Extension and Redesignation of South Sudan for Temporary Protected Status, 12190-12201 [2022-04573]
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12190
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2712–22; DHS Docket No. USCIS–
2014–004]
RIN 1615–ZB79
Extension and Redesignation of South
Sudan for Temporary Protected Status
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice.
AGENCY:
Through this notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
extending the designation of South
Sudan for Temporary Protected Status
(TPS) for 18 months, from May 3, 2022,
through November 3, 2023, and
redesignating South Sudan for 18
months, effective May 3, 2022, through
November 3, 2023. The extension allows
currently eligible TPS beneficiaries to
retain TPS through November 3, 2023,
so long as they otherwise continue to
meet the eligibility requirements for
TPS. The redesignation of South Sudan
allows additional individuals who have
been continuously residing in the
United States since March 1, 2022, to
obtain TPS, if otherwise eligible.
DATES: Extension of Designation of
South Sudan for TPS: The 18-month
extension of the TPS designation of
South Sudan is effective May 3, 2022,
and will remain in effect through
November 3, 2023. The 60-day reregistration period for existing
beneficiaries runs from March 3, 2022,
through May 2, 2022. (Note: It is
important for re-registrants to timely reregister during this 60-day period and
not to wait until their Employment
Authorization Documents (EADs)
expire, which could result in their
having gaps in their employment
authorization documentation.)
Redesignation of South Sudan for
TPS: The 18-month redesignation of
South Sudan for TPS is effective May 3,
2022, and will remain in effect through
November 3, 2023. The initial
registration period for new applicants
under the South Sudan TPS
redesignation begins on March 3, 2022,
and will remain in effect through
November 3, 2023.
FOR FURTHER INFORMATION CONTACT:
• You may contact Rena´ CutlipMason, Chief, Humanitarian Affairs
Division, Office of Policy and Strategy,
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SUMMARY:
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U.S. Citizenship and Immigration
Services, U.S. Department of Homeland
Security, by mail at 5900 Capital
Gateway Drive, Camp Springs, MD
20746, or by phone at 800–375–5283.
• For further information on TPS,
including guidance on the registration
and re-registration process and
additional information on eligibility,
please visit the USCIS TPS web page at
https://www.uscis.gov/tps. You can find
specific information about this
extension of South Sudan’s TPS
designation by selecting ‘‘South Sudan’’
from the menu on the left side of the
TPS web page.
• If you have additional questions
about TPS, please visit uscis.gov/tools.
Our online virtual assistant, Emma, can
answer many of your questions and
point you to additional information on
our website. If you are unable to find
your answers there, you may also call
our USCIS Contact Center at 800–375–
5283 (TTY 800–767–1833).
• Applicants seeking information
about the status of their individual cases
may check Case Status Online, available
on the USCIS website at https://
www.uscis.gov, or visit the USCIS
Contact Center at uscis.gov/
contactcenter.
• Further information will also be
available at local USCIS offices upon
publication of this notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA—Board of Immigration Appeals
CFR—Code of Federal Regulations
DHS—U.S. Department of Homeland
Security
DOS—U.S. Department of State
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
Form I–765—Application for Employment
Authorization
Form I–797—Notice of Action
Form I–821—Application for Temporary
Protected Status
Form I–9—Employment Eligibility
Verification
Form I–912—Request for Fee Waiver
Form I–94—Arrival/Departure Record
FR—Federal Register
Government—U.S. Government
IER—U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee Rights
Section
IJ—Immigration Judge
INA—Immigration and Nationality Act
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
TNC—Tentative Nonconfirmation
TPS—Temporary Protected Status
TTY—Text Telephone
USCIS—U.S. Citizenship and Immigration
Services
U.S.C.—United States Code
Through this notice, DHS sets forth
procedures necessary for eligible
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nationals of South Sudan (or
individuals having no nationality who
last habitually resided in South Sudan)
to (1) re-register for TPS and to apply for
renewal of their EADs with USCIS or (2)
submit an initial registration application
under the redesignation and apply for
an EAD.
Re-registration is limited to
individuals who have previously
registered for TPS under a prior
designation of South Sudan and whose
applications have been granted. Failure
to re-register properly may result in the
withdrawal of your TPS following
appropriate procedures. See 8 CFR
244.14.
For individuals who have already
been granted TPS under South Sudan’s
designation, the 60-day re-registration
period runs from March 3, 2022,
through May 2, 2022. USCIS will issue
new EADs with a November 3, 2023,
expiration date to eligible South
Sudanese TPS beneficiaries who timely
re-register and apply for EADs. Given
the time frames involved with
processing TPS re-registration
applications, DHS recognizes that not
all re-registrants may receive new EADs
before their current EADs expire on May
2, 2022. Accordingly, through this
Federal Register notice, DHS
automatically extends the validity of
EADs previously issued under the TPS
designation of South Sudan for 180
days, through November 1, 2022.
Therefore, TPS beneficiaries can show
their EADs with: (1) A May 2, 2022,
expiration date on the face of the card
and (2) an A–12 or C–19 category code
as proof of continued employment
authorization through November 1,
2022. This notice explains how TPS
beneficiaries and their employers may
determine which EADs are
automatically extended and how this
affects the Form I–9, Employment
Eligibility Verification, E-Verify, and
USCIS Systematic Alien Verification for
Entitlements (SAVE) processes.
Individuals who have a South Sudan
TPS application (Form I–821) and/or
Application for Employment
Authorization (Form I–765) that was
still pending as of March 3, 2022, do not
need to file either application again. If
USCIS approves an individual’s Form I–
821, USCIS will grant the individual
TPS through November 3, 2023.
Similarly, if USCIS approves a pending
TPS-related Form I–765, USCIS will
issue the individual a new EAD that
will be valid through the same date.
There are currently approximately 97
beneficiaries under South Sudan’s TPS
designation.
Under the redesignation, individuals
who currently do not have TPS may
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submit an initial application during the
initial registration period that runs from
March 3, 2022, and runs through the full
length of the redesignation period
ending November 3, 2023.1 In addition
to demonstrating continuous residence
in the United States since March 1, 2022
and meeting other eligibility criteria,
initial applicants for TPS under this
redesignation must demonstrate that
they have been continuously physically
present in the United States since March
3, 2022, the effective date of this
redesignation of South Sudan, before
USCIS may grant them TPS. The DHS
Office of Immigration Statistics has
estimated that approximately 235
individuals may become newly eligible
for TPS under the redesignation of
South Sudan.
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What is temporary protected status
(TPS)?
• TPS is a temporary immigration
status granted to eligible nationals of a
country designated for TPS under the
INA, or to eligible individuals without
nationality who last habitually resided
in the designated country.
1 In general, individuals must be given an initial
registration period of no less than 180 days to
register for TPS, but the Secretary has discretion to
provide for a longer registration period. See 8 U.S.C.
1254a(c)(1)(A)(iv). Historically, the length of the
initial registration period has varied. Compare 66
FR 14214 (March 9, 2001) (18 months initial
registration period for applicants under TPS
designation for El Salvador) with 80 FR 36346 (June
24, 2015) (180-day initial registration period for
applicants under TPS designation for Nepal). In
recent years, this period has generally been limited
to the statutory minimum of 180 days, although
later extensions of the initial registration period
have also been announced for some countries. See,
e.g., 81 FR 4051 (Jan. 25, 2016) (setting 180-day
initial registration period during extension and
redesignation of South Sudan for TPS); 78 FR 1866
(Jan. 9, 2013) (setting 180-day initial registration
period during extension and redesignation of Sudan
for TPS); 75 FR 39957 (July 13, 2010) (extension of
previously announced initial 180-day registration
period for Haiti TPS applicants to allow more time
for individuals to apply). After evaluating whether
to limit the initial registration period for TPS under
this new designation of South Sudan to the
statutory minimum of 180 days, DHS has
determined that it will provide the full 18 months
of this designation for applicants to file their initial
registration Form I–821 and, if desired, Form I–765
to obtain employment authorization
documentation. Limiting the initial registration
period to 180 days may place a burden on
applicants who may be otherwise eligible for TPS.
In addition, permitting registration throughout the
entirety of the designation period could reduce the
operational burden on USCIS, as incoming
applications may be spread out over a longer period
of time. This extended registration period is both
in keeping with the humanitarian purpose of TPS
and will better advance the goal of ensuring ‘‘the
Federal Government eliminates sources of fear and
other barriers that prevent immigrants from
accessing government services available to them.’’
See Executive Order 14012, Restoring Faith in Our
Legal Immigration Systems and Strengthening
Integration and Inclusion Efforts for New
Americans, 86 FR 8277 (Feb. 5, 2021).
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• During the TPS designation period,
TPS beneficiaries are eligible to remain
in the United States, may not be
removed, and are authorized to obtain
EADs so long as they continue to meet
the requirements of TPS.
• TPS beneficiaries may also apply
for and be granted travel authorization
as a matter of discretion. Upon return
from such authorized travel, TPS
beneficiaries retain the same
immigration status they had prior to the
travel.
• To qualify for TPS, beneficiaries
must meet the eligibility standards at
INA section 244(c)(1)–(2), 8 U.S.C.
1254a(c)(1)–(2).
• When the Secretary terminates a
country’s TPS designation, beneficiaries
return to one of the following:
Æ The same immigration status or
category that they maintained before
TPS, if any (unless that status or
category has since expired or been
terminated); or
Æ Any other lawfully obtained
immigration status or category they
received while registered for TPS, as
long as it is still valid beyond the date
TPS terminates.
When was South Sudan designated for
TPS?
South Sudan was initially designated
on October 13, 2011, on the dual bases
of ongoing armed conflict and
extraordinary and temporary conditions
in South Sudan that prevented nationals
of South Sudan from safely returning.
See Designation of Republic of South
Sudan for Temporary Protected Status,
76 FR 63629 (Oct. 13, 2011). Following
the initial designation, the Secretary
extended and redesignated South Sudan
for TPS in 2013, 2014, and 2016. See
Extension and Redesignation of South
Sudan for Temporary Protected Status,
78 FR 1866 (Jan. 9, 2013); Extension and
Redesignation of South Sudan for
Temporary Protected Status, 79 FR
52019 (Sept. 2, 2014); Extension and
Redesignation of South Sudan for
Temporary Protected Status, 81 FR 4051
(Jan. 25, 2016). In 2017 and 2019, DHS
extended TPS for South Sudan, based
on ongoing armed conflict and
extraordinary and temporary conditions.
See Extension of South Sudan for
Temporary Protected Status, 82 FR
44205 (Sept. 21, 2017); Extension of the
Designation of South Sudan for
Temporary Protected Status, 84 FR
13688 (Apr. 5, 2019). Most recently, in
2020, DHS extended South Sudan’s TPS
designation for 18 months, based on
ongoing armed conflict and
extraordinary and temporary conditions.
See Extension of the Designation of
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12191
South Sudan for Temporary Protected
Status, 85 FR 69344 (Nov. 2, 2020).
What authority does the Secretary have
to extend the designation of South
Sudan for TPS?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
agencies of the U.S. Government
(Government), to designate a foreign
state (or part thereof) for TPS if the
Secretary determines that certain
country conditions exist.2 The decision
to designate any foreign state (or part
thereof) is a discretionary decision, and
the TPS statute states that there is no
judicial review of any determination
with respect to the designation,
extension, or termination of a
designation.3 The Secretary, in their
discretion, may then grant TPS to
eligible nationals of that foreign state (or
individuals having no nationality who
last habitually resided in the designated
country). See INA section 244(a)(1)(A),
8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration
of a country’s TPS designation or
extension, the Secretary, after
consultation with appropriate
Government agencies, must review the
conditions in the foreign state
designated for TPS to determine
whether the conditions for the TPS
designation continue to be met. See INA
section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). If the Secretary does not
determine that the foreign state no
longer meets the conditions for TPS
designation, the designation will be
extended for an additional period of 6
months or, in the Secretary’s discretion,
12 or 18 months. See INA section
244(b)(3)(A), (C), 8 U.S.C.
1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no
longer meets the conditions for TPS
designation, the Secretary must
terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
2 As of March 1, 2003, in accordance with section
1517 of title XV of the Homeland Security Act of
2002, Public Law 107–296, 116 Stat. 2135, any
reference to the Attorney General in a provision of
the INA describing functions transferred from the
Department of Justice to DHS ‘‘shall be deemed to
refer to the Secretary’’ of Homeland Security. See
6 U.S.C. 557 (codifying the Homeland Security Act
of 2002, tit. XV, section 1517).
3 See INA, section 244(b)(5)(A). This issue of
judicial review is the subject of litigation. See, e.g.,
Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020),
petition for en banc rehearing filed Nov. 30, 2020
(No. 18–16981); Saget v. Trump, 375 F. Supp. 3d
280 (E.D.N.Y. 2019).
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What is the Secretary’s authority to
redesignate South Sudan for TPS?
In addition to extending an existing
TPS designation, the Secretary, after
consultation with appropriate
Government agencies, may redesignate a
country (or part thereof) for TPS. See
section 244(b)(1) of the Act, 8 U.S.C.
1254a(b)(1); see also section
244(c)(1)(A)(i) of the Act, 8 U.S.C.
1254a(c)(1)(A)(i) (requiring that ‘‘the
alien has been continuously physically
present since the effective date of the
most recent designation of the state’’)
(emphasis added).4
When the Secretary designates or
redesignates a country for TPS, the
Secretary also has the discretion to
establish the date from which TPS
applicants must demonstrate that they
have been ‘‘continuously resid[ing]’’ in
the United States. See section
244(c)(1)(A)(ii) of the Act, 8 U.S.C.
1254a(c)(1)(A)(ii). The Secretary has
determined that the ‘‘continuous
residence’’ date for applicants for TPS
under the redesignation of South Sudan
shall be March 1, 2022. Initial
applicants for TPS under this
redesignation must also show they have
been ‘‘continuously physically present’’
in the United States since March 3,
2022, which is the effective date of the
Secretary’s redesignation, of South
Sudan. See section 244(c)(1)(A)(i) of the
Act, 8 U.S.C. 1254a(c)(1)(A)(i). For each
initial TPS application filed under the
redesignation, the final determination of
whether the applicant has met the
‘‘continuous physical presence’’
requirement cannot be made until
March 3, 2022. USCIS, however, will
issue employment authorization
documentation, as appropriate, during
the registration period in accordance
with 8 CFR 244.5(b).
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Why is the Secretary extending the TPS
designation for South Sudan and
simultaneously redesignating South
Sudan for TPS through November 3,
2023?
DHS has reviewed country conditions
in South Sudan. Based on the review,
including consultation with the
Department of State (DOS), the
Secretary has determined that an 18month extension is warranted because
the ongoing armed conflict and
4 The extension and redesignation of TPS for
South Sudan is one of several instances in which
the Secretary and, prior to the establishment of
DHS, the Attorney General, have simultaneously
extended a country’s TPS designation and
redesignated the country for TPS. See, e.g., 76 FR
29000 (May 19, 2011) (extension and redesignation
for Haiti); 69 FR 60168 (Oct. 7, 2004) (extension and
redesignation for Sudan); 62 FR 16608 (Apr. 7,
1997) (extension and redesignation for Liberia).
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extraordinary and temporary conditions
supporting South Sudan’s TPS
designation persist. The Secretary has
further determined that the conditions
support redesignating South Sudan for
TPS under section 244(b)(1)(A) and (C)
of the Act and is changing the
‘‘continuous residence’’ and
‘‘continuous physical presence’’ dates
that applicants must meet to be eligible
for TPS. Armed conflict and
extraordinary and temporary conditions
in South Sudan persist. Armed conflict
poses a serious threat to the safety of
returning nationals in South Sudan.
Despite a 2018 ceasefire of South
Sudan’s civil war, ongoing fighting
between the major armed groups
continue to result in violence against
civilians, including civilian casualties
and gender-based violence, in several
large areas of the country. Extraordinary
and temporary conditions that further
prevent South Sudanese nationals from
returning in safety include an
exceptional level of intercommunal
violence, a humanitarian crisis
involving severe food insecurity, recordsetting flooding, and large-scale
displacement of civilians.
Since February 2020, limited
implementation of the September 2018
Revitalized Agreement on the
Resolution of the Conflict in the
Republic of South Sudan (R–ARCSS) 5
‘‘has hindered improvements in the
protection of civilians and prospects for
long-term peace’’ in South Sudan.6
Moreover, ongoing political disputes
and disagreements between the two
main signatories—the Sudan People’s
Liberation Movement (SPLM), led by
President Salva Kiir Mayardit, and the
Sudan People’s Liberation MovementArmy in Opposition (SPLM/A–IO), led
by the First Vice-President, Riek Machar
Teny, ‘‘has widened existing political,
military and ethnic divisions in the
5 The Revitalized Agreement on the Resolution of
the Conflict in the Republic of South Sudan (R–
ARCSS) was signed on September 12, 2018 by
President Kiir, current First Vice President Riek
Machar Teny, and other representatives of certain
opposition groups. A prior peace agreement was
signed in 2015 and a unity government was formed;
however, fighting ensued between the parties in
July 2016 and Machar left South Sudan shortly
thereafter. The R–ARCSS addresses various
political, security, and transitional justice issues,
including the establishment of a unity government.
