Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Liberia, 77885-77890 [2024-21661]
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Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices
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in preparation for OMB review and
approval of the following information
collection, TSA is soliciting comments
to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
OMB Control Number 1652–0005;
Security Programs for Foreign Air
Carriers, 49 CFR part 1546. TSA uses
the information collected to determine
compliance with 49 CFR part 1546 and
to ensure passenger safety by
monitoring foreign air carrier security
procedures. Foreign air carriers must
carry out security measures to provide
for the safety and security of persons,
property, and cargo transported on
aircraft provided by the foreign air
carrier against acts of criminal violence
and air piracy, and the introduction of
unauthorized explosives, incendiaries,
or other destructive devices, items, or
substances aboard an aircraft. The
information TSA collects includes
identifying information on foreign air
carriers’ flight crews, passengers, and
cargo. Specifically, TSA requires foreign
air carriers to electronically submit the
following information: (1) a master crew
list of all flight and cabin crew members
flying to and from the United States; (2)
the flight crew list on a flight-by-flight
basis; (3) passenger identifying
information on a flight-by-flight basis;
and (4) cargo shipment information.
This information collection is
mandatory for foreign air carriers and
must be submitted before entry into the
United States.
Additionally, foreign air carriers must
maintain these records, as well as
training records for crew members and
individuals performing security-related
functions and other records of
compliance associated with the security
programs, and make them available to
TSA for inspection upon request. TSA
will continue to collect information
described above to determine foreign air
carrier compliance with requirements of
49 CFR part 1546. TSA estimates that
there will be approximately 180
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respondents to the information
collection, with an annual burden
estimate of 241,485 hours.
Dated: September 19, 2024.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer,
Information Technology.
[FR Doc. 2024–21787 Filed 9–23–24; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2781–24; DHS Docket No. USCIS–
2022–0007]
Implementation of Employment
Authorization for Individuals Covered
by Deferred Enforced Departure for
Liberia
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice of Employment
Authorization for Individuals Covered
by Deferred Enforced Departure (DED).
AGENCY:
On June 28, 2024, President
Joseph Biden issued a memorandum to
the Secretary of State and the Secretary
of Homeland Security (Secretary)
determining that it was in the foreign
policy interest of the United States to
defer until June 30, 2026, the removal of
certain Liberians present in the United
States and to provide them with
employment authorization
documentation. This notice provides
information about Deferred Enforced
Departure (DED) for Liberians and how
eligible individuals may apply for DEDbased Employment Authorization
Documents (EADs) with USCIS, as well
as for travel authorization.
DATES: The extension of DED began on
June 28, 2024, and ends on June 30,
2026, for eligible noncitizens who are
nationals of Liberia (or persons having
no nationality who last habitually
resided in Liberia) who are covered
under DED by the June 28, 2024,
Presidential Memorandum.
FOR FURTHER INFORMATION CONTACT:
• You may contact Rená CutlipMason, Chief, Humanitarian Affairs
Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, by mail at 5900 Capital
Gateway Drive, Camp Springs, MD
20746, or by phone at 240–721–3000.
• For further information on DED,
including additional information on
SUMMARY:
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eligibility, please visit the USCIS DED
web page at https://www.uscis.gov/
humanitarian/deferred-enforceddeparture. You can find specific
information about DED for Liberia by
selecting ‘‘DED Covered Country—
Liberia’’ from the menu on the left of the
DED web page.
• If you have additional questions
about DED, please visit https://
www.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 Form
I–765, Application for Employment
Authorization, or Form I–131,
Application for Travel Document, may
check Case Status Online, available on
the USCIS website at https://
www.uscis.gov, or visit the USCIS
Contact Center at https://www.uscis.gov/
contactcenter.
• You can also find more information
at local USCIS offices, listed on the
USCIS website at https://www.uscis.gov/
about-us/find-a-uscis-office, after this
notice is published.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR—Code of Federal Regulations
DED—Deferred Enforced Departure
DHS—U.S. Department of Homeland
Security
DoS—Department of State
EAD—Employment Authorization Document
FNC—Final Non-confirmation
Form I–131—Application for Travel
Document
Form I–765—Application for Employment
Authorization
Form I–797—Notice of Action
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
INA—Immigration and Nationality Act
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
TTY—Text Telephone
USCIS—U.S. Citizenship and Immigration
Services
U.S.C.—United States Code
Purpose of This Action
Under the President’s constitutional
authority to conduct the foreign
relations of the United States, President
Biden has determined that it is in the
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foreign policy interest of the United
States to defer through June 30, 2026,
the removal of certain Liberians who
have been continually present in the
United States since May 20, 2017, and
were eligible for a grant of DED under
the President’s 2022 memorandum.1
Through this Notice, as directed by the
President, DHS is establishing
procedures for Liberian individuals
covered by DED to apply for EADs valid
through June 30, 2026, and is
automatically extending the validity of
DED-related EADs bearing a Category
Code of (a)(11) and a ‘‘Card Expires’’
date of March 30, 2020, January 10,
2021, June 30, 2022, and June 30, 2024,
through June 30, 2026. Employment
authorization and the procedures for
obtaining EADs in this notice apply to
any of the following individuals who
are not subject to any of the
ineligibilities described in President
Biden’s June 28, 2024, memorandum to
the secretaries of State and Homeland
Security: noncitizens of the United
States who are nationals of Liberia, or
individuals having no nationality who
last habitually resided in Liberia,
regardless of country of birth, who have
been continuously physically present in
the United States since May 20, 2017.
Liberians must meet all eligibility
criteria, including required
documentation, for DED described in
this notice. Finally, this notice provides
instructions for eligible Liberians in the
United States on how to request
advance travel authorization.
What is DED?
• DED is an administrative deferral of
removal ordered by the President. The
authority to extend DED arises from the
President’s constitutional authority to
conduct the foreign relations of the
United States. DED has been authorized
in situations where certain groups of
noncitizens may face danger if required
to return to countries, or any part of
such countries, experiencing political
instability, conflict, or other unsafe
conditions, or when there are other
foreign policy reasons for allowing a
designated group of noncitizens to
remain in the United States temporarily.
• Although DED is not a specific
immigration status and does not require
Liberians to file an application with
USCIS, individuals covered by DED are
not subject to removal from the United
States, usually for a designated period.
