liberians for whom we have long authorized temporary status or deferred enforced departure in the United States, and for whom the Congress has now provided the ability to adjust status to that of lawful permanent resident, with the ability to continue to work to support themselves while they complete the process to adjust their status, honors the historic, close relationship between our two countries and is in the foreign policy interests of the United States. Pursuant to my constitutional authority to conduct the foreign relations of the United States, I hereby direct the Secretary of Homeland Security to take appropriate measures to accomplish the following: (1) A continuation of the DED wind down period through January 10, 2021, during which current Liberian DED beneficiaries who satisfy the description below may remain in the United States; and (2) As part of that wind-down, continued authorization for employment through January 10, 2021, for current Liberian DED beneficiaries who satisfy the description below. This further extension of the winddown of DED and continued authorization for employment through January 10, 2021, shall apply to any current Liberian DED beneficiary, but shall not apply to Liberians in the following categories: (1) Individuals who would be ineligible for TPS for reasons set forth in section 244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)); (2) Individuals who sought or seek LPR status under the LRIF provision but whose applications have been or are PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 19501 denied by the Secretary of Homeland Security; (3) Individuals whose removal the Secretary of Homeland Security determines to be in the interest of the United States, subject to the LRIF provision; (4) Individuals whose presence or activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States; (5) Individuals who have voluntarily returned to Liberia or their country of last habitual residence outside the United States beyond the timeframe specified in subsection (c) of the LRIF provision; (6) Individuals who were deported, excluded, or removed before the date of this memorandum; or (7) Individuals who are subject to extradition. The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register. Donald J. Trump [FR Doc. 2020–07356 Filed 4–3–20; 4:15 pm] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615–0121] Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: 60-Day notice; correction. AGENCY: The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) published a document in the Federal Register of April 1, 2020 requesting public comments in connection with the collection of information titled Generic Clearance of Qualitative Feedback on Agency Service Delivery in accordance with the Paperwork Reduction Act of 1995. USCIS incorrectly identified both the Docket Identification (Docket ID) and the Office of Management and Budget Control Number in the ADDRESS section of the original Notice. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19500-19501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07356]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services


Memorandum on Extending the Wind-Down Period for Deferred 
Enforced Departure for Liberians

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Notice.

-----------------------------------------------------------------------

    A ``Memorandum on Extending the Wind-Down Period for Deferred 
Enforced Departure for Liberians'' was issued by President Trump on 
March 30, 2020. The President determined that it is in the foreign 
policy interests of the United States to extend the Deferred Enforced 
Departure (DED) wind-down period for Liberians through January 10, 
2021. The President directed the Secretary of Homeland Security to 
extend the DED wind-down period for eligible Liberians currently 
covered under DED and to provide for continued work authorization 
through January 10, 2021. The President further authorized and directed 
the Secretary of Homeland Security to publish this memorandum

[[Page 19501]]

in the Federal Register. The text of the memorandum is set out below.

Joseph Edlow,
Deputy Director for Policy, U.S. Citizenship and Immigration Services.

Memorandum on Extending the Wind-Down Period for Deferred Enforced 
Departure for Liberians

    Since March 1991, certain Liberian nationals and persons without 
nationality who last habitually resided in Liberia (collectively, 
``Liberians'') have been eligible for either Temporary Protected Status 
(TPS) or Deferred Enforced Departure (DED), allowing them to remain in 
the United States when they would otherwise be removable.
    In a memorandum dated March 27, 2018, I determined that although 
conditions in Liberia had improved and no longer warranted a further 
extension of DED, the foreign policy interests of the United States 
warranted affording an orderly transition (``wind-down'') period to 
Liberian DED beneficiaries. In a memorandum dated March 28, 2019, I 
determined that an additional 12-month wind-down period was 
appropriate. By the terms of my memorandum, the wind-down period 
expires on March 30, 2020. In making my determination, I noted that 
there were efforts underway by Members of Congress to provide 
legislative relief for Liberian DED beneficiaries, and that extending 
the wind-down period would give the Congress time to consider the 
propriety of enacting such legislation.
    On December 20, 2019, I signed the National Defense Authorization 
Act for Fiscal Year 2020 (Pub. L. 116-92) (NDAA), which included as 
section 7611, the Liberian Refugee Immigration Fairness (LRIF) 
provision. The LRIF provision provides certain Liberians, including 
those who have been continuously present in the United States since 
November 20, 2014, as well as their spouses and children who meet the 
criteria of the provision, the ability to apply to adjust their status 
to that of United States lawful permanent resident (LPR). Eligible 
Liberian nationals have until December 20, 2020, to apply for 
adjustment of status under the LRIF provision.
    The LRIF provision, however, did not provide for continued 
employment authorization past the expiration of the existing DED wind-
down period. Once the DED wind-down period expires, most covered 
Liberians will have no basis upon which to renew or maintain employment 
authorization before applying to adjust their status.
    I have, therefore, determined that it is in the foreign policy 
interests of the United States to extend the DED wind-down period for 
current Liberian DED beneficiaries through January 10, 2021, to 
facilitate uninterrupted work authorization for those currently in the 
United States under DED who are eligible to apply for LPR status under 
the LRIF provision.
    The relationship between the United States and Liberia is unique. 
Former African-American slaves were among those who founded the modern 
state of Liberia in 1847. Since that date, the United States has sought 
to honor, through bilateral diplomatic partnership, the sacrifices of 
individuals who suffered grievous wrongs in the United States, but who 
were determined to build a modern African democracy mirroring America's 
representative political institutions. As President, I am conscious of 
this special bond. Providing those Liberians for whom we have long 
authorized temporary status or deferred enforced departure in the 
United States, and for whom the Congress has now provided the ability 
to adjust status to that of lawful permanent resident, with the ability 
to continue to work to support themselves while they complete the 
process to adjust their status, honors the historic, close relationship 
between our two countries and is in the foreign policy interests of the 
United States.
    Pursuant to my constitutional authority to conduct the foreign 
relations of the United States, I hereby direct the Secretary of 
Homeland Security to take appropriate measures to accomplish the 
following:
    (1) A continuation of the DED wind down period through January 10, 
2021, during which current Liberian DED beneficiaries who satisfy the 
description below may remain in the United States; and
    (2) As part of that wind-down, continued authorization for 
employment through January 10, 2021, for current Liberian DED 
beneficiaries who satisfy the description below.
    This further extension of the wind-down of DED and continued 
authorization for employment through January 10, 2021, shall apply to 
any current Liberian DED beneficiary, but shall not apply to Liberians 
in the following categories:
    (1) Individuals who would be ineligible for TPS for reasons set 
forth in section 244(c)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1254a(c)(2)(B));
    (2) Individuals who sought or seek LPR status under the LRIF 
provision but whose applications have been or are denied by the 
Secretary of Homeland Security;
    (3) Individuals whose removal the Secretary of Homeland Security 
determines to be in the interest of the United States, subject to the 
LRIF provision;
    (4) Individuals whose presence or activities in the United States 
the Secretary of State has reasonable grounds to believe would have 
potentially serious adverse foreign policy consequences for the United 
States;
    (5) Individuals who have voluntarily returned to Liberia or their 
country of last habitual residence outside the United States beyond the 
timeframe specified in subsection (c) of the LRIF provision;
    (6) Individuals who were deported, excluded, or removed before the 
date of this memorandum; or
    (7) Individuals who are subject to extradition.
    The Secretary of Homeland Security is authorized and directed to 
publish this memorandum in the Federal Register.

Donald J. Trump

[FR Doc. 2020-07356 Filed 4-3-20; 4:15 pm]
 BILLING CODE 9111-97-P
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