However, not all of South Sudan’s opposition
leaders signed the agreement, including a key
opposition group, the National Salvation Front
(NAS). South Sudan Security Situation, EASO,
April 24, 2020, pg. 3, available at: https://
www.ecoi.net/en/file/local/2028851/2020_04_Q8_
COI_South_Sudan_Security_Situation.pdf.
6 Panel of Experts on South Sudan, United
Nations (UN) Security Council, April 15, 2021, pg.
2, available at: https://reliefweb.int/report/southsudan/final-report-panel-experts-south-sudansubmitted-pursuant-resolution-2521-2020.
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country and has led to multiple
incidents of violence’’ between the two
parties.7 Political divisions among the
non-signatories 8 to the R–ARCSS have
also not been resolved.9 Moreover, the
SPLM/A–IO has begun to break apart
and new splinter groups have formed,10
resulting in increased violence.11
Thus, South Sudan faces increasing
violence 12 from both government
security forces and armed groups.13 In
2020, the United Nations (UN) and
international organizations reported on
‘‘widespread killings, mutilations, and
sexual violence, disproportionately
committed by government forces but
also by the National Salvation Front 14
(NAS), a key opposition group.’’ 15 In
March 2021, the UN Commission on
Human Rights in South Sudan noted
that armed clashes at the local level also
resulted in the mass displacement of the
civilian population, particularly women
and girls.16 Children are among those
7 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 2, available at: https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
8 Previously united under one umbrella group—
the South Sudan Opposition Movements Alliance—
non-signatories of the R–ARCSS have divided into
two factions, one led by General Thomas Cirillo
Swaka, the leader of the National Salvation Front
(‘‘NAS’’), and another led by General Pagan Amum
and General Paul Malong Awan Anei. Panel of
Experts on South Sudan, UN Security Council,
April 15 2021, pg. 9, available at: https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
9 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 9, available at: https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
10 See id.
11 SURFACE TENSION: ‘COMMUNAL’
VIOLENCE AND ELITE AMBITIONS IN SOUTH
SUDAN, ACLED, August 19, 2021, available at:
https://acleddata.com/2021/08/19/surface-tensioncommunal-violence-and-elite-ambitions-in-southsudan/.
12 See id.
13 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 15, available at: https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
14 The opposition group NAS is led by General
Thomas Cirillo Swaka, and has maintained a
significant security presence and support in Central
Equatoria. NAS is not a signatory to the R–ARCSS,
maintaining that the root causes of the conflict in
South Sudan have not been addressed in the peace
agreement. See Final report of the Panel of Experts
on South Sudan, UN Security Council, April 28,
2020, pg. 16, available at: https://reliefweb.int/
report/south-sudan/final-report-panel-expertssouth-sudan-submitted-pursuant-resolution-25212020.
15 2020 Country Reports on Human Rights
Practices: South Sudan, U.S. Department of State,
March 31, 2021, section 1, available at: https://
www.state.gov/reports/2020-country-reports-onhuman-rights-practices/south-sudan/.
16 Report of the Commission on Human Rights in
South Sudan, UN Human Rights Council, February
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feeling the greatest impact of this
violence, which—along with other
factors—is exposing them to protection
risks and life-threatening diseases.17
Moreover, sexual violence—including
rape, gang rape, abduction, sexual
slavery, and sexual mutilation remain
‘‘consistent features of the conflict in
South Sudan since 2013, and are now
being replicated in conflict at the local
level.’’ 18
Humanitarian organizations in South
Sudan continue to face security and
bureaucratic barriers that affect the
delivery of and access to humanitarian
aid and pose ‘‘serious personal risks to
aid workers.’’ 19
Moreover, in 2021, ‘‘widespread
flooding, ongoing violence, and
subsequent displacement continued to
deepen humanitarian needs in South
Sudan.’’ 20 As a result, South Sudan is
also facing ‘‘one of the direst food crises
the country has faced since its
independence in 2011.’’ 21 Chronic food
shortages, a deepening economic crisis,
insecurity, and limited agricultural
production have led to high levels of
acute malnutrition.22 South Sudan’s
health care infrastructure also remains
inadequate.23 Facilities are limited,
often inaccessible, and facing staffing
shortages amongst ongoing insecurity
and violence.24
4, 2021, pg. 14, available at: https://www.ecoi.net/
en/file/local/2046934/A_HRC_46_53_E.pdf.
17 South Sudan Humanitarian Situation Report,
UN Children’s Fund (UNICEF), December 30, 2021,
pg. 2, available at: https://reliefweb.int/report/
south-sudan/unicef-south-sudan-humanitariansituation-report-no-163-1-30-november-2021.
18 Report of the Commission on Human Rights in
South Sudan, UN Human Rights Council, February
4, 2021, pg. 14; available at: https://www.ecoi.net/
en/file/local/2046934/A_HRC_46_53_E.pdf.
19 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 16, available at: https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
20 Situation in South Sudan; Report of the
Secretary-General, UN Security Council, December
7, 2021 pg. 5, available at: https://www.ecoi.net/en/
file/local/2065323/S_2021_1015_E.pdf.
21 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 15, available at: https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
22 South Sudan Humanitarian Fund Annual
Report 2020, UN Office for the Coordination of
Humanitarian Affairs (UNOCHA), July 6, 2021, pg.
7, available at: https://reliefweb.int/report/southsudan/south-sudan-humanitarian-fund-annualreport-2020.
23 South Sudan—Strengthening primary health
care in fragile settings, World Health Organization,
May 20, 2021, available at: https://www.who.int/
news-room/feature-stories/detail/south-sudan-2021.
24 South Sudan—Strengthening primary health
care in fragile settings, World Health Organization,
May 20, 2021, available at: https://www.who.int/
news-room/feature-stories/detail/south-sudan-2021.
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Numbers at a Glance
The United States Agency for
International Development (USAID)
provided the following key statistics for
South Sudan in a January 19, 2022 Fact
Sheet: 25
• Number of people in need of
Humanitarian Assistance:
8,300,000 26 (per UN Office for the
Coordination of Humanitarian Affairs
(UNOCHA) as of March 2021)
• Number of estimated internally
displaced persons (IDPs): 2,000,000
(per UNOCHA as of January 2022)
• Number of people affected by ongoing
floods since May 2021: 835,000 (per
UNOCHA as of January 2022)
• Estimated number of refugees from
South Sudan in neighboring
countries: 2,300,000 (per Office of the
UN High Commissioner for Refugees
(UNHCR) as of November 2021)
Security Situation
In June 2021, the UN reported that
‘‘the overall implementation of the R–
ARCSS is progressing slowly.’’ 27
Political gridlock over implementation
of the political and security aspects of
the R–ARCSS have also contributed to
insecurity in South Sudan.28 The UN
further assessed that weak or absent
State governance has allowed
‘‘perennial communal and ethnic
cleavages,’’ while entrenched insecurity
contributes to a vicious cycle of
livestock raiding and subsequent food
insecurity. A weakened rule of law and
flagging economic conditions have
resulted in increased criminality and
the targeting of humanitarian workers.29
The lack of adequate financial
resources and logistical support for the
25 South Sudan—Crisis, Fact Sheet #2 Fiscal Year
2022, U.S. Agency for International Development
(USAID), January 19, 2022, available at: https://
reliefweb.int/report/south-sudan/south-sudancomplex-emergency-fact-sheet-2-fiscal-year-fy-2022.
26 According to UNOCHA, as of January 2021 the
total population of South Sudan is 12.1 million.
South Sudan—Crisis, Fact Sheet #2 Fiscal Year
2022, USAID, January 19, 2022, available at: https://
reliefweb.int/report/south-sudan/south-sudancomplex-emergency-fact-sheet-2-fiscal-year-fy-2022.
27 Marking a Decade of Independence, South
Sudan Faces Slow Progress, Lingering Violence,
Secretary-General’s Special Representative Tells
Security Council, UN Security Council, June 22,
2021, available at: https://reliefweb.int/report/
south-sudan/marking-decade-independence-southsudan-faces-slow-progress-lingering-violence.
28 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 2, available at: https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
29 Marking a Decade of Independence, South
Sudan Faces Slow Progress, Lingering Violence,
Secretary-General’s Special Representative Tells
Security Council, UN Security Council, June 22,
2021, available at: https://reliefweb.int/report/
south-sudan/marking-decade-independence-southsudan-faces-slow-progress-lingering-violence.
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unification, training, and deployment of
the South Sudan armed forces, as
outlined in the R–ARCSS, remains a
significant security challenge.30 A key
component of the R–ARCSS is the longterm garrisoning (cantonment),
registration, screening, selection,
training and redeployment of opposition
forces and the creation of a unified army
of 83,000 soldiers. South Sudanese
military cantonment sites and training
centers 31 have made little progress in
establishing a unified force, further
contributing to a security vacuum in the
country.32 Security forces in the few
cantonment sites often lack access to
basic services, such as food, water,
sanitation and health care.33 In addition,
the proliferation and availability of
small amounts of ammunition across
South Sudan 34 has ‘‘enabled armed
groups not associated with government
security forces, such as local militias
and cattle-raiding groups, to perpetuate
instability’’ in the country.35
The U.S. Department of State noted in
its 2020 Country Reports on Human
Rights Practices for South Sudan that:
The United Nations, international ceasefire monitors, human rights organizations,
and media reported the government, or its
agents, committed numerous arbitrary or
unlawful killings. Security forces, opposition
forces, armed militias affiliated with the
government and the opposition, and
ethnically based groups were also
responsible for widespread extrajudicial
killings.36
Moreover, in 2020, ongoing violence
in Jonglei and the Greater Pibor
Administration Area was ‘‘the worst
30 Report of the Commission on Human Rights in
South Sudan, UN Human Rights Council, March 4,
2021, pg. 4, available at: https://www.ecoi.net/en/
file/local/2046934/A_HRC_46_53_E.pdf.
31 Report of the Commission on Human Rights in
South Sudan, United Nations General Assembly,
January 31, 2020, pg. 6, available at: https://
www.ecoi.net/en/file/local/2025863/A_HRC_43_56_
E.pdf.
32 Report of the Commission on Human Rights in
South Sudan, UN Human Right Council, March 4,
2021, pg. 13, available at: https://www.ecoi.net/en/
file/local/2046934/A_HRC_46_53_E.pdf.
33 Report of the Commission on Human Rights in
South Sudan [A/HRC/46/53] UN Human Rights
Council, March 4, 2021, pg. 4, available at: https://
www.ecoi.net/en/file/local/2046934/A_HRC_46_53_
E.pdf.
34 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 21, available at: https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
35 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 21, available at: https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
36 2020 Country Reports on Human Rights
Practices: South Sudan, U.S. Department of State,
March 31, 2021, section 1, available at: https://
www.state.gov/reports/2020-country-reports-onhuman-rights-practices/south-sudan/.
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recorded since the outbreak of the
national conflict in South Sudan in
December 2013, with waves of attacks
and reprisals that left hundreds of South
Sudanese women, men and children
dead, maimed or destitute.’’ 37 In March
2021, the UN Commission on Human
Rights in South Sudan assessed that
‘‘gross human rightsviolations and
abuses amounting to serious violations
of international humanitarian law were
committed in the context of localized
conflicts by armed militias affiliated to
the primary parties in conflict—the
South Sudan People’s Defence Forces
(SSPDF) and the Sudan People’s
Liberation Movement—In Opposition
(SPLA–IO).’’ 38 These acts included
those’’:
perpetrated against civilians, includ[ing]
abductions, forced recruitment (including of
children), murder, sexual violence, illtreatment, looting and the unnecessary
destruction of property. Many of these
attacks revealed a shocking disregard for
civilian lives.39
In 2021, Upper Nile, Warrap, Lakes,
Central Equatoria, and Western
Equatoria states were particularly
affected by violence ‘‘resulting in
displacement, increased protection risks
and rights violations, as well as
diminished humanitarian access.’’ 40
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Violence Against Children
Children in South Sudan continued to
be victims of what the Office of the
Special Representative of the Secretary
General for Children and Armed
Conflict refers to as ‘‘grave violations’’
against children.41 According to the UN
Security Council’s 2021 Children and
Armed Conflict in South Sudan report,
children were recruited by the SPLM/
A–IO and the SSPDF.42 In addition,
37 Report of the Commission on Human Rights in
South Sudan UN Human Rights Council, March 4,
2021, pg. 7, available at: https://www.ecoi.net/en/
file/local/2046934/A_HRC_46_53_E.pdf.
38 Report of the Commission on Human Rights in
South Sudan, UN Human Rights Council, March 4,
2021, pg. 9, available at: https://www.ecoi.net/en/
file/local/2046934/A_HRC_46_53_E.pdf.
39 Id.
40 Situation in South Sudan, UN Security
Council, September 9, 2021, pg. 4, available at:
https://www.ecoi.net/en/file/local/2060682/S_
2021_784_E.pdf.
41 To better monitor, prevent, and end these
attacks, the United Nations Security Council
hasidentified and condemned six grave violations
against children in times of war: Killing and
maiming of children; recruitment or use of children
in armed forces and armed groups; attacks on
schools or hospitals; rape or other grave sexual
violence; abduction of children; and denial of
humanitarian access for children, The Six Grave
Violations, Office of the Special Representative of
the Secretary General for Children and Armed
Conflict, https://childrenandarmedconflict.un.org/
six-grave-violations/ (last visited on January 13,
2022).
42 Id.
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hundreds of girls and boys continue to
be abducted.43 Perpetrators of child
abduction included the NAS, SPLM/A–
IO, and SSPDF.44 Child abuse, including
sexual abuse, was reportedly also
widespread in South Sudan.45
Sexual and Gender-Based Violence
Sexual and gender-based violence
remains a ‘‘hallmark of the conflict in
South Sudan.’’ 46 In February 2021, the
UN Commission on Human Rights in
South Sudan reported that:
As of September 2020, South Sudan had
seen an estimated 88 percent increase in the
number of women victims of conflict-related
sexual violence since the previous quarter
and a 119 percent rise in the number of
abductions since the previous quarter. The
upsurge in localized conflict in Central
Equatoria (Yei and surrounding areas),
Jonglei and the Greater Pibor Administrative
Area and Warrap (Tonj West and North) saw
women and girls targeted by all sides.47
In addition, rural communities often
abducted women and children during
cattle raids.48 Girls who are abducted
have been reportedly ‘‘forced into
sexual slavery, tortured and repeatedly
gang raped.’’ 49 According to credible
reports, perpetrators of forced marriage
and sexual violence include security
forces, community-based militias, civil
defense groups, and other armed
groups.50
Humanitarian Situation
In 2020, continued violence,
particularly in Jonglei, Warrap, and the
Greater Equatoria region resulted in
‘‘sustained mass population
43 Report of the Commission on Human Rights in
South Sudan, United Nations General Assembly,
February 4, 2021, pg. 7, available at: https://
reliefweb.int/report/south-sudan/reportcommission-human-rights-south-sudan-ahrc4653.
44 Children and armed conflict in South Sudan,
United Nations Security Council, May 6, 2021, pg.
21, available at: https://www.un.org/ga/search/
view_doc.asp?symbol=S/2021/
437&Lang=E&Area=UNDOC.
45 2020 Country Reports on Human Rights
Practices: South Sudan, U.S. Department of State,
March 31, 2021, section 5, available at: https://
www.state.gov/reports/2020-country-reports-onhuman-rights-practices/south-sudan/.
46 Report of the Commission on Human Rights in
South Sudan, UN Human Rights Council, February
4, 2021, pg. 13, https://www.ecoi.net/en/file/local/
2046934/A_HRC_46_53_E.pdf.
47 Id.
48 2020 Country Reports on Human Rights
Practices: South Sudan, U.S. Department of State,
March 31, 2021, section 5, available at: https://
www.state.gov/reports/2020-country-reports-onhuman-rights-practices/south-sudan/.
49 Report of the Commission on Human Rights in
South Sudan, United Nations General Assembly,
February 4, 2021, pg. 7, https://reliefweb.int/report/
south-sudan/report-commission-human-rightssouth-sudan-ahrc4653.
50 UNHCR Position on Returns to South Sudan,
UNHCR, October 2021, pg. 7, https://
www.refworld.org/pdfid/617676f04.pdf.