Furthermore, the President may direct
1 See Memorandum on Extending Eligibility for
Deferred Enforced Departure for Liberians, June 28,
2024, https://www.whitehouse.gov/briefing-room/
statements-releases/2024/06/28/memorandum-onextending-eligibility-for-deferred-enforceddeparture-for-liberians/.
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the Secretary to provide certain benefits
that are authorized under the
immigration laws, such as employment
authorization, to noncitizens covered by
the DED directive during the designated
period.
• USCIS publishes a Federal Register
notice to inform the covered population
on how to apply for any benefits
provided. See instructions for Form I–
765.
• The eligibility requirements for
individuals who are covered by DED are
based on the terms of the President’s
memorandum regarding DED and any
relevant implementing requirements
established by DHS. Since DED is a
directive to defer removal of an
individual, rather than a specific
immigration status like Temporary
Protected Status (TPS), there is no DED
application form required for an
individual to be covered by DED. If an
individual covered by DED wants to
apply for an EAD, they must file Form
I–765. Similarly, if an individual
covered by DED wants to apply for
advance travel authorization, they must
file Form I–131.
Background
The President has determined that
there are compelling foreign policy
reasons to extend DED for Liberians.
Since 1991, the United States has
provided safe haven for Liberians who
were forced to flee their country as a
result of armed conflict and widespread
civil strife:
• Due to ongoing civil war, Liberia
was first designated for TPS for 12
months effective March 27, 1991, with
successive extensions by Attorneys
General under President George H.W.
Bush and President Clinton to
September 28, 1998,2 and a new
designation (also termed
‘‘redesignation’’) from September 29,
1998, until September 28, 1999.3
• Although Attorney General (AG)
Reno announced the termination of TPS
effective September 28, 1999,4 President
2 See Designation of Liberia Under Temporary
Protected Status Program, 56 FR 12746 (Mar. 27,
1991) and Extension of Designation of Liberia
Under Temporary Protected Status Program, 57 FR
2932 (Jan. 24, 1992), 58 FR 7898 (Feb. 10, 1993),
59 FR 9997 (Mar. 2, 1994), 60 FR 16163 (Mar. 29,
1995), 61 FR 8076 (Mar. 1, 1996), Extension of
Designation and Redesignation of Liberia Under
Temporary Protected Status Program, 62 FR 16608
(Apr. 7, 1997), and Termination of Designation of
Liberia Under Temporary Protected Status Program
After Final 6-Month Extension, 63 FR 15437 (Mar.
31, 1998).
3 See Redesignation of Liberia Under Temporary
Protected Status Program, 63 FR 51958 (Sept. 29,
1998).
4 See Termination of Designation of Liberia Under
the Temporary Protected Status Program, 64 FR
41463 (Jul. 30, 1999).
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Clinton authorized DED for certain
Liberians in the United States until
September 29, 2000, citing the fragile
political and economic situation in the
country at the time,5 and DED was
subsequently extended through
September 29, 2002.6
• In October 2002, due to the
outbreak of another civil war, AG
Ashcroft designated Liberia for TPS
from October 1, 2002 to October 1, 2003
and subsequently, Secretaries of
Homeland Security redesignated Liberia
for TPS and extended the designation
through October 1, 2006.7 Secretary
Chertoff announced the termination of
TPS for Liberia effective October 1,
2007.8 In September 2007, President
Bush announced DED for certain
Liberians in the United States for 18
months, from October 1, 2007 until
March 31, 2009.9 Following this DED
authorization, DED was extended 5
times: (1) from March 31, 2009, for 18
months; 10 (2) from March 31, 2010, for
18 months; 11 (3) from September 30,
2011, for 18 months; 12 (4) from March
5 See Presidential Memorandum for the Attorney
General on Measures Regarding Certain Liberians in
the United States, Sept. 27, 1999, https://
clintonwhitehouse6.archives.gov/1999/09/1999-0927-memorandum-on-liberians.html.
6 See Presidential Memorandum for the Attorney
General on Measures Regarding Certain Liberians in
the United States, Sept. 25, 2001, https://
georgewbush-whitehouse.archives.gov/news/
releases/2001/09/text/20010925-7.html.
7 See Designation of Liberia Under the Temporary
Protected Status Program, 67 FR 61664 (Oct. 1,
2002), Extension of the Designation of Liberia
Under the Temporary Protected Status Program, 68
FR 46648 (Aug. 6, 2003), Termination and Redesignation of Liberia for Temporary Protected
Status, 69 FR 52297 (Aug. 25, 2004), and Extension
of the Designation of Liberia for Temporary
Protected Status, 70 FR 48176 (Aug. 16, 2005).
8 See Termination of the Designation of Liberia
for Temporary Protected Status; Automatic
Extension of Employment Authorization
Documentation for Liberia TPS Beneficiaries, 71 FR
55000 (Sept. 20, 2006).
9 See Presidential Memorandum for the Secretary
of Homeland Security on Measures Regarding
Certain Liberians in the United States, Sept. 12,
2007, https://georgewbushwhitehouse.archives.gov/news/releases/2007/09/
20070912-10.html.
10 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Mar. 23, 2009,
https://obamawhitehouse.archives.gov/the-pressoffice/presidential-memorandum-regardingdeferred-enforced-departure-liberians.
11 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Mar. 19, 2010,
https://obamawhitehouse.archives.gov/the-pressoffice/presidential-memorandum-deferredenforced-departure-liberians.
12 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Aug. 16, 2011,
https://obamawhitehouse.archives.gov/the-pressoffice/2011/08/16/memorandum-presidentregarding-deferred-enforced-departure-liberians.
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31, 2013, for 18 months; 13 and (5) from
October 1, 2014, for 24 months.14
• In November 2014, Secretary
Johnson designated Liberia for TPS from
November 21, 2014, through May 21,
2016, due to an outbreak of Ebola virus
disease in West Africa.15 TPS for Liberia
was then extended from May 22, 2016,
through November 21, 2016.16 In
September 2016, Secretary Johnson
announced a six-month extension of
TPS benefits for an orderly transition
before termination of Liberia’s TPS
designation effective May 21, 2017.17
• In September 2016, President
Obama extended DED for Liberians from
October 1, 2016, for 18 months.18 In
March 2018, President Trump
announced the expiration of DED for
Liberians effective March 31, 2019,
following a 12-month wind-down
period.19 In March 2019, President
Trump announced the extension of DED
for Liberians for an additional 12-month
wind-down period through March 30,
2020.20
• On December 20, 2019, President
Trump signed the National Defense
Authorization Act (NDAA) for Fiscal
Year 2020 (Pub. L. 116–92) which
included a provision titled ‘‘Liberian
Refugee Immigration Fairness’’ (LRIF).