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displacement, both within the country
and into neighboring countries, and
high levels of humanitarian and
protection needs.’’ 51 Insecurity and
COVID-related restrictions also further
hampered humanitarian organizations’
ability to deploy and respond to medical
and other emergency needs in the
area.52
In January 2021, UNOCHA assessed
that ‘‘more people in South Sudan than
ever are in need of humanitarian
assistance,’’ resulting in an ‘‘estimated
8.5 million people, over two thirds of
the population, in need of humanitarian
assistance, compared to 7.5 million in
2020 and 7.1 million in 2019.’’ 53 South
Sudan is also facing high levels of food
insecurity and violence, coupled with
flooding and the impact of the COVID–
19 pandemic.54
Displacement
Civilians faced significant conflictrelated forced displacement in South
Sudan.55 In August 2020, UNOCHA
estimated that since February 2020,
157,000 people had been displaced in
several counties in Jonglei state, as a
result of the ongoing violence and
revenge attacks among the warring
parties.56 In 2021, fighting between
armed forces, ongoing violence, and
cattle raids in Central and Western
Equatoria, Jonglei, the Greater Pibor
Administrative Area and Upper Nile
states ‘‘uprooted people and disrupted
humanitarian activities.’’ 57 In Western
Equatoria, an estimated 80,000 people
51 2020 Country Reports on Human Rights
Practices: South Sudan, U.S. Department of State,
March 31, 2021, section 5, available at: https://
www.state.gov/reports/2020-country-reports-onhuman-rights-practices/south-sudan/.
52 South Sudan—Violence, floods, displacement
in Jonglei, European Civil Protection and
Humanitarian Aid Operations, August 11, 2020,
available at: https://reliefweb.int/report/southsudan/south-sudan-violence-floods-displacementjonglei-dg-echo-ocha-media-echo-daily.
53 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 16, https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
54 Situation in South Sudan, UN Security
Council, September 9, 2021, pg. 6, https://
www.ecoi.net/en/file/local/2060682/S_2021_784_
E.pdf.
55 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 25, https://
reliefweb.int/report/south-sudan/final-report-panelexperts-south-sudan-submitted-pursuantresolution-2521-2020.
56 South Sudan—Violence, floods, displacement
in Jonglei, European Civil Protection and
Humanitarian Aid Operations, August 11, 2020,
https://reliefweb.int/report/south-sudan/southsudan-violence-floods-displacement-jonglei-dgecho-ocha-media-echo-daily.
57 Situation in South Sudan, UN Security
Council, September 9, 2021, pg. 6–7, https://
www.ecoi.net/en/file/local/2060682/S_2021_784_
E.pdf.
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were displaced in Tambura country.58
In early July 2021, fighting in Warrap
state displaced around 10,000 people
and left hundreds without any shelter.59
In Upper Nile, in August 2021, fighting
among factions of SPLM/A–IO
displaced some 2,000 people.60
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Food Insecurity 61 and Floods
South Sudan remains one of the most
food-insecure countries in the world.62
The overall food security situation
deteriorated towards the end of 2020.63
Between April and July 2021, an
estimated 7.2 million people, 60 percent
of the population, faced high levels of
acute food insecurity.64 Malnutrition in
particular remains a pressing issue in
South Sudan, with approximately 1.9
million women and children acutely
malnourished.65 Malnutrition levels
among children under five years of age
are above emergency thresholds in
many parts of the country, and 1.4
million children are estimated to be
acutely malnourished.66 The main
factors driving food insecurity and
malnourishment are the ongoing
conflicts, flooding, and COVID–19.67
58 Situation in South Sudan; Report of the
Secretary-General, UN Security Council, December
7, 2021, pg. 5, https://www.ecoi.net/en/file/local/
2065323/S_2021_1015_E.pdf.
59 Situation in South Sudan, UN Security
Council, September 9, 2021, pg. 6, https://
www.ecoi.net/en/file/local/2060682/S_2021_784_
E.pdf.
60 Id. at pg. 7.
61 According to the Food and Agriculture
Organization of the United Nations (FAO), the lack
of ‘‘regular access to enough safe and nutritious
food for normal growth and development and an
active and healthy life. This may be due to
unavailability of food and/or lack of resources to
obtain food. Food insecurity can be experienced at
different levels of severity.’’ Hunger and food
security, Food and Agriculture Organization of the
United Nations (FAO), https://www.fao.org/hunger/
glossary (last visited January 13, 2022).
62 South Sudan Humanitarian Fund Annual
Report 2020, UNOCHA, July 6, 2021, pg. 7,
available at https://reliefweb.int/report/southsudan/south-sudan-humanitarian-fund-annualreport-2020.
63 South Sudan Humanitarian Fund Annual
Report 2020, UNOCHA, July 6, 2021, pg. 7,
available at https://reliefweb.int/report/southsudan/south-sudan-humanitarian-fund-annualreport-2020.
64 Situation in South Sudan, UN Security
Council, September 9, 2021, pg. 6, available at
https://www.ecoi.net/en/file/local/2060682/S_
2021_784_E.pdf.
65 South Sudan Situation Report, World Food
Programme, October 29, 2021, pg.1, available at
https://reliefweb.int/report/south-sudan/wfp-southsudan-situation-report-296-29-october-2021.
66 Situation in South Sudan, UN Security
Council, September 9, 2021, pg. 6, available at
https://www.ecoi.net/en/file/local/2060682/S_
2021_784_E.pdf.
67 South Sudan Humanitarian Fund Annual
Report 2020, UNOCHA, July 6, 2021, pg. 7,
available at https://reliefweb.int/report/southsudan/south-sudan-humanitarian-fund-annualreport-2020.
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Moreover, COVID–19 mitigation efforts
also disrupted access to supply chains
for commercial and humanitarian
assistance, further contributing to food
insecurity.68
In October 2021, the World Food
Programme (WFP) reported that South
Sudan faced a third year of
unprecedented flooding.69 The flooding
was exacerbated by standing water from
major floods in the previous two years,
most of which had not fully receded.70
The most recent flooding has led to
‘‘widespread displacement, destruction
of livelihoods and contamination of
water sources, compounding existing
insecurity issues in many regions.’’ 71 In
its December 2021 report, UNOCHA
reported that the number of people
affected by floods since May 2021 was
835,000,72 up from the 380,000 reported
in August 2021.73 In its February 2021
report, the UN Commission on Human
Rights in South Sudan reported that
‘‘since the onset of the floods in July
2020, more than one million South
Sudanese have been affected by the
flooding and more than 856,000 people
were displaced and forced to seek refuge
on higher ground.’’ 74 The Commission
further noted that:
The floods also destroyed hectares of crops
and led to the loss of livestock indispensable
to the survival of local populations.
Moreover, vital water sources became heavily
contaminated, rendering vulnerable
communities unable to flee at severe risk of
contracting life-threatening waterborne
diseases, including typhoid and cholera.75
Access to Humanitarian Assistance
Insecurity continued to affect access
to humanitarian assistance, particularly
in parts of Central and Western
68 Id.
69 South Sudan Situation Report, World Food
Programme, October 29, 2021, pg.1, available at
https://reliefweb.int/report/south-sudan/wfp-southsudan-situation-report-296-29-october-2021.
70 South Sudan Situation Report, REACH,
December 2021, pg. 2, available at https://
reliefweb.int/report/south-sudan/south-sudanflooding-trends-counties-particular-concern-foodinsecurity-december.
71 Id. at pg. 1.
72 South Sudan Situation Report, UNOCHA,
December 2021, pg. 1, available at https://
reliefweb.int/report/south-sudan/south-sudanhumanitarian-snapshot-december-2021.
73 South Sudan Humanitarian Snapshot,
UNOCHA, August 2021, pg. 1, available at https://
reliefweb.int/report/south-sudan/south-sudanhumanitarian-snapshot-august-2021.
74 Report of the Commission on Human Rights in
South Sudan, United Nations General Assembly,
February 4, 2021, pg. 10, available at https://
reliefweb.int/report/south-sudan/reportcommission-human-rights-south-sudan-ahrc4653.
75 Report of the Commission on Human Rights in
South Sudan, United Nations General Assembly,
February 4, 2021, pg. 11, available at https://
reliefweb.int/report/south-sudan/reportcommission-human-rights-south-sudan-ahrc4653.1.
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Equatoria, Jonglei, and the Greater Pibor
Administrative Area.76 In addition, in
2021 humanitarian workers and
facilities continued to be targeted and at
risk of attack,77 resulting in the
disruption and suspension of
humanitarian action.78 In December
2021, the UN assessed that between
September and November 2021, ‘‘89
humanitarian access incidents were
reported, including 13 ambushes and 5
lootings, a 47 percent increase
compared with the previous reporting
period [published in June 2021].’’ 79 In
Western Equatoria, health facilities were
looted and destroyed; since the
beginning of 2021, more than 911 metric
tons of food items and nutritional
supplements have been looted or
destroyed.80 Moreover, recurring
violence in Jonglei and Greater Pibor
Administrative Area affected the
delivery of critical humanitarian
assistance to highly food-insecure
people.81 In addition, poor road
conditions, compounded by heavy rain
and ongoing floods, have led to access
challenges and slowed the response in
the flood-affected areas.82 The
government of South Sudan also has
limited access to humanitarian aid by
establishing:
an intentionally complex bureaucratic system
for the delivery of aid and has failed to
guarantee the safe delivery of humanitarian
aid. In particular, multiple sources raised
serious concerns about the Government’s
deliberate policy of denying or delaying the
issuance of visas for hundreds of
international humanitarian staff who had
been evacuated from South Sudan owing to
COVID–19.83
76 Situation in South Sudan, UN Security
Council, September 9, 2021, pg. 7, available at
https://www.ecoi.net/en/file/local/2060682/S_
2021_784_E.pdf.
77 Situation in South Sudan, UN Security
Council, September 9, 2021, pg. 7, available at
https://www.ecoi.net/en/file/local/2060682/S_
2021_784_E.pdf.
78 Situation in South Sudan; Report of the
Secretary-General, UN Security Council, December
7, 2021, pg. 7, available at https://www.ecoi.net/en/
file/local/2065323/S_2021_1015_E.pdf.
79 Situation in South Sudan; Report of the
Secretary-General, UN Security Council, December
7, 2021, pg. 5–6, available at https://www.ecoi.net/
en/file/local/2065323/S_2021_1015_E.pdf.
80 Situation in South Sudan, UN Security
Council, September 9, 2021. pg. 7, available at
https://www.ecoi.net/en/file/local/2060682/S_
2021_784_E.pdf.
81 Situation in South Sudan, UN Security
Council, September 9, 2021, pg. 6–7, available at
https://www.ecoi.net/en/file/local/2060682/S_
2021_784_E.pdf.
82 Situation in South Sudan; Report of the
Secretary-General [S/2021/1015], UN Security
Council, December 7, 2021, pg. 5–6, available at
https://www.ecoi.net/en/file/local/2065323/S_
2021_1015_E.pdf.
83 Panel of Experts on South Sudan, UN Security
Council, April 15, 2021, pg. 16–17, available at
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Healthcare and COVID–19
In August 2020, UNHCR reported that
‘‘about 56 percent of South Sudan’s
population does not have access to
primary healthcare services.’’ 84 In
addition, less than 2 percent of South
Sudan’s national budget is spent on
healthcare,85 resulting in poorly
equipped health facilities with limited
staff.86 In January 2021, UNOCHA
reported that ‘‘out of approximately
2,300 health facilities, more than 1,300
are non-functional. Of the functioning
health facilities, 57 percent are
supported by humanitarian and
development partners and many remain
in areas that are not easily accessible by
the communities.’’ 87 South Sudan also
continues to face ‘‘regular outbreaks of
infectious diseases like measles, waterborne diseases such as diarrhea and
Hepatitis E virus, and vector-borne
diseases like malaria and yellow fever,’’
in addition to the impact of the COVID–
19 pandemic.88 According to the WFP,
the ‘‘COVID–19 pandemic continues to
present serious risks to an already
fragile situation, threatening to further
exacerbate acute food insecurity.’’ 89 As
of January 3, 2022, 16,607 people had
contracted COVID–19, including 136
associated deaths.90
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Economic Situation
According to the World Bank, South
Sudan is facing ‘‘concurrent setbacks in
the economy’’ due to rising poverty,
https://reliefweb.int/report/south-sudan/finalreport-panel-experts-south-sudan-submittedpursuant-resolution-2521-2020.
84 Renewed violence and delayed implementation
of the peace agreement severely threaten peace and
stability in South Sudan, UN experts note, UNHCR,
August 14, 2020, available at https://www.ecoi.net/
en/document/2036539.html.
85 South Sudan—Strengthening primary health
care in fragile settings, World Health Organization,
May 20, 2021, available at https://www.who.int/
news-room/feature-stories/detail/south-sudan-2021.
86 South Sudan Humanitarian Needs Overview
2021 (January 2021), UNOCHA, January 2021, pg.
12, available at https://www.ecoi.net/en/file/local/
2045425/south_sudan_2021_humanitarian_needs_
overview.pdf.
87 South Sudan Humanitarian Needs Overview
2021 (January 2021), UNOCHA, January 2021, pg.
12, available at https://www.ecoi.net/en/file/local/
2045425/south_sudan_2021_humanitarian_needs_
overview.pdf.
88 Strengthening public health surveillance and
response using the third Edition Integrated Disease
Surveillance and Response guidelines in South
Sudan, World Health Organization, November 27,
2021, available at https://reliefweb.int/report/southsudan/strengthening-public-health-surveillanceand-response-using-third-edition.
89 South Sudan Country Brief, World Food
Programme, November 2021, pg. 1, available at
https://reliefweb.int/report/south-sudan/wfp-southsudan-country-brief-november-2021.
90 South Sudan COVID–19 Dashboard, World
Health Organization, https://covid19.who.int/
region/emro/country/sd (last visited on January 19,
2022).
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food insecurity and a resurgence of
conflict.91 Moreover, falling global oil
prices have also affected South Sudan’s
oil revenues.92 South Sudan’s economy
is heavily oil-dependent, with oil
accounting for 90 percent of government
revenue and nearly all exports.93 This
situation has caused a ‘‘great percentage
of South Sudanese people to lose their
sources of livelihood and has left some
communities facing catastrophic
needs.’’ 94 Moreover, urgent and
essentials measures to manage the
COVID–19 pandemic, ‘‘worsened
economic conditions, disrupting
livelihoods and affecting vulnerable
households’ access to markets, food and
adequate income.’’ 95
Based upon this review and after
consultation with appropriate U.S.
Government agencies, the Secretary has
determined that:
• The conditions supporting South
Sudan’s designation for TPS continue to
be met. See INA section 244(b)(3)(A)
and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
• There continues to be an ongoing
armed conflict in South Sudan and, due
to such conflict, requiring the return to
South Sudan of South Sudanese
nationals (or individuals having no
nationality who last habitually resided
in South Sudan) would pose a serious
threat to their personal safety. See INA
section 244(b)(1)(A), 8 U.S.C.
1254a(b)(1)(A).
• There continue to be extraordinary
and temporary conditions in South
Sudan that prevent South Sudanese
nationals (or individuals having no
nationality who last habitually resided
in South Sudan) from returning to South
Sudan in safety, and it is not contrary
to the national interest of the United
States to permit South Sudanese TPS
beneficiaries to remain in the United
States temporarily. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
91 South Sudan Economic Update, June 2021:
Pathways to Sustainable Food Security, The World
Bank, July 2, 2021, available at https://reliefweb.int/
report/south-sudan/south-sudan-economic-updatejune-2021-pathways-sustainable-food-security.
92 South Sudan Economic Update, June 2021:
Pathways to Sustainable Food Security, The World
Bank, July 2, 2021, available at https://reliefweb.int/
report/south-sudan/south-sudan-economic-updatejune-2021-pathways-sustainable-food-security.
93 South Sudan Humanitarian Needs Overview
2021 (January 2021), UNOCHA, January 2021, pg.
12, available at https://www.ecoi.net/en/file/local/
2045425/south_sudan_2021_humanitarian_needs_
overview.pdf.
94 South Sudan Economic Update, June 2021:
Pathways to Sustainable Food Security, The World
Bank, July 2, 2021, available at https://reliefweb.int/
report/south-sudan/south-sudan-economic-updatejune-2021-pathways-sustainable-food-security.
95 South Sudan Humanitarian Response Plan,
FAO, May 2021, pg. 2, available at https://
reliefweb.int/report/south-sudan/south-sudanhumanitarian-response-plan-2021.
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• The designation of South Sudan for
TPS should be extended for an 18month period, from May 3, 2022,
through November 3, 2023. See INA
section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C).
• Due to the conditions described
above, South Sudan should be
simultaneously extended and
redesignated for TPS effective May 3,
2022, through November 3, 2023. See
section 244(b)(1)(A) and (C) and (b)(2) of
the Act, 8 U.S.C. 1254a(b)(1)(A) and (C)
and (b)(2).