LRIF provided certain Liberians,
including those who had been
continuously physically present in the
United States since November 20, 2014,
13 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Mar. 15, 2013,
https://obamawhitehouse.archives.gov/the-pressoffice/2013/03/15/presidential-memorandumdeferred-enforced-departure-liberians.
14 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Sept. 26, 2014,
https://obamawhitehouse.archives.gov/the-pressoffice/2014/09/26/presidential-memorandumdeferred-enforced-departure-liberians.
15 See Designation of Liberia for Temporary
Protected Status, 79 FR 69502 (Nov. 21, 2014).
16 See Extension of the Designation of Liberia for
Temporary Protected Status, 81 FR 15328 (Mar. 22,
2016).
17 See Six-Month Extension of Temporary
Protected Status Benefits for Orderly Transition
Before Termination of Liberia’s Designation for
Temporary Protected Status, 81 FR 66059 (Sept. 26,
2016).
18 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Sept. 28, 2016,
https://obamawhitehouse.archives.gov/the-pressoffice/2016/09/28/presidential-memorandumdeferred-enforced-departure-liberians.
19 See Presidential Memorandum for the
Secretary of State and the Secretary of Homeland
Security, Mar. 27, 2018, https://trumpwhitehouse.
archives.gov/presidential-actions/presidentialmemorandum-secretary-state-secretary-homelandsecurity/.
20 See Presidential Memorandum on Extension of
Deferred Enforced Departure for Liberians, Mar. 28,
2019, https://trumpwhitehouse.archives.gov/
presidential-actions/memorandum-extensiondeferred-enforced-departure-liberians/.
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as well as their spouses, children, and
unmarried sons or daughters, the ability
to adjust their status to that of a U.S.
Lawful Permanent Resident. Under this
provision, eligible Liberian nationals
and eligible family members had until
December 20, 2020, to apply for
adjustment of status.21
• In March 2020, President Trump
issued a memorandum extending the
wind-down period for DED for Liberians
through January 10, 2021.22 In
December 2020, the Consolidated
Appropriations Act, 2021 (Pub. L. 116–
260) extended the LRIF application
deadline for an additional year, from
December 20, 2020, to December 20,
2021.23
• In January 2021, President Biden
reinstated DED for Liberians from
January 10, 2021, through June 30, 2022,
with limited exclusions for certain
ineligibilities.24 In June 2022, President
Biden extended and expanded DED for
Liberians from June 30, 2022, through
June 30, 2024.25 In addition to those
individuals who were covered by DED
on June 30, 2022, President Biden
expanded DED coverage to certain
Liberians, and individuals without
nationality who last habitually resided
in Liberia, who had been continuously
physically present in the United States
since May 20, 2017, and were not
subject to the categories of individuals
excluded from DED by the President’s
Memorandum. In June 2024, President
Biden again extended DED for Liberians
21 See National Defense Authorization Act for
Fiscal Year 2020, Public Law 116–92, Title LXXVIOther Matters, Sec. 7611 Liberian Refugee
Immigration Fairness, https://www.govinfo.gov/
content/pkg/PLAW-116publ92/html/PLAW116publ92.htm.
22 See Presidential Memorandum for the
Secretary of State and the Secretary of Homeland
Security on Extending the Wind-Down Period for
Deferred Enforced Departure for Liberians, Mar. 30,
2020, https://trumpwhitehouse.archives.gov/
presidential-actions/memorandum-extending-windperiod-deferred-enforced-departure-liberians/.
23 See Consolidated Appropriations Act, 2021,
Part 1, Public Law 116–260, Dec. 27, 2020, Division
O—Extensions and Technical Corrections, Title
IX—Adjustment of Status for Liberian Nationals
Extension, Sec. 901, https://www.congress.gov/116/
plaws/publ260/PLAW-116publ260.pdf.
24 See Presidential Memorandum for the
Secretary of State and the Secretary of Homeland
Security on Reinstating Deferred Enforced
Departure for Liberians, Jan. 20, 2021, https://
www.whitehouse.gov/briefing-room/presidentialactions/2021/01/20/reinstating-deferred-enforceddeparture-for-liberians/.
25 See Presidential Memorandum for the
Secretary of State and the Secretary of Homeland
Security on Extending and Expanding Eligibility for
Deferred Enforced Departure for Liberians, June 27,
2022, https://www.whitehouse.gov/briefing-room/
presidential-actions/2022/06/27/memorandum-onextending-and-expanding-eligibility-for-deferredenforced-departure-for-liberians/.
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from June 30, 2024, through June 30,
2026.26
Ur M. Jaddou,
Director, U.S. Citizenship and Immigration
Services.
Eligibility and Employment
Authorization for DED
How will I know if I am eligible for
employment authorization under the
DED presidential memorandum for
Liberians?
Consistent with the President’s June
28, 2024, DED memorandum,27 the
procedures for employment
authorization in this notice apply to
noncitizens of the United States who are
nationals of Liberia (or individuals
having no nationality who last
habitually resided in Liberia), who have
been continuously physically present in
the United States since May 20, 2017,
and who were eligible for a grant of DED
under the President’s 2022
memorandum, except for those:
• individuals who would be
ineligible for TPS for the reasons
provided in section 244(c)(2)(B) of the
Immigration and Nationality Act, 8
U.S.C. 1254a(c)(2)(B);
• individuals who sought or seek LPR
status under the LRIF provision but
whose applications have been or are
denied by the Secretary of Homeland
Security due to ineligibility for the LRIF
provision under sections 7611(b)(1)(C)
and (b)(3) of the NDAA;
• individuals whose removal the
Secretary of Homeland Security
determines is in the interest of the
United States, subject to the LRIF
provision;
• individuals whose presence or
activities in the United States the
Secretary of State has reasonable
grounds to believe would have
potentially serious adverse foreign
policy consequences for the United
States;
• individuals who have voluntarily
returned to Liberia or their country of
last habitual residence outside the
United States for an aggregate period of
180 days or more, as specified in
subsection (c)(2) of the LRIF provision;
or
26 See Memorandum on Extending Eligibility for
Deferred Enforced Departure for Liberians, June 28,
2024, https://www.whitehouse.gov/briefing-room/
statements-releases/2024/06/28/memorandum-onextending-eligibility-for-deferred-enforceddeparture-for-liberians/.
27 See Memorandum on Extending Eligibility for
Deferred Enforced Departure for Liberians, June 28,
2024, https://www.whitehouse.gov/briefing-room/
statements-releases/2024/06/28/memorandum-onextending-eligibility-for-deferred-enforceddeparture-for-liberians/.
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• individuals who are subject to
extradition.
Supporting Documentation
What will I need to file if I am covered
by DED and would like to obtain an
EAD?
If you are a Liberian covered by DED
and want a DED-based EAD, you must
file Form I–765. Please carefully follow
the Form I–765 instructions when
completing the application for an EAD.
When filing Form I–765, you must:
• Indicate that you are eligible for
DED by entering ‘‘(a)(11)’’ in response to
Question 27 on Form I–765; and
• Submit the fee for Form I–765 (or
request a fee waiver,28 which you may
submit on Form I–912, Request for Fee
Waiver). See Fee Schedule (Form G–
1055).
The filing instructions on Form I–765
list all the documents needed to apply.
You may also find information on the
initial required documents on the
USCIS website at https://www.uscis.gov/
i-765. If USCIS determines after
reviewing your submission that it needs
additional information, we will send
you a request for evidence.
How will I know if I must submit my
biometrics to USCIS?
If USCIS needs biometrics to produce
your EAD after you apply, we will send
you a biometrics services appointment
notice with the time and location of
your appointment. You can prepare for
your biometrics appointment by visiting
the Preparing for Your Biometric
Services Appointment web page at
https://www.uscis.gov/forms/filingguidance/preparing-for-your-biometricservices-appointment. Be sure to bring
valid photo identification to your
appointment.
Where do I find the fees for a DEDbased Form I–765?
You can find the most current filing
fees for individuals covered by DED by
visiting the Form I–765 page at https://
www.uscis.gov/i-765. No biometrics fees
are required when you file.
Where do I submit my completed DEDbased Form I–765?
For a DED-based EAD, mail your
completed Form I–765 and supporting
documentation to the proper address in
Table 1.
TABLE 1—MAILING ADDRESSES
If you are . . .
Mail to . . .
Using the U.S. Postal Service (USPS) ...............
Using FedEx, UPS, or DHL ................................
USCIS, Attn: DED Liberia, P.O. Box 805283, Chicago, IL 60680–5283.
USCIS, Attn: DED Liberia, (Box 805283), 131 S Dearborn Street, 3rd Floor, Chicago, IL
60603–5517.
You may file Form I–765 and Form I–
131 together or separately. If you are
filing multiple applications, petitions,
or requests, USCIS recommends sending
separate payments for each application.
If you submit one payment covering all
your applications and we reject one of
the applications, petitions, or requests,
we will need to reject all the others as
well. Find more information below on
filing Form I–131.
Can I file my DED-based Form I–765
electronically?
No. Electronic filing is not available to
file a DED-based Form I–765.
What happens after June 30, 2026, to
DED-based EADs?
This DED authorization is set to end
on June 30, 2026. After that date,
employers can no longer accept EADs
with the Category (a)(11) and a Card
Expires date of June 30, 2026. You will
need to present other evidence of
continued employment authorization, if
any, to your employer by July 1, 2026.
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Travel
Liberians covered by DED may also
apply for and be granted travel
authorization as a matter of discretion.
You must file for travel authorization if
you wish to travel outside of the United
28 For information about filing fee waiver requests
including through Form I–912, Request for Fee
Waiver, see https://www.uscis.gov/forms/filing-fees/
additional-information-on-filing-a-fee-waiver.
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States and be eligible to reenter the
United States. If USCIS grants travel
authorization, we generally give you
permission to leave the United States
and return during a specific period.To
request travel authorization, you must
file Form I–131, available at https://
www.uscis.gov/i-131. You may file Form
I–131 together with your Form I–765 or
separately. When completing Form I–
131, carefully review the form
instructions.
If you leave the United States without
first receiving travel authorization, you
may no longer be eligible for DED and
may not be permitted to reenter the
United States. Please also be advised
that if you return to Liberia or your
country of last habitual residence, even
with advance travel authorization, you
may not be permitted to resume DED in
the United States because the
presidential memorandum providing for
DED excludes individuals who have
voluntarily returned to Liberia or their
country of last habitual residence for an
aggregate period of 180 days or more.29
Mailing Information
Supporting Documentation
The filing instructions for Form I–131
list all the documents you need to
include with your application. You may
also find information on the acceptable
documentation and DED eligibility on
the USCIS website at https://
www.uscis.gov/humanitarian/deferredenforced-departure. If USCIS needs
additional evidence, we will send you a
request for evidence.
General Employment-Related
Information for Individuals With DEDBased EADs and Their Employers
How can I obtain information on the
status of my EAD request?
To get case status information about
your DED-based EAD request, you can
check Case Status Online at https://
www.uscis.gov, or visit the USCIS
Contact Center at https://www.uscis.gov/
contactcenter. If you still need
assistance, you may ask a question
about your case online at https://
egov.uscis.gov/e-request/Intro.do or call
the USCIS Contact Center at 800–375–
5283 (TTY 800–767–1833).
Mail your completed Form I–131 to
the proper address provided in Table 1.
29 See Memorandum on Extending Eligibility for
Deferred Enforced Departure for Liberians, June 28,
2024, https://www.whitehouse.gov/briefing-room/
statements-releases/2024/06/28/memorandum-on-
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Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices
Does this Federal Register notice
automatically extend my current EAD
through June 30, 2026?
If I have an EAD based on another
immigration status, can I obtain a new
DED-based EAD?
also email IER at IER@usdoj.gov or get
more information online at https://
www.justice.gov/ier.