• For the redesignation, the Secretary
has determined that TPS applicants
must demonstrate that they have
continuously resided in the United
States since March 1, 2022.
• Initial TPS applicants under the
redesignation must demonstrate that
they have been continuously physically
present in the United States since March
3, 2022, the effective date of the
redesignation of South Sudan for TPS.
• There are approximately 97 current
South Sudanese TPS beneficiaries who
are expected to be eligible to re-register
for TPS under the extension.
• It is estimated that approximately
235 additional individuals may be
eligible for TPS under the redesignation
of South Sudan. This population
includes South Sudanese nationals in
the United States in nonimmigrant
status or without immigration status.
Notice of Extension of the TPS
Designation and Redesignation of South
Sudan for TPS
By the authority vested in me as
Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after
consultation with the appropriate
Government agencies, the conditions
supporting South Sudan’s designation
for TPS continue to be met. See INA
section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). On the basis of this
determination, I am simultaneously
extending the existing designation of
TPS for South Sudan for 18 months,
from May 3, 2022, through November 3,
2023, and redesignating South Sudan
for TPS for the same 18-month period.
See INA section 244(b)(1)(A), (b)(1)(C)
and (b)(2); 8 U.S.C. 1254a(b)(1)(A),
(b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
Required Application Forms and
Application Fees To Register or ReRegister for TPS
To register or re-register for TPS based
on the designation of South Sudan, you
must submit an Application for
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices
Temporary Protected Status (Form I–
821). If you are filing an initial
application, you must pay the fee for the
Form I–821 or request a fee waiver. If
you are filing an application for reregistration, you do not need to pay the
fee for the Form I–821. There is no Form
I–821 fee for re-registration. See 8 CFR
244.17. You may be required to pay the
biometric services fee. If you can
demonstrate an inability to pay the
biometric services fee, you may request
to have the fee waived. Please see
additional information under the
‘‘Biometric Services Fee’’ section of this
notice.
Through this Federal Register notice,
your existing EAD issued under the TPS
designation of South Sudan with the
expiration date of May 2, 2022, is
automatically extended for 180 days,
through November 1, 2022. If you want
to obtain a new EAD valid through
November 3, 2023, you must file an
Application for Employment
Authorization (Form I–765) and pay the
Form I–765 fee (or request a fee waiver).
If you do not want a new EAD, you do
not have to file Form I–765 and pay the
Form I–765 fee. If you do not want to
request a new EAD now, you may also
file Form I–765 at a later date and pay
the fee (or request a fee waiver),
provided that you still have TPS or a
pending TPS application. However, you
are strongly encouraged to file your
application for a new EAD as early as
possible to avoid gaps in the validity of
your employment authorization
documentation and to ensure that you
receive your new EAD by November 1,
2022.
If you are applying for initial
registration and want an EAD, you must
file and pay the fee for the Form I–765
(or request a fee waiver). If you do not
want to request an EAD now, you may
also file Form I–765 at a later date and
pay the fee (or request a fee waiver),
provided that you still have TPS or a
pending TPS application. You may file
the application for a new EAD either
prior to or after your current EAD has
expired.
Everyone must provide their
employer with documentation showing
that they have the legal right to work in
the United States. In general, TPS
beneficiaries, including those who are
not employed, are not required to have
an EAD. But they can obtain one and if
they work, the EAD is an acceptable
document that proves their legal right to
work.
If you have a Form I–821 or Form I–
765 that was still pending as of March
3, 2022, then you do not need to file
either application again. If USCIS
approves your pending TPS application,
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USCIS will grant you TPS through
November 3, 2023. Similarly, if USCIS
approves your pending TPS-related
Form I–765, it will be valid through the
same date.
For more information on the
application forms and fees for TPS,
please visit the USCIS TPS web page at
https://www.uscis.gov/tps. Fees for the
Form I–821, the Form I–765, and
biometric services are also described in
8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are
required for all applicants 14 years of
age and older. Those applicants must
generally submit a biometric services
fee. As previously stated, if you can
demonstrate an inability to pay the
biometric services fee, you may be able
to have the fee waived. You may request
a fee waiver by submitting a Request for
Fee Waiver (Form I–912). For more
information on the application forms
and fees for TPS, please visit the USCIS
TPS web page at www.uscis.gov/tps.
USCIS may require you to visit an
Application Support Center so we can
capture your biometrics. For additional
information on the USCIS biometrics
screening process, please see the USCIS
Customer Profile Management Service
Privacy Impact Assessment, available at
www.dhs.gov/privacy.
Refiling a TPS Initial Registration
Application After Receiving Notice
That USCIS Did Not Grant the Fee
Waiver Request
You should file as soon as possible so
USCIS can process your application and
issue any EAD promptly, if you
requested one. If USCIS denies your fee
waiver request related to your initial
TPS application, you must refile your
Form I–821 for TPS along with the
required fees no later than November 3,
2023, to continue seeking initial TPS. If
USCIS does not grant your fee waiver
request, you may also refile your Form
I–765, with fee, either with your Form
I–821 or at a later time as long as it is
within the period that South Sudan is
designated for TPS, if you choose.
Note: Unless USCIS grants a fee waiver, an
initial applicant for TPS must pay the Form
I–821 filing fee and applicants age 14 or older
must also pay the biometric services fee.
However, if you decide to wait to request an
EAD, you do not have to file the Form I–765
or pay the associated Form I–765 fee (or
request a fee waiver) at the time of
registration. You may wait to seek an EAD
until after USCIS has approved your TPS
registration application or at any later date
you decide you want to request an EAD as
long as TPS for South Sudan continues. To
register for TPS, you only need to file the
Form I–821 with the $50 filing fee and the
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12197
biometric services fee, if applicable (or
request a fee waiver).
Refiling a TPS Re-Registration
Application After Receiving Notice
That the Fee Waiver Request Was Not
Granted
You should file as soon as possible
within the 60-day re-registration period
so USCIS can process your application
and issue any EAD promptly, if you
requested one. Properly filing early will
also give you time to refile your
application before the deadline, if
USCIS does not grant your fee waiver
request. If you receive a notice that
USCIS did not grant your fee waiver
request, and you are unable to refile by
the re-registration deadline, you may
still refile your Form I–821 with the
biometrics fee. USCIS will review this
situation to determine whether you
established good cause for late TPS reregistration. However, if possible, we
urge you to refile within 45 days of the
date on any USCIS notice that we did
not grant you a fee waiver. See INA
section 244(c)(3)(C); 8 U.S.C.
1254a(c)(3)(C); 8 CFR 244.17(b). For
more information on good cause for late
re-registration, visit the USCIS TPS web
page at https://www.uscis.gov/tps. If
USCIS does not grant your fee waiver
request, you may also refile your Form
I–765 with the fee either with your
Form I–821 or at a later time, if you
choose.
Note: A re-registering TPS beneficiary age
14 and older must pay the biometric services
fee (but not the Form I–821 filing fee), or
request a fee waiver, when filing a TPS reregistration application. However, if you
decide to wait to request an EAD, you do not
have to file the Form I–765 or pay the
associated Form I–765 fee (or request a fee
waiver) at the time of re-registration. You
may wait to seek an EAD until after USCIS
has approved your TPS re-registration
application or at any later date you decide
you want to request an EAD. To re-register
for TPS, you only need to file the Form I–
821 with the biometric services fee, if
applicable (or request a fee waiver).
Filing Information
USCIS offers the option to applicants
for TPS under South Sudan’s
designation to file Form I–821 and
related requests for EADs online or by
mail. When filing a TPS application,
applicants can also request an EAD by
submitting a completed Form I–765,
Application for Employment
Authorization, with their Form I–821.
Online filing: Form I–821 and I–765
are available for concurrent filing
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online.96 To file these forms online, you
must first create a USCIS online
account.97 Online filing is not available
for applicants requesting a fee waiver.
Such applications should be completed
by mail.
Mail filing: Mail your application for
TPS to the proper address in Table 1.
Table 1—Mailing Addresses
Mail your completed Application for
Temporary Protected Status (Form I–
821) and Application for Employment
Authorization (Form I–765), Request for
Fee Waiver (Form I–912) (if applicable)
and supporting documentation to the
proper address in Table 1.
TABLE 1—MAILING ADDRESSES
If you would like to send your application
by:
Then, mail your application to:
U.S. Postal Service .................................
FedEx, UPS, or DHL ...............................
USCIS, Attn: TPS South Sudan, P.O. Box 6943, Chicago, IL 60680–6943.
USCIS, Attn: TPS South Sudan (Box 6943), 131 S Dearborn St. 3rd Floor, Chicago, IL 60603–5517.
If you were granted TPS by an
Immigration Judge (IJ) or the Board of
Immigration Appeals (BIA) and you
wish to request an EAD or are reregistering for the first time following a
grant of TPS by an IJ or the BIA, please
mail your application to the appropriate
mailing address in Table 1. When you
are re-registering and requesting an EAD
based on an IJ/BIA grant of TPS, please
include a copy of the IJ or BIA order
granting you TPS with your application.
This will help us to verify your grant of
TPS and process your application.
Supporting Documents
The filing instructions on the Form I–
821 list all the documents needed to
establish eligibility for TPS. You may
also find information on the acceptable
documentation and other requirements
for applying or registering for TPS on
the USCIS website at www.uscis.gov/tps
under ‘‘South Sudan.’’
Travel
TPS beneficiaries may also apply for
and be granted travel authorization as a
matter of discretion. You must file an
application for advance parole if you
wish to travel outside the United States.
Advance parole gives you permission to
leave the United States and return
during a specific period. TPS
beneficiaries retain the same
immigration status they had prior to the
travel. To request advance parole, you
must file Form I–131, Application for
Travel Document, available at
www.uscis.gov/i-131. You may file Form
I–131 together with your Form I–821 or
separately. When filing the Form I–131,
you must:
• Select Item Number 1.d. in Part 2 on
the Form I–131; and
• Submit the fee for the Form I–131, or
request a fee waiver, which may be
submitted on Request for Fee Waiver
(Form I–912)
If you are filing Form I–131 together
with Form I–821, send your forms to the
address listed in Table 1 above. If you
are filing Form I–131 separately based
on a pending or approved Form I–821,
send your form to the address listed in
Table 2 below and include a copy of
Form I–797 for the approved or pending
Form I–821.
TABLE 2—MAILING ADDRESSES
If you . . .
Mail to . . .
Are filing Form I–131 together with a Form I–821, Application for Temporary Protected Status.
U.S. Postal Service (USPS): USCIS, Attn: TPS South Sudan, P.O. Box
6943, Chicago, IL 60680–6943.
FedEx, UPS, or DHL: USCIS, Attn: TPS South Sudan (Box 6943), 131
S Dearborn St. 3rd Floor, Chicago, IL 60603–5517.
U.S. Postal Service (USPS): USCIS, Attn: I–131 TPS, P.O. Box
660167, Dallas, TX 75266–0867.
FedEx, UPS, or DHL: USCIS, Attn: I–131 TPS, 2501 S State Hwy. 121
Business, Ste. 400, Lewisville, TX 75067.
Are filing Form I–131 based on a pending or approved Form I–821 ......
You must include a copy of the receipt notice (Form I–797C) showing
we accepted or approved your Form I–821.
General Employment-Related
Information for TPS Applicants and
Their Employers
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How can I obtain information on the
status of my TPS application and EAD
request?
To get case status information about
your TPS application, including the
status of an EAD request, you can check
Case Status Online at https://
www.uscis.gov, or visit the USCIS
Contact Center at uscis.gov/
contactcenter. If your Form I–765 has
96 Find information about online filing at Forms
Available to File Online, https://www.uscis.gov/fileonline/forms-available-to-file-online.
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18:23 Mar 02, 2022
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been pending for more than 90 days,
and you still need assistance, you may
ask a question about your case online at
egov.uscis.gov/e-request/Intro.do or call
the USCIS Contact Center at 800–375–
5283 (TTY 800–767–1833).
Am I eligible to receive an automatic
180-day extension of my current EAD
through November 1, 2022, using this
Federal Register notice?
Yes. Regardless of your country of
birth, provided that you currently have
a South Sudan TPS-based EAD with an
expiration date of September 17, 2021,
on the face of the card, bearing the
notation A–12 or C–19 under Category,
this notice automatically extends your
EAD through November 1, 2022.
Although this Federal Register notice
automatically extends your EAD
through November 1, 2022, you must reregister timely for TPS in accordance
with the procedures described in this
Federal Register notice to maintain your
TPS and employment authorization.
97 https://myaccount.uscis.gov/users/sign_up.
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices
When hired, what documentation may I
show to my employer as evidence of
employment authorization and identity
when completing Form I–9?
You can find the Lists of Acceptable
Documents on the third page of Form I–
9 as well as the Acceptable Documents
web page at https://www.uscis.gov/i-9central/acceptable-documents.
Employers must complete Form I–9 to
verify the identity and employment
authorization of all new employees.
Within three days of hire, employees
must present acceptable documents to
their employers as evidence of identity
and employment authorization to satisfy
Form I–9 requirements.
You may present any document from
List A (which provides evidence of both
identity and employment
authorization), or one document from
List B (which provides evidence of your
identity) together with one document
from List C (which provides evidence of
employment authorization), or you may
present an acceptable receipt for List A,
List B, or List C documents as described
in the Form I–9 instructions. Employers
may not reject a document based on a
future expiration date. You can find
additional information about Form I–9
on the I–9 Central web page at https://
www.uscis.gov/I-9Central.
An EAD is an acceptable document
under List A. See the section ‘‘How do
my employer and I complete Form I–9
using my automatically extended EAD
for a new job?’’ of this Federal Register
notice for further information. If your
EAD has an expiration date of May 2,
2022, and states A–12 or C–19 under
Category, it has been extended
automatically by virtue of this Federal
Register notice and you may choose to
present your EAD to your employer as
proof of identity and employment
eligibility for Form I–9 through
November 1, 2022, unless your TPS has
been withdrawn or your request for TPS
has been denied.
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What documentation may I present to
my employer for Form I–9 if I am
already employed but my current TPSrelated EAD is set to expire?
Even though we have automatically
extended your EAD, your employer is
required by law to ask you about your
continued employment authorization.
Your employer may need to re-inspect
your automatically extended EAD to
check the Card Expires date and
Category code if your employer did not
keep a copy of your EAD when you
initially presented it. Once your
employer has reviewed the Card
Expiration date and Category code, your
employer should update the EAD
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18:23 Mar 02, 2022
Jkt 256001
expiration date in Section 2 of Form I–
9. See the section ‘‘What updates should
my current employer make to Form I–
9 if my EAD has been automatically
extended?’’ of this Federal Register
notice for further information. You may
show this Federal Register notice to
your employer to explain what to do for
Form I–9 and to show that USCIS has
automatically extended your EAD
through November 1, 2022, but you are
not required to do so. The last day of the
automatic EAD extension is November
1, 2022. Before you start work on
November 2, 2022, your employer is
required by law to reverify your
employment authorization on Form I–9.
By that time, you must present any
document from List A or any document
from List C on Form I–9 Lists of
Acceptable Documents, or an acceptable
List A or List C receipt described in the
Form I–9 instructions to reverify
employment authorization.
Your employer may not specify which
List A or List C document you must
present and cannot reject an acceptable
receipt.
Can my employer require that I provide
any other documentation to prove my
status, such as proof of my South
Sudanese citizenship or a Form I–797C
showing I re-registered for TPS?
No. When completing Form I–9,
including reverifying employment
authorization, employers must accept
any documentation that appears on the
Form I–9 Lists of Acceptable Documents
that reasonably appears to be genuine
and that relates to you, or an acceptable
List A, List B, or List C receipt.
Employers do not need to reverify List
B identity documents. Therefore,
employers may not request proof of
South Sudanese citizenship or proof of
re-registration for TPS when completing
Form I–9 for new hires or reverifying
the employment authorization of
current employees. If you present an
EAD that USCIS has automatically
extended, employers should accept it as
a valid List A document so long as the
EAD reasonably appears to be genuine
and relates to you. Refer to the Note to
Employees section of this Federal
Register notice for important
information about your rights if your
employer rejects lawful documentation,
requires additional documentation, or
otherwise discriminates against you
based on your citizenship or
immigration status, or your national
origin.
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How do my employer and I complete
Form I–9 using my automatically
extended EAD for a new job?
1. When using an automatically
extended EAD to complete Form I–9 for
a new job before November 2, 2022, for
Section 1, you should:
a. Check ‘‘An alien authorized to work
until’’ and enter November 1, 2022, as
the ‘‘expiration date’’; and
b. Enter your Alien Number/USCIS
number or A-Number where indicated.
(Your EAD or other document from DHS
will have your USCIS number or ANumber printed on it; the USCIS
number is the same as your A-Number
without the A prefix.)
2. For Section 2, employers should:
a. Determine if the EAD is autoextended by ensuring it is in category
A–12 or C–19 and has a Card Expires
date of May 2, 2022;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write November 1, 2022, as the
expiration date.
Before the start of work on November
2, 2022, employers must reverify the
employee’s employment authorization
on Form I–9.
What updates should my current
employer make to Form I–9 if my EAD
has been automatically extended?
If you presented a TPS-related EAD
that was valid when you first started
your job and USCIS has now
automatically extended your EAD, your
employer may need to re-inspect your
current EAD if they do not have a copy
of the EAD on file. Your employer
should determine if your EAD is
automatically extended by ensuring that
it contains Category A–12 or C–19 and
has a Card Expires date of May 2, 2022,
on the front of the card.
If your employer determines that
USCIS has automatically extended your
EAD, your employer should update
Section 2 of your previously completed
Form I–9 as follows:
1. Write EAD EXT and November 1,
2022, as the last day of the automatic
extension in the Additional Information
field; and
2. Initial and date the correction.
Note: This is not considered a
reverification. Employers do not reverify the
employee until either the 180-day automatic
extension has ended, or the employee
presents a new document to show continued
employment authorization, whichever is
sooner. By November 2, 2022, when the
employee’s automatically extended EAD has
expired, employers are required by law to
reverify the employee’s employment
authorization on Form I–9.
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Note to All Employers
Employers are reminded that the laws
requiring proper employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Federal Register notice does not
supersede or in any way limit
applicable employment verification
rules and policy guidance, including
those rules setting forth reverification
requirements. For general questions
about the employment eligibility
verification process, employers may call
USCIS at 888–464–4218 (TTY 877–875–
6028) or email USCIS at I-9Central@
uscis.dhs.gov. USCIS accepts calls and
emails in English and many other
languages. For questions about avoiding
discrimination during the employment
eligibility verification process (Form I–
9 and E-Verify), employers may call the
U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee
Rights Section (IER) Employer Hotline
at 800–255–8155 (TTY 800–237–2515).
IER offers language interpretation in
numerous languages. Employers may
also email IER at IER@usdoj.gov.
uscis.dhs.gov. Calls are accepted in
English, Spanish, and many other
languages. Employees or applicants may
also call the IER Worker Hotline at 800–
255–7688 (TTY 800–237–2515) for
information regarding employment
discrimination based upon citizenship,
immigration status, or national origin,
including discrimination related to
Form I–9 and E-Verify. The IER Worker
Hotline provides language interpretation
in numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt as described in the Form I–9
Instructions. Employers may not require
extra or additional documentation
beyond what is required for Form I–9
completion. Further, employers
participating in E-Verify who receive an
E-Verify case result of Tentative
Nonconfirmation (TNC) must promptly
inform employees of the TNC and give
such employees an opportunity to
contest the TNC. A TNC case result
means that the information entered into
E-Verify from an employee’s Form I–9
differs from Federal or state government
records.
Employers may not terminate,
suspend, delay training, withhold or
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 E-Verify
cannot verify 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 https://www.justice.gov/
ier and on the USCIS and E-Verify
websites at https://www.uscis.gov/i-9central and https://www.e-verify.gov.
Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email USCIS at I-9Central@
Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, TPS
beneficiaries presenting an
automatically extended EAD referenced
If I am an employer enrolled in E-Verify,
how do I verify a new employee whose
EAD has been automatically extended?
Employers may create a case in
E-Verify for a new employee by entering
the number from the Document Number
field on Form I–9 into the document
number field in E-Verify. Employers
should enter November 1, 2022, as the
expiration date for an EAD that has been
extended under this Federal Register
notice.
khammond on DSKJM1Z7X2PROD with NOTICES
If I am an employer enrolled in E-Verify,
what do I do when I receive a ‘‘Work
Authorization Documents Expiring’’
alert for an automatically extended
EAD?
E-Verify automated the verification
process for TPS-related EADs that are
automatically extended. If you have
employees who provided a TPS-related
EAD when they first started working for
you, you will receive a ‘‘Work
Authorization Documents Expiring’’
case alert when the auto-extension
period for this EAD is about to expire.
Before this employee starts work on
November 2, 2022, you must reverify
their employment authorization on
Form I–9. Employers may not use EVerify for reverification.
VerDate Sep<11>2014
18:23 Mar 02, 2022
Jkt 256001
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
in this Federal Register notice do not
need to show any other document, such
as an I–797C Notice of Action or this
Federal Register notice, 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 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 a TPS
beneficiary, show you are authorized to
work based on TPS or other status, or
that may be used by DHS to determine
whether you have TPS or other
immigration status. Examples of such
documents are:
• Your current EAD with a TPS
category code of A–12 or C–19;
• Your Form I–94, Arrival/Departure
Record;
• Your Form I–797, Notice of Action,
reflecting approval of your Form I–765;
or
• Your Form I–797, the notice of
approval, for a past or current Form I–
821, if you received one from USCIS.
Check with the government agency
regarding which document(s) the agency
will accept. Some benefit-granting
agencies use USCIS’ Systematic Alien
Verification for Entitlements (SAVE)
program to confirm the current
immigration status of applicants for
public benefits. While SAVE can verify
when an individual has TPS, each
agency’s procedures govern whether
they will accept an unexpired EAD,
Form I–797, or Form I–94, Arrival/
Departure Record. If an agency accepts
the type of TPS-related document you
are presenting, such as an EAD, the
agency should accept your
automatically extended EAD, regardless
of the country of birth listed on the
EAD. It may assist the agency if you:
a. Present the agency with a copy of
the relevant Federal Register notice
showing the extension of TPS-related
documentation in addition to your
recent TPS-related document with your
A-number, USCIS number or Form I–94
number;
b. Explain that SAVE will be able to
verify the continuation of your TPS
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 verifying your TPS.
E:\FR\FM\03MRN1.SGM
03MRN1
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices
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 TPS-related
documentation. 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/. CaseCheck is
a free service that lets you follow the
progress of your SAVE verification case
using your date of birth and one
immigration identifier number (Anumber, USCIS number or Form I–94
number) or Verification Case 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
SAVE response is correct, the SAVE
website, www.uscis.gov/save, has
detailed information on how to make
corrections or update your immigration
record, make an appointment, or submit
a written request to correct records.
[FR Doc. 2022–04573 Filed 3–2–22; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLORM00000–L12200000.DF0000–223.
HAG22–0009]
Call for Nominations for the Western
Oregon Resource Advisory Council
AGENCY:
Bureau of Land Management,
Interior.
Notice of call for nominations.
ACTION:
The purpose of this notice is
to request public nominations for the
Bureau of Land Management’s (BLM)
Western Oregon Resource Advisory
Council (RAC) to fill vacant positions
and positions that will become vacant.
The RAC provides advice and
recommendations to the BLM on land
use planning and management of the
National System of Public Lands within
its geographic area.
DATES: The Medford District Office will
accept public nominations until April 4,
2022.
ADDRESSES: Nominations and completed
applications should be sent to Kyle
Sullivan, Public Affairs Specialist,
Medford District, 3040 Biddle Road,
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:23 Mar 02, 2022
Jkt 256001
Medford, OR 97504; Attention: Western
Oregon RAC Nominations; or emailed to
ksullivan@blm.gov with the subject line
‘‘Western Oregon RAC Nominations.’’
FOR FURTHER INFORMATION CONTACT: Kyle
Sullivan, Public Affairs Specialist,
Medford District, telephone: (541) 618–
2340; email: ksullivan@blm.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services for
contacting Mr. Sullivan. Individuals
outside the United States should use the
relay services offered within their
country to make international calls to
the point-of-contact in the U.S.
SUPPLEMENTARY INFORMATION: The
Federal Land Policy and Management
Act (FLPMA) directs the Secretary of the
Interior to involve the public in
planning and issues related to
management of lands administered by
the BLM, through the establishment of
10- to 15-member citizen-based advisory
councils that are managed in accordance
with the Federal Advisory Committee
Act (FACA). As required by FACA, RAC
membership must be balanced and
representative of the various interests
concerned with the management of the
public lands. The rules governing RACs
are found at 43 CFR subpart 1784.
The RAC is seeking nominations in
the following categories:
Category One—Holders of Federal
grazing permits or leases within the area
for which the RAC is organized;
represent interests associated with
transportation or rights-of-way;
represent developed outdoor recreation,
off-highway vehicle users, or
commercial recreation activities;
represent the commercial timber
industry; or represent energy and
mineral development.
Category Two—Representatives of
nationally or regionally recognized
environmental organizations; dispersed
recreational activities; archaeological
and historical interests; or nationally or
regionally recognized wild horse and
burro interest groups.
Category Three—Hold State, county,
or local elected office; are employed by
a State agency responsible for the
management of natural resources, land,
or water; represent Indian tribes within
or adjacent to the area for which the
RAC is organized; are employed as
academicians in natural resource
management or the natural sciences; or
represent the affected public at large.
Individuals may nominate themselves
or others. If you have already applied in
2020 or 2021, your nomination is still
being considered and you do not need
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
12201
to reapply. Nominees must be residents
of the State of Oregon. The BLM will
evaluate nominees based on their
education, training, experience, and
knowledge of the geographic area of the
RAC. Nominees should demonstrate a
commitment to collaborative resource
decision-making.
The following must accompany all
nominations:
—A completed RAC application, which
can either be obtained through your
local BLM office or online at: https://
www.blm.gov/sites/blm.gov/files/
1120-019_0.pdf.
—Letters of reference from represented
interests or organizations; and
—Any other information that addresses
the nominee’s qualifications.
Simultaneous with this notice, the
BLM will issue a press release providing
additional information for submitting
nominations.
(Authority: 43 CFR 1784.4–1)
Elizabeth R. Burghard,
Medford District Manager.
[FR Doc. 2022–04428 Filed 3–2–22; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCOS00000–L10200000.XX0000–
223L1109AF]
Northwest Resource Advisory Council
Schedule of Quarterly Public Meetings,
Colorado
Bureau of Land Management,
Interior.
ACTION: Notice of public meetings.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act of 1976 and the Federal Advisory
Committee Act of 1972, the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Colorado’s
Northwest Resource Advisory Council
(RAC) is announcing two public
meetings.
SUMMARY:
The Northwest RAC will meet in
2022 as follows:
• The RAC will host a field tour on
May 25 and a virtual meeting on May
26 from 10 a.m. to 3 p.m.
• The RAC will host a field tour on
September 14 and a virtual meeting on
September 15 from 10 a.m. to 3 p.m.
Both field tours will be held from 8
a.m. to 4 p.m. All field tours and
meetings are open to the public.
ADDRESSES:
• The May 25 field tour will
commence at the Kremmling Field
DATES:
E:\FR\FM\03MRN1.SGM
03MRN1
Agencies
[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12190-12201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04573]
[[Page 12190]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2712-22; DHS Docket No. USCIS-2014-004]
RIN 1615-ZB79
Extension and Redesignation of South Sudan for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of South Sudan for Temporary Protected Status
(TPS) for 18 months, from May 3, 2022, through November 3, 2023, and
redesignating South Sudan for 18 months, effective May 3, 2022, through
November 3, 2023. The extension allows currently eligible TPS
beneficiaries to retain TPS through November 3, 2023, so long as they
otherwise continue to meet the eligibility requirements for TPS. The
redesignation of South Sudan allows additional individuals who have
been continuously residing in the United States since March 1, 2022, to
obtain TPS, if otherwise eligible.
DATES: Extension of Designation of South Sudan for TPS: The 18-month
extension of the TPS designation of South Sudan is effective May 3,
2022, and will remain in effect through November 3, 2023. The 60-day
re-registration period for existing beneficiaries runs from March 3,
2022, through May 2, 2022. (Note: It is important for re-registrants to
timely re-register during this 60-day period and not to wait until
their Employment Authorization Documents (EADs) expire, which could
result in their having gaps in their employment authorization
documentation.)
Redesignation of South Sudan for TPS: The 18-month redesignation of
South Sudan for TPS is effective May 3, 2022, and will remain in effect
through November 3, 2023. The initial registration period for new
applicants under the South Sudan TPS redesignation begins on March 3,
2022, and will remain in effect through November 3, 2023.
FOR FURTHER INFORMATION CONTACT:
You may contact Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, U.S. Department of Homeland
Security, by mail at 5900 Capital Gateway Drive, Camp Springs, MD
20746, or by phone at 800-375-5283.
For further information on TPS, including guidance on the
registration and re-registration process and additional information on
eligibility, please visit the USCIS TPS web page at https://www.uscis.gov/tps. You can find specific information about this
extension of South Sudan's TPS designation by selecting ``South Sudan''
from the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at https://www.uscis.gov, or visit the USCIS Contact Center at
uscis.gov/contactcenter.
Further information will also be available at local USCIS
offices upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Through this notice, DHS sets forth procedures necessary for
eligible nationals of South Sudan (or individuals having no nationality
who last habitually resided in South Sudan) to (1) re-register for TPS
and to apply for renewal of their EADs with USCIS or (2) submit an
initial registration application under the redesignation and apply for
an EAD.
Re-registration is limited to individuals who have previously
registered for TPS under a prior designation of South Sudan and whose
applications have been granted. Failure to re-register properly may
result in the withdrawal of your TPS following appropriate procedures.
See 8 CFR 244.14.
For individuals who have already been granted TPS under South
Sudan's designation, the 60-day re-registration period runs from March
3, 2022, through May 2, 2022. USCIS will issue new EADs with a November
3, 2023, expiration date to eligible South Sudanese TPS beneficiaries
who timely re-register and apply for EADs. Given the time frames
involved with processing TPS re-registration applications, DHS
recognizes that not all re-registrants may receive new EADs before
their current EADs expire on May 2, 2022. Accordingly, through this
Federal Register notice, DHS automatically extends the validity of EADs
previously issued under the TPS designation of South Sudan for 180
days, through November 1, 2022. Therefore, TPS beneficiaries can show
their EADs with: (1) A May 2, 2022, expiration date on the face of the
card and (2) an A-12 or C-19 category code as proof of continued
employment authorization through November 1, 2022. This notice explains
how TPS beneficiaries and their employers may determine which EADs are
automatically extended and how this affects the Form I-9, Employment
Eligibility Verification, E-Verify, and USCIS Systematic Alien
Verification for Entitlements (SAVE) processes.
Individuals who have a South Sudan TPS application (Form I-821)
and/or Application for Employment Authorization (Form I-765) that was
still pending as of March 3, 2022, do not need to file either
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through November 3, 2023. Similarly, if
USCIS approves a pending TPS-related Form I-765, USCIS will issue the
individual a new EAD that will be valid through the same date. There
are currently approximately 97 beneficiaries under South Sudan's TPS
designation.
Under the redesignation, individuals who currently do not have TPS
may
[[Page 12191]]
submit an initial application during the initial registration period
that runs from March 3, 2022, and runs through the full length of the
redesignation period ending November 3, 2023.\1\ In addition to
demonstrating continuous residence in the United States since March 1,
2022 and meeting other eligibility criteria, initial applicants for TPS
under this redesignation must demonstrate that they have been
continuously physically present in the United States since March 3,
2022, the effective date of this redesignation of South Sudan, before
USCIS may grant them TPS. The DHS Office of Immigration Statistics has
estimated that approximately 235 individuals may become newly eligible
for TPS under the redesignation of South Sudan.
---------------------------------------------------------------------------
\1\ In general, individuals must be given an initial
registration period of no less than 180 days to register for TPS,
but the Secretary has discretion to provide for a longer
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). Historically,
the length of the initial registration period has varied. Compare 66
FR 14214 (March 9, 2001) (18 months initial registration period for
applicants under TPS designation for El Salvador) with 80 FR 36346
(June 24, 2015) (180-day initial registration period for applicants
under TPS designation for Nepal). In recent years, this period has
generally been limited to the statutory minimum of 180 days,
although later extensions of the initial registration period have
also been announced for some countries. See, e.g., 81 FR 4051 (Jan.
25, 2016) (setting 180-day initial registration period during
extension and redesignation of South Sudan for TPS); 78 FR 1866
(Jan. 9, 2013) (setting 180-day initial registration period during
extension and redesignation of Sudan for TPS); 75 FR 39957 (July 13,
2010) (extension of previously announced initial 180-day
registration period for Haiti TPS applicants to allow more time for
individuals to apply). After evaluating whether to limit the initial
registration period for TPS under this new designation of South
Sudan to the statutory minimum of 180 days, DHS has determined that
it will provide the full 18 months of this designation for
applicants to file their initial registration Form I-821 and, if
desired, Form I-765 to obtain employment authorization
documentation. Limiting the initial registration period to 180 days
may place a burden on applicants who may be otherwise eligible for
TPS. In addition, permitting registration throughout the entirety of
the designation period could reduce the operational burden on USCIS,
as incoming applications may be spread out over a longer period of
time. This extended registration period is both in keeping with the
humanitarian purpose of TPS and will better advance the goal of
ensuring ``the Federal Government eliminates sources of fear and
other barriers that prevent immigrants from accessing government
services available to them.'' See Executive Order 14012, Restoring
Faith in Our Legal Immigration Systems and Strengthening Integration
and Inclusion Efforts for New Americans, 86 FR 8277 (Feb. 5, 2021).