Regardless of your country of birth, if
you are a national of Liberia (or a person
having no nationality who last
habitually resided in Liberia) and you
are covered under DED by the June 28,
2024 Presidential Memorandum, this
notice automatically extends your DEDbased EAD bearing a March 30, 2020,
January 10, 2021, June 30, 2022, or June
30, 2024, ‘‘Card Expires’’ date and an
(a)(11) Category Code through June 30,
2026. This means that your EAD is valid
through June 30, 2026, even though the
expiration date on the face of the
document has passed.
Yes, if you are covered by DED, you
can obtain a new DED-based EAD, even
if you already have an EAD or
employment authorization based on
another immigration status or category.
If you want to obtain a DED-based EAD
valid through June 30, 2026, you must
file Form I–765 and pay the associated
fee (unless USCIS grants your fee waiver
request).
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@dhs.gov.
USCIS accepts calls and emails 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 on citizenship,
immigration status, or national origin,
including discrimination related to
Form I–9 and E-Verify. The IER Worker
Hotline provides language interpretation
in numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt as described in the Form I–9
instructions. Employers may not require
extra or additional documentation
beyond what is required for Form I–9
completion. Further, employers
participating in E-Verify who receive an
E-Verify case result of ‘‘Tentative
Nonconfirmation’’ (mismatch) must
promptly inform employees of the
mismatch and give such employees an
opportunity to resolve the mismatch. A
mismatch means that the information
entered into E-Verify from Form I–9
differs from records available to DHS.
Employers may not terminate,
suspend, delay training, withhold or
lower pay, or take any adverse action
against an employee because of a
mismatch while the case is still pending
with E-Verify. A Final Nonconfirmation
(FNC) case result occurs if E-Verify
cannot confirm an employee’s
employment eligibility. An employer
may terminate employment based on a
case result of FNC. Employmentauthorized employees who receive an
FNC may call USCIS for assistance at
888–897–7781 (TTY 877–875–6028).
For more information about E-Verifyrelated discrimination or to report an
employer for discrimination in the EVerify 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 the USCIS and E-Verify websites
When I am hired, what documentation
may I show to my employer as evidence
of identity and employment
authorization when completing Form I–
9?
lotter on DSK11XQN23PROD with NOTICES1
77889
You can find the Lists of Acceptable
Documents on Form I–9, Employment
Eligibility Verification, 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 business
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 documentation
from List A (which provides evidence of
both identity and employment
authorization) or documentation from
List B (which provides evidence of your
identity) together with documentation
from List C (which provides evidence of
employment authorization), or you may
present an acceptable receipt 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. If your EAD states (a)(11) under
‘‘Category’’ and has a ‘‘Card Expires’’
date of March 30, 2020, January 10,
2021, June 30, 2022, or June 30, 2024,
this notice extends it automatically, and
you may choose to present your EAD to
your employer as proof of identity and
employment eligibility for Form I–9
through June 30, 2026.
VerDate Sep<11>2014
18:07 Sep 23, 2024
Jkt 262001
Can my employer require that I provide
any other documentation to complete
Form I–9, such as evidence of my status
or proof of my Liberian citizenship?
No. When completing Form I–9,
employers must accept any unexpired
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 may not request proof of
Liberian citizenship when completing
Form I–9 for new hires or reverifying
the employment authorization of
current employees. Refer to the ‘‘Note to
Employees’’ section of this Federal
Register notice 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.
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 listing 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@
dhs.gov. USCIS accepts calls and emails
in English, Spanish, 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
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77890
Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices
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)
If you are applying for a Federal, state,
or local government benefit, you may
need to provide the government agency
with documents that show you are
covered under DED or authorized to
work based on DED or both. Check with
the government agency requesting
documentation about which documents
the agency will accept.
Some government agencies use SAVE,
https://www.uscis.gov/save, to confirm
the current immigration status of
applicants for public benefits and
licenses. SAVE can verify that an
individual is covered by DED based on
an EAD with category (a)(11) or a Form
I–797, Notice of Action, reflecting
approval of your Form I–765 for an EAD
with a DED category of (a)(11). 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 https://www.uscis.gov/save/savecasecheck. 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 (such as your A-Number or
USCIS number) or Verification Case
Number. If an agency has denied your
application based solely or in part on a
SAVE response, the agency must allow
you to appeal the decision in
accordance with the agency’s
procedures. If the agency has received
and acted on or will act on a SAVE
verification, and you do not believe the
SAVE response is correct, the SAVE
website, https://www.uscis.gov/save/forbenefit-applicants, has detailed
information on how to correct or update
your immigration record, make an
appointment, or submit a written
request to correct records.
[FR Doc. 2024–21661 Filed 9–23–24; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
lotter on DSK11XQN23PROD with NOTICES1
[Docket No. FR–7082–N–09]
60-Day Notice of Proposed Information
Collection: CDBG Urban County
Qualification/New York Towns
Qualification/Requalification Process,
Notice; OMB Control No.: 2506–0170
Office of Community Planning
and Development, HUD.
AGENCY:
VerDate Sep<11>2014
18:07 Sep 23, 2024
Jkt 262001
ACTION:
Notice.
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
DATES: Comments Due Date: November
25, 2024.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal.
Written comments and
recommendations for the proposed
information collection can be sent
within 60 days of publication of this
notice to www.regulations.gov.
Interested persons are also invited to
submit comments regarding this
proposal by name and/or OMB Control
Number and can be sent to: Colette
Pollard, Reports Management Officer,
REE, Department of Housing and Urban
Development, 451 7th Street SW, Room
8210, Washington, DC 20410–5000;
telephone (202) 402–3400 (this is not a
toll-free number) or email at
Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information.
FOR FURTHER INFORMATION CONTACT:
Gloria Coates, Senior Community
Planning and Development Specialist,
Entitlement Communities Division,
Office of Block Grant Assistance,
Department of Housing and Urban
Development, 451 7th Street SW, Room
7282, Washington, DC 20410–5000;
email at gloria.l.coates@hud.gov or
telephone (202) 402–2184. This is not a
toll-free number. HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech or communication disabilities.
To learn more about how to make an
accessible telephone call, please visit
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
Copies of available documents
submitted to OMB may be obtained
from Ms. Coates.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
SUMMARY:
A. Overview of Information Collection
Title of Information Collection: CDBG
Urban County Qualification/New York
Towns Qualification/Requalification
Process.
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
OMB Approval Number: 2506–0170.
Type of Request: Extension.
Form Number: N/A.
Description of the need for the
information and proposed use: The
Housing and Community Development
Act of 1974, as amended (the Act), at
sections 102(a)(6) and 102(e) requires
that any county seeking qualification as
an urban county notify each unit of
general local government within the
county that such unit may elect to have
its population excluded from that of the
urban county. Section 102(d) of the Act
specifies that the period of qualification
will be three years. Based on these
statutory provisions, counties seeking
qualification or requalification as urban
counties under the CDBG program must
provide information to HUD every three
years identifying the units of general
local governments (UGLGs) within the
county participating as a part of the
county for purposes of receiving CDBG
funds. The population of UGLGs for
each eligible urban county is used in
HUD’s allocation of CDBG funds for all
entitlement and State CDBG grantees.
New York Towns may qualify as
metropolitan cities if they are able to
secure the participation of all of the
villages located within their boundaries.
Any New York Town that is located in
an urban county may choose to leave
that urban county when that county is
requalifying. A New York Town will be
required to notify the urban county in
advance of its decision to decline
participation in the urban county’s
CDBG program and complete the
metropolitan city qualification process.
Respondents: Urban counties that are
eligible as entitlement grantees of the
CDBG program.
Estimation Number of Respondents:
There are currently 195 qualified urban
counties participating in the CDBG
program that must requalify every three
years.
Estimation Number of Responses: The
proposed frequency of the response to
the collection is on an annual basis.
Frequency of Response: On average,
two new counties qualify each year. The
burden on new counties is greater than
for existing counties that requalify. The
Department estimates new grantees use,
on average, 120 hours to review
instructions, contact communities in the
county, prepare and review agreements,
obtain legal opinions, have agreements
executed at the local and county level,
and prepare and transmit copies of
required documents to HUD. The
Department estimates that counties that
are requalifying use, on average, 67
hours to complete these actions. The
time savings on requalification is
primarily a result of a grantee’s ability
E:\FR\FM\24SEN1.SGM
24SEN1
]]>Agencies
[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Notices]
[Pages 77885-77890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21661]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2781-24; DHS Docket No. USCIS-2022-0007]
Implementation of Employment Authorization for Individuals
Covered by Deferred Enforced Departure for Liberia
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Employment Authorization for Individuals Covered by
Deferred Enforced Departure (DED).
-----------------------------------------------------------------------
SUMMARY: On June 28, 2024, President Joseph Biden issued a memorandum
to the Secretary of State and the Secretary of Homeland Security
(Secretary) determining that it was in the foreign policy interest of
the United States to defer until June 30, 2026, the removal of certain
Liberians present in the United States and to provide them with
employment authorization documentation. This notice provides
information about Deferred Enforced Departure (DED) for Liberians and
how eligible individuals may apply for DED-based Employment
Authorization Documents (EADs) with USCIS, as well as for travel
authorization.
DATES: The extension of DED began on June 28, 2024, and ends on June
30, 2026, for eligible noncitizens who are nationals of Liberia (or
persons having no nationality who last habitually resided in Liberia)
who are covered under DED by the June 28, 2024, Presidential
Memorandum.
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, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 240-721-3000.
For further information on DED, including additional
information on eligibility, please visit the USCIS DED web page at
https://www.uscis.gov/humanitarian/deferred-enforced-departure. You can
find specific information about DED for Liberia by selecting ``DED
Covered Country--Liberia'' from the menu on the left of the DED web
page.
If you have additional questions about DED, please visit
https://www.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 Form I-765, Application for Employment Authorization, or
Form I-131, Application for Travel Document, may check Case Status
Online, available on the USCIS website at https://www.uscis.gov, or
visit the USCIS Contact Center at https://www.uscis.gov/contactcenter.
You can also find more information at local USCIS offices,
listed on the USCIS website at https://www.uscis.gov/about-us/find-a-uscis-office, after this notice is published.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
DoS--Department of State
EAD--Employment Authorization Document
FNC--Final Non-confirmation
Form I-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
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
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action
Under the President's constitutional authority to conduct the
foreign relations of the United States, President Biden has determined
that it is in the
[[Page 77886]]
foreign policy interest of the United States to defer through June 30,
2026, the removal of certain Liberians who have been continually
present in the United States since May 20, 2017, and were eligible for
a grant of DED under the President's 2022 memorandum.\1\ Through this
Notice, as directed by the President, DHS is establishing procedures
for Liberian individuals covered by DED to apply for EADs valid through
June 30, 2026, and is automatically extending the validity of DED-
related EADs bearing a Category Code of (a)(11) and a ``Card Expires''
date of March 30, 2020, January 10, 2021, June 30, 2022, and June 30,
2024, through June 30, 2026. Employment authorization and the
procedures for obtaining EADs in this notice apply to any of the
following individuals who are not subject to any of the ineligibilities
described in President Biden's June 28, 2024, memorandum to the
secretaries of State and Homeland Security: noncitizens of the United
States who are nationals of Liberia, or individuals having no
nationality who last habitually resided in Liberia, regardless of
country of birth, who have been continuously physically present in the
United States since May 20, 2017. Liberians must meet all eligibility
criteria, including required documentation, for DED described in this
notice. Finally, this notice provides instructions for eligible
Liberians in the United States on how to request advance travel
authorization.
---------------------------------------------------------------------------
\1\ See Memorandum on Extending Eligibility for Deferred
Enforced Departure for Liberians, June 28, 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/28/memorandum-on-extending-eligibility-for-deferred-enforced-departure-for-liberians/.
---------------------------------------------------------------------------
What is DED?
DED is an administrative deferral of removal ordered by
the President. The authority to extend DED arises from the President's
constitutional authority to conduct the foreign relations of the United
States. DED has been authorized in situations where certain groups of
noncitizens may face danger if required to return to countries, or any
part of such countries, experiencing political instability, conflict,
or other unsafe conditions, or when there are other foreign policy
reasons for allowing a designated group of noncitizens to remain in the
United States temporarily.
Although DED is not a specific immigration status and does
not require Liberians to file an application with USCIS, individuals
covered by DED are not subject to removal from the United States,
usually for a designated period. Furthermore, the President may direct
the Secretary to provide certain benefits that are authorized under the
immigration laws, such as employment authorization, to noncitizens
covered by the DED directive during the designated period.