---------------------------------------------------------------------------
What is temporary protected status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the INA, or to eligible
individuals without nationality who last habitually resided in the
designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to obtain EADs so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. Upon return from such
authorized travel, TPS beneficiaries retain the same immigration status
they had prior to the travel.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a country's TPS designation,
beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
been terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
When was South Sudan designated for TPS?
South Sudan was initially designated on October 13, 2011, on the
dual bases of ongoing armed conflict and extraordinary and temporary
conditions in South Sudan that prevented nationals of South Sudan from
safely returning. See Designation of Republic of South Sudan for
Temporary Protected Status, 76 FR 63629 (Oct. 13, 2011). Following the
initial designation, the Secretary extended and redesignated South
Sudan for TPS in 2013, 2014, and 2016. See Extension and Redesignation
of South Sudan for Temporary Protected Status, 78 FR 1866 (Jan. 9,
2013); Extension and Redesignation of South Sudan for Temporary
Protected Status, 79 FR 52019 (Sept. 2, 2014); Extension and
Redesignation of South Sudan for Temporary Protected Status, 81 FR 4051
(Jan. 25, 2016). In 2017 and 2019, DHS extended TPS for South Sudan,
based on ongoing armed conflict and extraordinary and temporary
conditions. See Extension of South Sudan for Temporary Protected
Status, 82 FR 44205 (Sept. 21, 2017); Extension of the Designation of
South Sudan for Temporary Protected Status, 84 FR 13688 (Apr. 5, 2019).
Most recently, in 2020, DHS extended South Sudan's TPS designation for
18 months, based on ongoing armed conflict and extraordinary and
temporary conditions. See Extension of the Designation of South Sudan
for Temporary Protected Status, 85 FR 69344 (Nov. 2, 2020).
What authority does the Secretary have to extend the designation of
South Sudan for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government (Government), to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain country conditions
exist.\2\ The decision to designate any foreign state (or part thereof)
is a discretionary decision, and the TPS statute states that there is
no judicial review of any determination with respect to the
designation, extension, or termination of a designation.\3\ The
Secretary, in their discretion, may then grant TPS to eligible
nationals of that foreign state (or individuals having no nationality
who last habitually resided in the designated country). See INA section
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\2\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 1517).
\3\ See INA, section 244(b)(5)(A). This issue of judicial review
is the subject of litigation. See, e.g., Ramos v. Wolf, 975 F.3d 872
(9th Cir. 2020), petition for en banc rehearing filed Nov. 30, 2020
(No. 18-16981); Saget v. Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019).
---------------------------------------------------------------------------
At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary does not
determine that the foreign state no longer meets the conditions for TPS
designation, the designation will be extended for an additional period
of 6 months or, in the Secretary's discretion, 12 or 18 months. See INA
section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
[[Page 12192]]
What is the Secretary's authority to redesignate South Sudan for TPS?
In addition to extending an existing TPS designation, the
Secretary, after consultation with appropriate Government agencies, may
redesignate a country (or part thereof) for TPS. See section 244(b)(1)
of the Act, 8 U.S.C. 1254a(b)(1); see also section 244(c)(1)(A)(i) of
the Act, 8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has
been continuously physically present since the effective date of the
most recent designation of the state'') (emphasis added).\4\
---------------------------------------------------------------------------
\4\ The extension and redesignation of TPS for South Sudan is
one of several instances in which the Secretary and, prior to the
establishment of DHS, the Attorney General, have simultaneously
extended a country's TPS designation and redesignated the country
for TPS. See, e.g., 76 FR 29000 (May 19, 2011) (extension and
redesignation for Haiti); 69 FR 60168 (Oct. 7, 2004) (extension and
redesignation for Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and
redesignation for Liberia).
---------------------------------------------------------------------------
When the Secretary designates or redesignates a country for TPS,
the Secretary also has the discretion to establish the date from which
TPS applicants must demonstrate that they have been ``continuously
resid[ing]'' in the United States. See section 244(c)(1)(A)(ii) of the
Act, 8 U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the
``continuous residence'' date for applicants for TPS under the
redesignation of South Sudan shall be March 1, 2022. Initial applicants
for TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since March 3,
2022, which is the effective date of the Secretary's redesignation, of
South Sudan. See section 244(c)(1)(A)(i) of the Act, 8 U.S.C.
1254a(c)(1)(A)(i). For each initial TPS application filed under the
redesignation, the final determination of whether the applicant has met
the ``continuous physical presence'' requirement cannot be made until
March 3, 2022. USCIS, however, will issue employment authorization
documentation, as appropriate, during the registration period in
accordance with 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for South Sudan and
simultaneously redesignating South Sudan for TPS through November 3,
2023?
DHS has reviewed country conditions in South Sudan. Based on the
review, including consultation with the Department of State (DOS), the
Secretary has determined that an 18-month extension is warranted
because the ongoing armed conflict and extraordinary and temporary
conditions supporting South Sudan's TPS designation persist. The
Secretary has further determined that the conditions support
redesignating South Sudan for TPS under section 244(b)(1)(A) and (C) of
the Act and is changing the ``continuous residence'' and ``continuous
physical presence'' dates that applicants must meet to be eligible for
TPS. Armed conflict and extraordinary and temporary conditions in South
Sudan persist. Armed conflict poses a serious threat to the safety of
returning nationals in South Sudan. Despite a 2018 ceasefire of South
Sudan's civil war, ongoing fighting between the major armed groups
continue to result in violence against civilians, including civilian
casualties and gender-based violence, in several large areas of the
country. Extraordinary and temporary conditions that further prevent
South Sudanese nationals from returning in safety include an
exceptional level of intercommunal violence, a humanitarian crisis
involving severe food insecurity, record-setting flooding, and large-
scale displacement of civilians.
Since February 2020, limited implementation of the September 2018
Revitalized Agreement on the Resolution of the Conflict in the Republic
of South Sudan (R-ARCSS) \5\ ``has hindered improvements in the
protection of civilians and prospects for long-term peace'' in South
Sudan.\6\ Moreover, ongoing political disputes and disagreements
between the two main signatories--the Sudan People's Liberation
Movement (SPLM), led by President Salva Kiir Mayardit, and the Sudan
People's Liberation Movement-Army in Opposition (SPLM/A-IO), led by the
First Vice-President, Riek Machar Teny, ``has widened existing
political, military and ethnic divisions in the country and has led to
multiple incidents of violence'' between the two parties.\7\ Political
divisions among the non-signatories \8\ to the R-ARCSS have also not
been resolved.\9\ Moreover, the SPLM/A-IO has begun to break apart and
new splinter groups have formed,\10\ resulting in increased
violence.\11\
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\5\ The Revitalized Agreement on the Resolution of the Conflict
in the Republic of South Sudan (R-ARCSS) was signed on September 12,
2018 by President Kiir, current First Vice President Riek Machar
Teny, and other representatives of certain opposition groups. A
prior peace agreement was signed in 2015 and a unity government was
formed; however, fighting ensued between the parties in July 2016
and Machar left South Sudan shortly thereafter. The R-ARCSS
addresses various political, security, and transitional justice
issues, including the establishment of a unity government. However,
not all of South Sudan's opposition leaders signed the agreement,
including a key opposition group, the National Salvation Front
(NAS). South Sudan Security Situation, EASO, April 24, 2020, pg. 3,
available at: https://www.ecoi.net/en/file/local/2028851/2020_04_Q8_COI_South_Sudan_Security_Situation.pdf.
\6\ Panel of Experts on South Sudan, United Nations (UN)
Security Council, April 15, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\7\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\8\ Previously united under one umbrella group--the South Sudan
Opposition Movements Alliance--non-signatories of the R-ARCSS have
divided into two factions, one led by General Thomas Cirillo Swaka,
the leader of the National Salvation Front (``NAS''), and another
led by General Pagan Amum and General Paul Malong Awan Anei. Panel
of Experts on South Sudan, UN Security Council, April 15 2021, pg.
9, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\9\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 9, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\10\ See id.
\11\ SURFACE TENSION: `COMMUNAL' VIOLENCE AND ELITE AMBITIONS IN
SOUTH SUDAN, ACLED, August 19, 2021, available at: https://acleddata.com/2021/08/19/surface-tension-communal-violence-and-elite-ambitions-in-south-sudan/.
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Thus, South Sudan faces increasing violence \12\ from both
government security forces and armed groups.\13\ In 2020, the United
Nations (UN) and international organizations reported on ``widespread
killings, mutilations, and sexual violence, disproportionately
committed by government forces but also by the National Salvation Front
\14\ (NAS), a key opposition group.'' \15\ In March 2021, the UN
Commission on Human Rights in South Sudan noted that armed clashes at
the local level also resulted in the mass displacement of the civilian
population, particularly women and girls.\16\ Children are among those
[[Page 12193]]
feeling the greatest impact of this violence, which--along with other
factors--is exposing them to protection risks and life-threatening
diseases.\17\ Moreover, sexual violence--including rape, gang rape,
abduction, sexual slavery, and sexual mutilation remain ``consistent
features of the conflict in South Sudan since 2013, and are now being
replicated in conflict at the local level.'' \18\
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\12\ See id.
\13\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 15, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\14\ The opposition group NAS is led by General Thomas Cirillo
Swaka, and has maintained a significant security presence and
support in Central Equatoria. NAS is not a signatory to the R-ARCSS,
maintaining that the root causes of the conflict in South Sudan have
not been addressed in the peace agreement. See Final report of the
Panel of Experts on South Sudan, UN Security Council, April 28,
2020, pg. 16, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\15\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 1,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
\16\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, February 4, 2021, pg. 14, available at:
https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\17\ South Sudan Humanitarian Situation Report, UN Children's
Fund (UNICEF), December 30, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/unicef-south-sudan-humanitarian-situation-report-no-163-1-30-november-2021.
\18\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, February 4, 2021, pg. 14; available at:
https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
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Humanitarian organizations in South Sudan continue to face security
and bureaucratic barriers that affect the delivery of and access to
humanitarian aid and pose ``serious personal risks to aid workers.''
\19\
---------------------------------------------------------------------------
\19\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 16, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
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Moreover, in 2021, ``widespread flooding, ongoing violence, and
subsequent displacement continued to deepen humanitarian needs in South
Sudan.'' \20\ As a result, South Sudan is also facing ``one of the
direst food crises the country has faced since its independence in
2011.'' \21\ Chronic food shortages, a deepening economic crisis,
insecurity, and limited agricultural production have led to high levels
of acute malnutrition.\22\ South Sudan's health care infrastructure
also remains inadequate.\23\ Facilities are limited, often
inaccessible, and facing staffing shortages amongst ongoing insecurity
and violence.\24\
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\20\ Situation in South Sudan; Report of the Secretary-General,
UN Security Council, December 7, 2021 pg. 5, available at: https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
\21\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 15, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\22\ South Sudan Humanitarian Fund Annual Report 2020, UN Office
for the Coordination of Humanitarian Affairs (UNOCHA), July 6, 2021,
pg. 7, available at: https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
\23\ South Sudan--Strengthening primary health care in fragile
settings, World Health Organization, May 20, 2021, available at:
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
\24\ South Sudan--Strengthening primary health care in fragile
settings, World Health Organization, May 20, 2021, available at:
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
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Numbers at a Glance
The United States Agency for International Development (USAID)
provided the following key statistics for South Sudan in a January 19,
2022 Fact Sheet: \25\
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\25\ South Sudan--Crisis, Fact Sheet #2 Fiscal Year 2022, U.S.
Agency for International Development (USAID), January 19, 2022,
available at: https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-2-fiscal-year-fy-2022.
Number of people in need of Humanitarian Assistance: 8,300,000
\26\ (per UN Office for the Coordination of Humanitarian Affairs
(UNOCHA) as of March 2021)
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\26\ According to UNOCHA, as of January 2021 the total
population of South Sudan is 12.1 million. South Sudan--Crisis, Fact
Sheet #2 Fiscal Year 2022, USAID, January 19, 2022, available at:
https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-2-fiscal-year-fy-2022.
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Number of estimated internally displaced persons (IDPs):
2,000,000 (per UNOCHA as of January 2022)
Number of people affected by ongoing floods since May 2021:
835,000 (per UNOCHA as of January 2022)
Estimated number of refugees from South Sudan in neighboring
countries: 2,300,000 (per Office of the UN High Commissioner for
Refugees (UNHCR) as of November 2021)
Security Situation
In June 2021, the UN reported that ``the overall implementation of
the R-ARCSS is progressing slowly.'' \27\ Political gridlock over
implementation of the political and security aspects of the R-ARCSS
have also contributed to insecurity in South Sudan.\28\ The UN further
assessed that weak or absent State governance has allowed ``perennial
communal and ethnic cleavages,'' while entrenched insecurity
contributes to a vicious cycle of livestock raiding and subsequent food
insecurity. A weakened rule of law and flagging economic conditions
have resulted in increased criminality and the targeting of
humanitarian workers.\29\
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\27\ Marking a Decade of Independence, South Sudan Faces Slow
Progress, Lingering Violence, Secretary-General's Special
Representative Tells Security Council, UN Security Council, June 22,
2021, available at: https://reliefweb.int/report/south-sudan/marking-decade-independence-south-sudan-faces-slow-progress-lingering-violence.
\28\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\29\ Marking a Decade of Independence, South Sudan Faces Slow
Progress, Lingering Violence, Secretary-General's Special
Representative Tells Security Council, UN Security Council, June 22,
2021, available at: https://reliefweb.int/report/south-sudan/marking-decade-independence-south-sudan-faces-slow-progress-lingering-violence.
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The lack of adequate financial resources and logistical support for
the unification, training, and deployment of the South Sudan armed
forces, as outlined in the R-ARCSS, remains a significant security
challenge.\30\ A key component of the R-ARCSS is the long-term
garrisoning (cantonment), registration, screening, selection, training
and redeployment of opposition forces and the creation of a unified
army of 83,000 soldiers. South Sudanese military cantonment sites and
training centers \31\ have made little progress in establishing a
unified force, further contributing to a security vacuum in the
country.\32\ Security forces in the few cantonment sites often lack
access to basic services, such as food, water, sanitation and health
care.\33\ In addition, the proliferation and availability of small
amounts of ammunition across South Sudan \34\ has ``enabled armed
groups not associated with government security forces, such as local
militias and cattle-raiding groups, to perpetuate instability'' in the
country.\35\
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\30\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, March 4, 2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\31\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, January 31, 2020, pg. 6, available
at: https://www.ecoi.net/en/file/local/2025863/A_HRC_43_56_E.pdf.
\32\ Report of the Commission on Human Rights in South Sudan, UN
Human Right Council, March 4, 2021, pg. 13, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\33\ Report of the Commission on Human Rights in South Sudan [A/
HRC/46/53] UN Human Rights Council, March 4, 2021, pg. 4, available
at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\34\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 21, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\35\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 21, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
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The U.S. Department of State noted in its 2020 Country Reports on
Human Rights Practices for South Sudan that:
The United Nations, international cease-fire monitors, human
rights organizations, and media reported the government, or its
agents, committed numerous arbitrary or unlawful killings. Security
forces, opposition forces, armed militias affiliated with the
government and the opposition, and ethnically based groups were also
responsible for widespread extrajudicial killings.\36\
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\36\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 1,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
Moreover, in 2020, ongoing violence in Jonglei and the Greater
Pibor Administration Area was ``the worst
[[Page 12194]]
recorded since the outbreak of the national conflict in South Sudan in
December 2013, with waves of attacks and reprisals that left hundreds
of South Sudanese women, men and children dead, maimed or destitute.''
\37\ In March 2021, the UN Commission on Human Rights in South Sudan
assessed that ``gross human rightsviolations and abuses amounting to
serious violations of international humanitarian law were committed in
the context of localized conflicts by armed militias affiliated to the
primary parties in conflict--the South Sudan People's Defence Forces
(SSPDF) and the Sudan People's Liberation Movement--In Opposition
(SPLA-IO).'' \38\ These acts included those'':
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\37\ Report of the Commission on Human Rights in South Sudan UN
Human Rights Council, March 4, 2021, pg. 7, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\38\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, March 4, 2021, pg. 9, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
perpetrated against civilians, includ[ing] abductions, forced
recruitment (including of children), murder, sexual violence, ill-
treatment, looting and the unnecessary destruction of property. Many
of these attacks revealed a shocking disregard for civilian
lives.\39\
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\39\ Id.