USCIS publishes a Federal Register notice to inform the
covered population on how to apply for any benefits provided. See
instructions for Form I-765.
The eligibility requirements for individuals who are
covered by DED are based on the terms of the President's memorandum
regarding DED and any relevant implementing requirements established by
DHS. Since DED is a directive to defer removal of an individual, rather
than a specific immigration status like Temporary Protected Status
(TPS), there is no DED application form required for an individual to
be covered by DED. If an individual covered by DED wants to apply for
an EAD, they must file Form I-765. Similarly, if an individual covered
by DED wants to apply for advance travel authorization, they must file
Form I-131.
Background
The President has determined that there are compelling foreign
policy reasons to extend DED for Liberians. Since 1991, the United
States has provided safe haven for Liberians who were forced to flee
their country as a result of armed conflict and widespread civil
strife:
Due to ongoing civil war, Liberia was first designated for
TPS for 12 months effective March 27, 1991, with successive extensions
by Attorneys General under President George H.W. Bush and President
Clinton to September 28, 1998,\2\ and a new designation (also termed
``redesignation'') from September 29, 1998, until September 28,
1999.\3\
---------------------------------------------------------------------------
\2\ See Designation of Liberia Under Temporary Protected Status
Program, 56 FR 12746 (Mar. 27, 1991) and Extension of Designation of
Liberia Under Temporary Protected Status Program, 57 FR 2932 (Jan.
24, 1992), 58 FR 7898 (Feb. 10, 1993), 59 FR 9997 (Mar. 2, 1994), 60
FR 16163 (Mar. 29, 1995), 61 FR 8076 (Mar. 1, 1996), Extension of
Designation and Redesignation of Liberia Under Temporary Protected
Status Program, 62 FR 16608 (Apr. 7, 1997), and Termination of
Designation of Liberia Under Temporary Protected Status Program
After Final 6-Month Extension, 63 FR 15437 (Mar. 31, 1998).
\3\ See Redesignation of Liberia Under Temporary Protected
Status Program, 63 FR 51958 (Sept. 29, 1998).
---------------------------------------------------------------------------
Although Attorney General (AG) Reno announced the
termination of TPS effective September 28, 1999,\4\ President Clinton
authorized DED for certain Liberians in the United States until
September 29, 2000, citing the fragile political and economic situation
in the country at the time,\5\ and DED was subsequently extended
through September 29, 2002.\6\
---------------------------------------------------------------------------
\4\ See Termination of Designation of Liberia Under the
Temporary Protected Status Program, 64 FR 41463 (Jul. 30, 1999).
\5\ See Presidential Memorandum for the Attorney General on
Measures Regarding Certain Liberians in the United States, Sept. 27,
1999, https://clintonwhitehouse6.archives.gov/1999/09/1999-09-27-memorandum-on-liberians.html.
\6\ See Presidential Memorandum for the Attorney General on
Measures Regarding Certain Liberians in the United States, Sept. 25,
2001, https://georgewbush-whitehouse.archives.gov/news/releases/2001/09/text/20010925-7.html.
---------------------------------------------------------------------------
In October 2002, due to the outbreak of another civil war,
AG Ashcroft designated Liberia for TPS from October 1, 2002 to October
1, 2003 and subsequently, Secretaries of Homeland Security redesignated
Liberia for TPS and extended the designation through October 1,
2006.\7\ Secretary Chertoff announced the termination of TPS for
Liberia effective October 1, 2007.\8\ In September 2007, President Bush
announced DED for certain Liberians in the United States for 18 months,
from October 1, 2007 until March 31, 2009.\9\ Following this DED
authorization, DED was extended 5 times: (1) from March 31, 2009, for
18 months; \10\ (2) from March 31, 2010, for 18 months; \11\ (3) from
September 30, 2011, for 18 months; \12\ (4) from March
[[Page 77887]]
31, 2013, for 18 months; \13\ and (5) from October 1, 2014, for 24
months.\14\
---------------------------------------------------------------------------
\7\ See Designation of Liberia Under the Temporary Protected
Status Program, 67 FR 61664 (Oct. 1, 2002), Extension of the
Designation of Liberia Under the Temporary Protected Status Program,
68 FR 46648 (Aug. 6, 2003), Termination and Re-designation of
Liberia for Temporary Protected Status, 69 FR 52297 (Aug. 25, 2004),
and Extension of the Designation of Liberia for Temporary Protected
Status, 70 FR 48176 (Aug. 16, 2005).
\8\ See Termination of the Designation of Liberia for Temporary
Protected Status; Automatic Extension of Employment Authorization
Documentation for Liberia TPS Beneficiaries, 71 FR 55000 (Sept. 20,
2006).
\9\ See Presidential Memorandum for the Secretary of Homeland
Security on Measures Regarding Certain Liberians in the United
States, Sept. 12, 2007, https://georgewbush-whitehouse.archives.gov/news/releases/2007/09/20070912-10.html.
\10\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Mar. 23,
2009, https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-regarding-deferred-enforced-departure-liberians.
\11\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Mar. 19,
2010, https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-deferred-enforced-departure-liberians.
\12\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Aug. 16,
2011, https://obamawhitehouse.archives.gov/the-press-office/2011/08/16/memorandum-president-regarding-deferred-enforced-departure-liberians.
\13\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Mar. 15,
2013, https://obamawhitehouse.archives.gov/the-press-office/2013/03/15/presidential-memorandum-deferred-enforced-departure-liberians.
\14\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Sept. 26,
2014, https://obamawhitehouse.archives.gov/the-press-office/2014/09/26/presidential-memorandum-deferred-enforced-departure-liberians.
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In November 2014, Secretary Johnson designated Liberia for
TPS from November 21, 2014, through May 21, 2016, due to an outbreak of
Ebola virus disease in West Africa.\15\ TPS for Liberia was then
extended from May 22, 2016, through November 21, 2016.\16\ In September
2016, Secretary Johnson announced a six-month extension of TPS benefits
for an orderly transition before termination of Liberia's TPS
designation effective May 21, 2017.\17\
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\15\ See Designation of Liberia for Temporary Protected Status,
79 FR 69502 (Nov. 21, 2014).
\16\ See Extension of the Designation of Liberia for Temporary
Protected Status, 81 FR 15328 (Mar. 22, 2016).