In 2021, Upper Nile, Warrap, Lakes, Central Equatoria, and Western
Equatoria states were particularly affected by violence ``resulting in
displacement, increased protection risks and rights violations, as well
as diminished humanitarian access.'' \40\
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\40\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
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Violence Against Children
Children in South Sudan continued to be victims of what the Office
of the Special Representative of the Secretary General for Children and
Armed Conflict refers to as ``grave violations'' against children.\41\
According to the UN Security Council's 2021 Children and Armed Conflict
in South Sudan report, children were recruited by the SPLM/A-IO and the
SSPDF.\42\ In addition, hundreds of girls and boys continue to be
abducted.\43\ Perpetrators of child abduction included the NAS, SPLM/A-
IO, and SSPDF.\44\ Child abuse, including sexual abuse, was reportedly
also widespread in South Sudan.\45\
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\41\ To better monitor, prevent, and end these attacks, the
United Nations Security Council hasidentified and condemned six
grave violations against children in times of war: Killing and
maiming of children; recruitment or use of children in armed forces
and armed groups; attacks on schools or hospitals; rape or other
grave sexual violence; abduction of children; and denial of
humanitarian access for children, The Six Grave Violations, Office
of the Special Representative of the Secretary General for Children
and Armed Conflict, https://childrenandarmedconflict.un.org/six-grave-violations/ (last visited on January 13, 2022).
\42\ Id.
\43\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, February 4, 2021, pg. 7, available
at: https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.
\44\ Children and armed conflict in South Sudan, United Nations
Security Council, May 6, 2021, pg. 21, available at: https://www.un.org/ga/search/view_doc.asp?symbol=S/2021/437&Lang=E&Area=UNDOC.
\45\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 5,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
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Sexual and Gender-Based Violence
Sexual and gender-based violence remains a ``hallmark of the
conflict in South Sudan.'' \46\ In February 2021, the UN Commission on
Human Rights in South Sudan reported that:
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\46\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, February 4, 2021, pg. 13, https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
As of September 2020, South Sudan had seen an estimated 88
percent increase in the number of women victims of conflict-related
sexual violence since the previous quarter and a 119 percent rise in
the number of abductions since the previous quarter. The upsurge in
localized conflict in Central Equatoria (Yei and surrounding areas),
Jonglei and the Greater Pibor Administrative Area and Warrap (Tonj
West and North) saw women and girls targeted by all sides.\47\
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\47\ Id.
In addition, rural communities often abducted women and children
during cattle raids.\48\ Girls who are abducted have been reportedly
``forced into sexual slavery, tortured and repeatedly gang raped.''
\49\ According to credible reports, perpetrators of forced marriage and
sexual violence include security forces, community-based militias,
civil defense groups, and other armed groups.\50\
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\48\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 5,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
\49\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, February 4, 2021, pg. 7, https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.
\50\ UNHCR Position on Returns to South Sudan, UNHCR, October
2021, pg. 7, https://www.refworld.org/pdfid/617676f04.pdf.
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Humanitarian Situation
In 2020, continued violence, particularly in Jonglei, Warrap, and
the Greater Equatoria region resulted in ``sustained mass population
displacement, both within the country and into neighboring countries,
and high levels of humanitarian and protection needs.'' \51\ Insecurity
and COVID-related restrictions also further hampered humanitarian
organizations' ability to deploy and respond to medical and other
emergency needs in the area.\52\
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\51\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 5,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
\52\ South Sudan--Violence, floods, displacement in Jonglei,
European Civil Protection and Humanitarian Aid Operations, August
11, 2020, available at: https://reliefweb.int/report/south-sudan/south-sudan-violence-floods-displacement-jonglei-dg-echo-ocha-media-echo-daily.
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In January 2021, UNOCHA assessed that ``more people in South Sudan
than ever are in need of humanitarian assistance,'' resulting in an
``estimated 8.5 million people, over two thirds of the population, in
need of humanitarian assistance, compared to 7.5 million in 2020 and
7.1 million in 2019.'' \53\ South Sudan is also facing high levels of
food insecurity and violence, coupled with flooding and the impact of
the COVID-19 pandemic.\54\
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\53\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 16, https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\54\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6, https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
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Displacement
Civilians faced significant conflict-related forced displacement in
South Sudan.\55\ In August 2020, UNOCHA estimated that since February
2020, 157,000 people had been displaced in several counties in Jonglei
state, as a result of the ongoing violence and revenge attacks among
the warring parties.\56\ In 2021, fighting between armed forces,
ongoing violence, and cattle raids in Central and Western Equatoria,
Jonglei, the Greater Pibor Administrative Area and Upper Nile states
``uprooted people and disrupted humanitarian activities.'' \57\ In
Western Equatoria, an estimated 80,000 people
[[Page 12195]]
were displaced in Tambura country.\58\ In early July 2021, fighting in
Warrap state displaced around 10,000 people and left hundreds without
any shelter.\59\ In Upper Nile, in August 2021, fighting among factions
of SPLM/A-IO displaced some 2,000 people.\60\
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\55\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 25, https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\56\ South Sudan--Violence, floods, displacement in Jonglei,
European Civil Protection and Humanitarian Aid Operations, August
11, 2020, https://reliefweb.int/report/south-sudan/south-sudan-violence-floods-displacement-jonglei-dg-echo-ocha-media-echo-daily.
\57\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6-7, https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\58\ Situation in South Sudan; Report of the Secretary-General,
UN Security Council, December 7, 2021, pg. 5, https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
\59\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6, https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\60\ Id. at pg. 7.
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Food Insecurity \61\ and Floods
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\61\ According to the Food and Agriculture Organization of the
United Nations (FAO), the lack of ``regular access to enough safe
and nutritious food for normal growth and development and an active
and healthy life. This may be due to unavailability of food and/or
lack of resources to obtain food. Food insecurity can be experienced
at different levels of severity.'' Hunger and food security, Food
and Agriculture Organization of the United Nations (FAO), https://www.fao.org/hunger/glossary (last visited January 13, 2022).
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South Sudan remains one of the most food-insecure countries in the
world.\62\ The overall food security situation deteriorated towards the
end of 2020.\63\ Between April and July 2021, an estimated 7.2 million
people, 60 percent of the population, faced high levels of acute food
insecurity.\64\ Malnutrition in particular remains a pressing issue in
South Sudan, with approximately 1.9 million women and children acutely
malnourished.\65\ Malnutrition levels among children under five years
of age are above emergency thresholds in many parts of the country, and
1.4 million children are estimated to be acutely malnourished.\66\ The
main factors driving food insecurity and malnourishment are the ongoing
conflicts, flooding, and COVID-19.\67\ Moreover, COVID-19 mitigation
efforts also disrupted access to supply chains for commercial and
humanitarian assistance, further contributing to food insecurity.\68\
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\62\ South Sudan Humanitarian Fund Annual Report 2020, UNOCHA,
July 6, 2021, pg. 7, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
\63\ South Sudan Humanitarian Fund Annual Report 2020, UNOCHA,
July 6, 2021, pg. 7, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
\64\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\65\ South Sudan Situation Report, World Food Programme, October
29, 2021, pg.1, available at https://reliefweb.int/report/south-sudan/wfp-south-sudan-situation-report-296-29-october-2021.
\66\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\67\ South Sudan Humanitarian Fund Annual Report 2020, UNOCHA,
July 6, 2021, pg. 7, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
\68\ Id.
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In October 2021, the World Food Programme (WFP) reported that South
Sudan faced a third year of unprecedented flooding.\69\ The flooding
was exacerbated by standing water from major floods in the previous two
years, most of which had not fully receded.\70\ The most recent
flooding has led to ``widespread displacement, destruction of
livelihoods and contamination of water sources, compounding existing
insecurity issues in many regions.'' \71\ In its December 2021 report,
UNOCHA reported that the number of people affected by floods since May
2021 was 835,000,\72\ up from the 380,000 reported in August 2021.\73\
In its February 2021 report, the UN Commission on Human Rights in South
Sudan reported that ``since the onset of the floods in July 2020, more
than one million South Sudanese have been affected by the flooding and
more than 856,000 people were displaced and forced to seek refuge on
higher ground.'' \74\ The Commission further noted that:
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\69\ South Sudan Situation Report, World Food Programme, October
29, 2021, pg.1, available at https://reliefweb.int/report/south-sudan/wfp-south-sudan-situation-report-296-29-october-2021.
\70\ South Sudan Situation Report, REACH, December 2021, pg. 2,
available at https://reliefweb.int/report/south-sudan/south-sudan-flooding-trends-counties-particular-concern-food-insecurity-december.
\71\ Id. at pg. 1.
\72\ South Sudan Situation Report, UNOCHA, December 2021, pg. 1,
available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-snapshot-december-2021.
\73\ South Sudan Humanitarian Snapshot, UNOCHA, August 2021, pg.
1, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-snapshot-august-2021.
\74\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, February 4, 2021, pg. 10, available
at https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.
The floods also destroyed hectares of crops and led to the loss
of livestock indispensable to the survival of local populations.
Moreover, vital water sources became heavily contaminated, rendering
vulnerable communities unable to flee at severe risk of contracting
life-threatening waterborne diseases, including typhoid and
cholera.\75\
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\75\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, February 4, 2021, pg. 11, available
at https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.1.
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Access to Humanitarian Assistance
Insecurity continued to affect access to humanitarian assistance,
particularly in parts of Central and Western Equatoria, Jonglei, and
the Greater Pibor Administrative Area.\76\ In addition, in 2021
humanitarian workers and facilities continued to be targeted and at
risk of attack,\77\ resulting in the disruption and suspension of
humanitarian action.\78\ In December 2021, the UN assessed that between
September and November 2021, ``89 humanitarian access incidents were
reported, including 13 ambushes and 5 lootings, a 47 percent increase
compared with the previous reporting period [published in June 2021].''
\79\ In Western Equatoria, health facilities were looted and destroyed;
since the beginning of 2021, more than 911 metric tons of food items
and nutritional supplements have been looted or destroyed.\80\
Moreover, recurring violence in Jonglei and Greater Pibor
Administrative Area affected the delivery of critical humanitarian
assistance to highly food-insecure people.\81\ In addition, poor road
conditions, compounded by heavy rain and ongoing floods, have led to
access challenges and slowed the response in the flood-affected
areas.\82\ The government of South Sudan also has limited access to
humanitarian aid by establishing:
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\76\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\77\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\78\ Situation in South Sudan; Report of the Secretary-General,
UN Security Council, December 7, 2021, pg. 7, available at https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
\79\ Situation in South Sudan; Report of the Secretary-General,
UN Security Council, December 7, 2021, pg. 5-6, available at https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
\80\ Situation in South Sudan, UN Security Council, September 9,
2021. pg. 7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\81\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6-7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\82\ Situation in South Sudan; Report of the Secretary-General
[S/2021/1015], UN Security Council, December 7, 2021, pg. 5-6,
available at https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
an intentionally complex bureaucratic system for the delivery of aid
and has failed to guarantee the safe delivery of humanitarian aid.
In particular, multiple sources raised serious concerns about the
Government's deliberate policy of denying or delaying the issuance
of visas for hundreds of international humanitarian staff who had
been evacuated from South Sudan owing to COVID-19.\83\
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\83\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 16-17, available at https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
[[Page 12196]]
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Healthcare and COVID-19
In August 2020, UNHCR reported that ``about 56 percent of South
Sudan's population does not have access to primary healthcare
services.'' \84\ In addition, less than 2 percent of South Sudan's
national budget is spent on healthcare,\85\ resulting in poorly
equipped health facilities with limited staff.\86\ In January 2021,
UNOCHA reported that ``out of approximately 2,300 health facilities,
more than 1,300 are non-functional. Of the functioning health
facilities, 57 percent are supported by humanitarian and development
partners and many remain in areas that are not easily accessible by the
communities.'' \87\ South Sudan also continues to face ``regular
outbreaks of infectious diseases like measles, water-borne diseases
such as diarrhea and Hepatitis E virus, and vector-borne diseases like
malaria and yellow fever,'' in addition to the impact of the COVID-19
pandemic.\88\ According to the WFP, the ``COVID-19 pandemic continues
to present serious risks to an already fragile situation, threatening
to further exacerbate acute food insecurity.'' \89\ As of January 3,
2022, 16,607 people had contracted COVID-19, including 136 associated
deaths.\90\
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\84\ Renewed violence and delayed implementation of the peace
agreement severely threaten peace and stability in South Sudan, UN
experts note, UNHCR, August 14, 2020, available at https://www.ecoi.net/en/document/2036539.html.
\85\ South Sudan--Strengthening primary health care in fragile
settings, World Health Organization, May 20, 2021, available at
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
\86\ South Sudan Humanitarian Needs Overview 2021 (January
2021), UNOCHA, January 2021, pg. 12, available at https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
\87\ South Sudan Humanitarian Needs Overview 2021 (January
2021), UNOCHA, January 2021, pg. 12, available at https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
\88\ Strengthening public health surveillance and response using
the third Edition Integrated Disease Surveillance and Response
guidelines in South Sudan, World Health Organization, November 27,
2021, available at https://reliefweb.int/report/south-sudan/strengthening-public-health-surveillance-and-response-using-third-edition.
\89\ South Sudan Country Brief, World Food Programme, November
2021, pg. 1, available at https://reliefweb.int/report/south-sudan/wfp-south-sudan-country-brief-november-2021.
\90\ South Sudan COVID-19 Dashboard, World Health Organization,
https://covid19.who.int/region/emro/country/sd (last visited on
January 19, 2022).
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Economic Situation
According to the World Bank, South Sudan is facing ``concurrent
setbacks in the economy'' due to rising poverty, food insecurity and a
resurgence of conflict.\91\ Moreover, falling global oil prices have
also affected South Sudan's oil revenues.\92\ South Sudan's economy is
heavily oil-dependent, with oil accounting for 90 percent of government
revenue and nearly all exports.\93\ This situation has caused a ``great
percentage of South Sudanese people to lose their sources of livelihood
and has left some communities facing catastrophic needs.'' \94\
Moreover, urgent and essentials measures to manage the COVID-19
pandemic, ``worsened economic conditions, disrupting livelihoods and
affecting vulnerable households' access to markets, food and adequate
income.'' \95\
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\91\ South Sudan Economic Update, June 2021: Pathways to
Sustainable Food Security, The World Bank, July 2, 2021, available
at https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
\92\ South Sudan Economic Update, June 2021: Pathways to
Sustainable Food Security, The World Bank, July 2, 2021, available
at https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
\93\ South Sudan Humanitarian Needs Overview 2021 (January
2021), UNOCHA, January 2021, pg. 12, available at https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
\94\ South Sudan Economic Update, June 2021: Pathways to
Sustainable Food Security, The World Bank, July 2, 2021, available
at https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
\95\ South Sudan Humanitarian Response Plan, FAO, May 2021, pg.
2, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-response-plan-2021.
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Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions supporting South Sudan's designation for
TPS continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
There continues to be an ongoing armed conflict in South
Sudan and, due to such conflict, requiring the return to South Sudan of
South Sudanese nationals (or individuals having no nationality who last
habitually resided in South Sudan) would pose a serious threat to their
personal safety. See INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
There continue to be extraordinary and temporary
conditions in South Sudan that prevent South Sudanese nationals (or
individuals having no nationality who last habitually resided in South
Sudan) from returning to South Sudan in safety, and it is not contrary
to the national interest of the United States to permit South Sudanese
TPS beneficiaries to remain in the United States temporarily. See INA
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of South Sudan for TPS should be extended
for an 18-month period, from May 3, 2022, through November 3, 2023. See
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Due to the conditions described above, South Sudan should
be simultaneously extended and redesignated for TPS effective May 3,
2022, through November 3, 2023. See section 244(b)(1)(A) and (C) and
(b)(2) of the Act, 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
For the redesignation, the Secretary has determined that
TPS applicants must demonstrate that they have continuously resided in
the United States since March 1, 2022.
Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since March 3, 2022, the effective date of the
redesignation of South Sudan for TPS.
There are approximately 97 current South Sudanese TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
It is estimated that approximately 235 additional
individuals may be eligible for TPS under the redesignation of South
Sudan. This population includes South Sudanese nationals in the United
States in nonimmigrant status or without immigration status.
Notice of Extension of the TPS Designation and Redesignation of South
Sudan for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, the conditions supporting South
Sudan's designation for TPS continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am simultaneously extending the existing designation
of TPS for South Sudan for 18 months, from May 3, 2022, through
November 3, 2023, and redesignating South Sudan for TPS for the same
18-month period. See INA section 244(b)(1)(A), (b)(1)(C) and (b)(2); 8
U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To register or re-register for TPS based on the designation of
South Sudan, you must submit an Application for
[[Page 12197]]
Temporary Protected Status (Form I-821). If you are filing an initial
application, you must pay the fee for the Form I-821 or request a fee
waiver. If you are filing an application for re-registration, you do
not need to pay the fee for the Form I-821. There is no Form I-821 fee
for re-registration. See 8 CFR 244.17. You may be required to pay the
biometric services fee. If you can demonstrate an inability to pay the
biometric services fee, you may request to have the fee waived. Please
see additional information under the ``Biometric Services Fee'' section
of this notice.
Through this Federal Register notice, your existing EAD issued
under the TPS designation of South Sudan with the expiration date of
May 2, 2022, is automatically extended for 180 days, through November
1, 2022. If you want to obtain a new EAD valid through November 3,
2023, you must file an Application for Employment Authorization (Form
I-765) and pay the Form I-765 fee (or request a fee waiver). If you do
not want a new EAD, you do not have to file Form I-765 and pay the Form
I-765 fee. If you do not want to request a new EAD now, you may also
file Form I-765 at a later date and pay the fee (or request a fee
waiver), provided that you still have TPS or a pending TPS application.
However, you are strongly encouraged to file your application for a new
EAD as early as possible to avoid gaps in the validity of your
employment authorization documentation and to ensure that you receive
your new EAD by November 1, 2022.
If you are applying for initial registration and want an EAD, you
must file and pay the fee for the Form I-765 (or request a fee waiver).
If you do not want to request an EAD now, you may also file Form I-765
at a later date and pay the fee (or request a fee waiver), provided
that you still have TPS or a pending TPS application. You may file the
application for a new EAD either prior to or after your current EAD has
expired.
Everyone must provide their employer with documentation showing
that they have the legal right to work in the United States. In
general, TPS beneficiaries, including those who are not employed, are
not required to have an EAD. But they can obtain one and if they work,
the EAD is an acceptable document that proves their legal right to
work.
If you have a Form I-821 or Form I-765 that was still pending as of
March 3, 2022, then you do not need to file either application again.
If USCIS approves your pending TPS application, USCIS will grant you
TPS through November 3, 2023. Similarly, if USCIS approves your pending
TPS-related Form I-765, it will be valid through the same date.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at https://www.uscis.gov/tps. Fees
for the Form I-821, the Form I-765, and biometric services are also
described in 8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must generally submit a
biometric services fee. As previously stated, if you can demonstrate an
inability to pay the biometric services fee, you may be able to have
the fee waived. You may request a fee waiver by submitting a Request
for Fee Waiver (Form I-912). For more information on the application
forms and fees for TPS, please visit the USCIS TPS web page at
www.uscis.gov/tps. USCIS may require you to visit an Application
Support Center so we can capture your biometrics. For additional
information on the USCIS biometrics screening process, please see the
USCIS Customer Profile Management Service Privacy Impact Assessment,
available at www.dhs.gov/privacy.
Refiling a TPS Initial Registration Application After Receiving Notice
That USCIS Did Not Grant the Fee Waiver Request
You should file as soon as possible so USCIS can process your
application and issue any EAD promptly, if you requested one. If USCIS
denies your fee waiver request related to your initial TPS application,
you must refile your Form I-821 for TPS along with the required fees no
later than November 3, 2023, to continue seeking initial TPS. If USCIS
does not grant your fee waiver request, you may also refile your Form
I-765, with fee, either with your Form I-821 or at a later time as long
as it is within the period that South Sudan is designated for TPS, if
you choose.
Note: Unless USCIS grants a fee waiver, an initial applicant
for TPS must pay the Form I-821 filing fee and applicants age 14 or
older must also pay the biometric services fee. However, if you
decide to wait to request an EAD, you do not have to file the Form
I-765 or pay the associated Form I-765 fee (or request a fee waiver)
at the time of registration. You may wait to seek an EAD until after
USCIS has approved your TPS registration application or at any later
date you decide you want to request an EAD as long as TPS for South
Sudan continues. To register for TPS, you only need to file the Form
I-821 with the $50 filing fee and the biometric services fee, if
applicable (or request a fee waiver).
Refiling a TPS Re-Registration Application After Receiving Notice That
the Fee Waiver Request Was Not Granted
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any
EAD promptly, if you requested one. Properly filing early will also
give you time to refile your application before the deadline, if USCIS
does not grant your fee waiver request. If you receive a notice that
USCIS did not grant your fee waiver request, and you are unable to
refile by the re-registration deadline, you may still refile your Form
I-821 with the biometrics fee. USCIS will review this situation to
determine whether you established good cause for late TPS re-
registration. However, if possible, we urge you to refile within 45
days of the date on any USCIS notice that we did not grant you a fee
waiver. See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR
244.17(b). For more information on good cause for late re-registration,
visit the USCIS TPS web page at https://www.uscis.gov/tps. If USCIS
does not grant your fee waiver request, you may also refile your Form
I-765 with the fee either with your Form I-821 or at a later time, if
you choose.
Note: A re-registering TPS beneficiary age 14 and older must
pay the biometric services fee (but not the Form I-821 filing fee),
or request a fee waiver, when filing a TPS re-registration
application. However, if you decide to wait to request an EAD, you
do not have to file the Form I-765 or pay the associated Form I-765
fee (or request a fee waiver) at the time of re-registration. You
may wait to seek an EAD until after USCIS has approved your TPS re-
registration application or at any later date you decide you want to
request an EAD. To re-register for TPS, you only need to file the
Form I-821 with the biometric services fee, if applicable (or
request a fee waiver).
Filing Information
USCIS offers the option to applicants for TPS under South Sudan's
designation to file Form I-821 and related requests for EADs online or
by mail. When filing a TPS application, applicants can also request an
EAD by submitting a completed Form I-765, Application for Employment
Authorization, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing
[[Page 12198]]
online.\96\ To file these forms online, you must first create a USCIS
online account.\97\ Online filing is not available for applicants
requesting a fee waiver. Such applications should be completed by mail.
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\96\ Find information about online filing at Forms Available to
File Online, https://www.uscis.gov/file-online/forms-available-to-file-online.
\97\ https://myaccount.uscis.gov/users/sign_up.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Application for Temporary Protected Status
(Form I-821) and Application for Employment Authorization (Form I-765),
Request for Fee Waiver (Form I-912) (if applicable) and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you would like to send your
application by: Then, mail your application to:
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U.S. Postal Service.................. USCIS, Attn: TPS South Sudan,
P.O. Box 6943, Chicago, IL 60680-
6943.
FedEx, UPS, or DHL................... USCIS, Attn: TPS South Sudan (Box
6943), 131 S Dearborn St. 3rd
Floor, Chicago, IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please mail your application to the appropriate mailing address in
Table 1. When you are re-registering and requesting an EAD based on an
IJ/BIA grant of TPS, please include a copy of the IJ or BIA order
granting you TPS with your application. This will help us to verify
your grant of TPS and process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying or
registering for TPS on the USCIS website at www.uscis.gov/tps under
``South Sudan.''
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file an application
for advance parole if you wish to travel outside the United States.
Advance parole gives you permission to leave the United States and
return during a specific period. TPS beneficiaries retain the same
immigration status they had prior to the travel. To request advance
parole, you must file Form I-131, Application for Travel Document,
available at www.uscis.gov/i-131. You may file Form I-131 together with
your Form I-821 or separately. When filing the Form I-131, you must:
Select Item Number 1.d. in Part 2 on the Form I-131; and
Submit the fee for the Form I-131, or request a fee waiver,
which may be submitted on Request for Fee Waiver (Form I-912)
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1 above. If you are filing Form I-
131 separately based on a pending or approved Form I-821, send your
form to the address listed in Table 2 below and include a copy of Form
I-797 for the approved or pending Form I-821.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you . . . Mail to . . .
------------------------------------------------------------------------
Are filing Form I-131 together with a U.S. Postal Service (USPS):
Form I-821, Application for Temporary USCIS, Attn: TPS South Sudan,
Protected Status. P.O. Box 6943, Chicago, IL
60680-6943.
FedEx, UPS, or DHL: USCIS,
Attn: TPS South Sudan (Box
6943), 131 S Dearborn St. 3rd
Floor, Chicago, IL 60603-5517.
Are filing Form I-131 based on a U.S. Postal Service (USPS):
pending or approved Form I-821. USCIS, Attn: I-131 TPS, P.O.
You must include a copy of the receipt Box 660167, Dallas, TX 75266-
notice (Form I-797C) showing we 0867.
accepted or approved your Form I-821. FedEx, UPS, or DHL: USCIS,
Attn: I-131 TPS, 2501 S State
Hwy. 121 Business, Ste. 400,
Lewisville, TX 75067.
------------------------------------------------------------------------
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application,
including the status of an EAD request, you can check Case Status
Online at https://www.uscis.gov, or visit the USCIS Contact Center at
uscis.gov/contactcenter. If your Form I-765 has been pending for more
than 90 days, and you still need assistance, you may ask a question
about your case online at egov.uscis.gov/e-request/Intro.do or call the
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Am I eligible to receive an automatic 180-day extension of my current
EAD through November 1, 2022, using this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a South Sudan TPS-based EAD with an expiration date of
September 17, 2021, on the face of the card, bearing the notation A-12
or C-19 under Category, this notice automatically extends your EAD
through November 1, 2022. Although this Federal Register notice
automatically extends your EAD through November 1, 2022, you must re-
register timely for TPS in accordance with the procedures described in
this Federal Register notice to maintain your TPS and employment
authorization.
[[Page 12199]]
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Form I-9?
You can find the Lists of Acceptable Documents on the third page of
Form I-9 as well as the Acceptable Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete
Form I-9 to verify the identity and employment authorization of all new
employees. Within three days of hire, employees must present acceptable
documents to their employers as evidence of identity and employment
authorization to satisfy Form I-9 requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization), or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt for List A,
List B, or List C documents as described in the Form I-9 instructions.
Employers may not reject a document based on a future expiration date.
You can find additional information about Form I-9 on the I-9 Central
web page at https://www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A. See the section
``How do my employer and I complete Form I-9 using my automatically
extended EAD for a new job?'' of this Federal Register notice for
further information. If your EAD has an expiration date of May 2, 2022,
and states A-12 or C-19 under Category, it has been extended
automatically by virtue of this Federal Register notice and you may
choose to present your EAD to your employer as proof of identity and
employment eligibility for Form I-9 through November 1, 2022, unless
your TPS has been withdrawn or your request for TPS has been denied.
What documentation may I present to my employer for Form I-9 if I am
already employed but my current TPS-related EAD is set to expire?
Even though we have automatically extended your EAD, your employer
is required by law to ask you about your continued employment
authorization. Your employer may need to re-inspect your automatically
extended EAD to check the Card Expires date and Category code if your
employer did not keep a copy of your EAD when you initially presented
it. Once your employer has reviewed the Card Expiration date and
Category code, your employer should update the EAD expiration date in
Section 2 of Form I-9. See the section ``What updates should my current
employer make to Form I-9 if my EAD has been automatically extended?''
of this Federal Register notice for further information. You may show
this Federal Register notice to your employer to explain what to do for
Form I-9 and to show that USCIS has automatically extended your EAD
through November 1, 2022, but you are not required to do so. The last
day of the automatic EAD extension is November 1, 2022. Before you
start work on November 2, 2022, your employer is required by law to
reverify your employment authorization on Form I-9. By that time, you
must present any document from List A or any document from List C on
Form I-9 Lists of Acceptable Documents, or an acceptable List A or List
C receipt described in the Form I-9 instructions to reverify employment
authorization.
Your employer may not specify which List A or List C document you
must present and cannot reject an acceptable receipt.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my South Sudanese citizenship or a Form I-
797C showing I re-registered for TPS?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 Lists of Acceptable Documents that reasonably appears to
be genuine and that relates to you, or an acceptable List A, List B, or
List C receipt. Employers do not need to reverify List B identity
documents. Therefore, employers may not request proof of South Sudanese
citizenship or proof of re-registration for TPS when completing Form I-
9 for new hires or reverifying the employment authorization of current
employees. If you present an EAD that USCIS has automatically extended,
employers should accept it as a valid List A document so long as the
EAD reasonably appears to be genuine and relates to you. Refer to the
Note to Employees section of this Federal Register notice for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.
How do my employer and I complete Form I-9 using my automatically
extended EAD for a new job?
1. When using an automatically extended EAD to complete Form I-9
for a new job before November 2, 2022, for Section 1, you should:
a. Check ``An alien authorized to work until'' and enter November
1, 2022, as the ``expiration date''; and
b. Enter your Alien Number/USCIS number or A-Number where
indicated. (Your EAD or other document from DHS will have your USCIS
number or A-Number printed on it; the USCIS number is the same as your
A-Number without the A prefix.)
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a Card Expires date of May 2, 2022;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write November 1, 2022, as the expiration date.
Before the start of work on November 2, 2022, employers must
reverify the employee's employment authorization on Form I-9.
What updates should my current employer make to Form I-9 if my EAD has
been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and USCIS has now automatically extended your EAD,
your employer may need to re-inspect your current EAD if they do not
have a copy of the EAD on file. Your employer should determine if your
EAD is automatically extended by ensuring that it contains Category A-
12 or C-19 and has a Card Expires date of May 2, 2022, on the front of
the card.
If your employer determines that USCIS has automatically extended
your EAD, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and November 1, 2022, as the last day of the
automatic extension in the Additional Information field; and
2. Initial and date the correction.
Note: This is not considered a reverification. Employers do not
reverify the employee until either the 180-day automatic extension
has ended, or the employee presents a new document to show continued
employment authorization, whichever is sooner. By November 2, 2022,
when the employee's automatically extended EAD has expired,
employers are required by law to reverify the employee's employment
authorization on Form I-9.
[[Page 12200]]
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by
entering the number from the Document Number field on Form I-9 into the
document number field in E-Verify. Employers should enter November 1,
2022, as the expiration date for an EAD that has been extended under
this Federal Register notice.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?
E-Verify automated the verification process for TPS-related EADs
that are automatically extended. If you have employees who provided a
TPS-related EAD when they first started working for you, you will
receive a ``Work Authorization Documents Expiring'' case alert when the
auto-extension period for this EAD is about to expire. Before this
employee starts work on November 2, 2022, you must reverify their
employment authorization on Form I-9. Employers may not use E-Verify
for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. Calls are accepted in English,
Spanish, and many other languages. Employees or applicants may also
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Form I-9 and E-Verify. The IER Worker Hotline provides
language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of Tentative Nonconfirmation (TNC) must promptly
inform employees of the TNC and give such employees an opportunity to
contest the TNC. A TNC case result means that the information entered
into E-Verify from an employee's Form I-9 differs from Federal or state
government records.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of
the TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
verify 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 E-Verify
procedures is available on the IER website at https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, TPS beneficiaries presenting an automatically
extended EAD referenced in this Federal Register notice do not need to
show any other document, such as an I-797C Notice of Action or this
Federal Register notice, 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 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 a TPS
beneficiary, show you are authorized to work based on TPS or other
status, or that may be used by DHS to determine whether you have TPS or
other immigration status. Examples of such documents are:
Your current EAD with a TPS category code of A-12 or C-19;
Your Form I-94, Arrival/Departure Record;
Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
Your Form I-797, the notice of approval, for a past or
current Form I-821, if you received one from USCIS.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use USCIS'
Systematic Alien Verification for Entitlements (SAVE) program to
confirm the current immigration status of applicants for public
benefits. While SAVE can verify when an individual has TPS, each
agency's procedures govern whether they will accept an unexpired EAD,
Form I-797, or Form I-94, Arrival/Departure Record. If an agency
accepts the type of TPS-related document you are presenting, such as an
EAD, the agency should accept your automatically extended EAD,
regardless of the country of birth listed on the EAD. It may assist the
agency if you:
a. Present the agency with a copy of the relevant Federal Register
notice showing the extension of TPS-related documentation in addition
to your recent TPS-related document with your A-number, USCIS number or
Form I-94 number;
b. Explain that SAVE will be able to verify the continuation of
your TPS 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 verifying your TPS.
[[Page 12201]]
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 TPS-related documentation. 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/. CaseCheck is a free service that lets you
follow the progress of your SAVE verification case using your date of
birth and one immigration identifier number (A-number, USCIS number or
Form I-94 number) or Verification Case 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 SAVE
response is correct, the SAVE website, www.uscis.gov/save, has detailed
information on how to make corrections or update your immigration
record, make an appointment, or submit a written request to correct
records.
[FR Doc. 2022-04573 Filed 3-2-22; 8:45 am]
BILLING CODE 9111-97-P