\17\ See Six-Month Extension of Temporary Protected Status
Benefits for Orderly Transition Before Termination of Liberia's
Designation for Temporary Protected Status, 81 FR 66059 (Sept. 26,
2016).
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In September 2016, President Obama extended DED for
Liberians from October 1, 2016, for 18 months.\18\ In March 2018,
President Trump announced the expiration of DED for Liberians effective
March 31, 2019, following a 12-month wind-down period.\19\ In March
2019, President Trump announced the extension of DED for Liberians for
an additional 12-month wind-down period through March 30, 2020.\20\
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\18\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Sept. 28,
2016, https://obamawhitehouse.archives.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians.
\19\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security, Mar. 27, 2018, https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-security/.
\20\ See Presidential Memorandum on Extension of Deferred
Enforced Departure for Liberians, Mar. 28, 2019, https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extension-deferred-enforced-departure-liberians/.
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On December 20, 2019, President Trump signed the National
Defense Authorization Act (NDAA) for Fiscal Year 2020 (Pub. L. 116-92)
which included a provision titled ``Liberian Refugee Immigration
Fairness'' (LRIF). LRIF provided certain Liberians, including those who
had been continuously physically present in the United States since
November 20, 2014, as well as their spouses, children, and unmarried
sons or daughters, the ability to adjust their status to that of a U.S.
Lawful Permanent Resident. Under this provision, eligible Liberian
nationals and eligible family members had until December 20, 2020, to
apply for adjustment of status.\21\
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\21\ See National Defense Authorization Act for Fiscal Year
2020, Public Law 116-92, Title LXXVI-Other Matters, Sec. 7611
Liberian Refugee Immigration Fairness, https://www.govinfo.gov/content/pkg/PLAW-116publ92/html/PLAW-116publ92.htm.
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In March 2020, President Trump issued a memorandum
extending the wind-down period for DED for Liberians through January
10, 2021.\22\ In December 2020, the Consolidated Appropriations Act,
2021 (Pub. L. 116-260) extended the LRIF application deadline for an
additional year, from December 20, 2020, to December 20, 2021.\23\
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\22\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending the Wind-Down Period
for Deferred Enforced Departure for Liberians, Mar. 30, 2020,
https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extending-wind-period-deferred-enforced-departure-liberians/.
\23\ See Consolidated Appropriations Act, 2021, Part 1, Public
Law 116-260, Dec. 27, 2020, Division O--Extensions and Technical
Corrections, Title IX--Adjustment of Status for Liberian Nationals
Extension, Sec. 901, https://www.congress.gov/116/plaws/publ260/PLAW-116publ260.pdf.
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In January 2021, President Biden reinstated DED for
Liberians from January 10, 2021, through June 30, 2022, with limited
exclusions for certain ineligibilities.\24\ In June 2022, President
Biden extended and expanded DED for Liberians from June 30, 2022,
through June 30, 2024.\25\ In addition to those individuals who were
covered by DED on June 30, 2022, President Biden expanded DED coverage
to certain Liberians, and individuals without nationality who last
habitually resided in Liberia, who had been continuously physically
present in the United States since May 20, 2017, and were not subject
to the categories of individuals excluded from DED by the President's
Memorandum. In June 2024, President Biden again extended DED for
Liberians from June 30, 2024, through June 30, 2026.\26\
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\24\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Reinstating Deferred Enforced
Departure for Liberians, Jan. 20, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/reinstating-deferred-enforced-departure-for-liberians/.
\25\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending and Expanding
Eligibility for Deferred Enforced Departure for Liberians, June 27,
2022, https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/.
\26\ See Memorandum on Extending Eligibility for Deferred
Enforced Departure for Liberians, June 28, 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/28/memorandum-on-extending-eligibility-for-deferred-enforced-departure-for-liberians/.
Ur M. Jaddou,
Director, U.S. Citizenship and Immigration Services.
Eligibility and Employment Authorization for DED
How will I know if I am eligible for employment authorization under the
DED presidential memorandum for Liberians?
Consistent with the President's June 28, 2024, DED memorandum,\27\
the procedures for employment authorization in this notice apply to
noncitizens of the United States who are nationals of Liberia (or
individuals having no nationality who last habitually resided in
Liberia), who have been continuously physically present in the United
States since May 20, 2017, and who were eligible for a grant of DED
under the President's 2022 memorandum, except for those:
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\27\ See Memorandum on Extending Eligibility for Deferred
Enforced Departure for Liberians, June 28, 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/28/memorandum-on-extending-eligibility-for-deferred-enforced-departure-for-liberians/.
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individuals who would be ineligible for TPS for the
reasons provided in section 244(c)(2)(B) of the Immigration and
Nationality Act, 8 U.S.C. 1254a(c)(2)(B);
individuals who sought or seek LPR status under the LRIF
provision but whose applications have been or are denied by the
Secretary of Homeland Security due to ineligibility for the LRIF
provision under sections 7611(b)(1)(C) and (b)(3) of the NDAA;
individuals whose removal the Secretary of Homeland
Security determines is in the interest of the United States, subject to
the LRIF provision;
individuals whose presence or activities in the United
States the Secretary of State has reasonable grounds to believe would
have potentially serious adverse foreign policy consequences for the
United States;
individuals who have voluntarily returned to Liberia or
their country of last habitual residence outside the United States for
an aggregate period of 180 days or more, as specified in subsection
(c)(2) of the LRIF provision; or
[[Page 77888]]
individuals who are subject to extradition.
What will I need to file if I am covered by DED and would like to
obtain an EAD?
If you are a Liberian covered by DED and want a DED-based EAD, you
must file Form I-765. Please carefully follow the Form I-765
instructions when completing the application for an EAD. When filing
Form I-765, you must:
Indicate that you are eligible for DED by entering
``(a)(11)'' in response to Question 27 on Form I-765; and
Submit the fee for Form I-765 (or request a fee
waiver,\28\ which you may submit on Form I-912, Request for Fee
Waiver). See Fee Schedule (Form G-1055).
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\28\ For information about filing fee waiver requests including
through Form I-912, Request for Fee Waiver, see https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver.
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Supporting Documentation
The filing instructions on Form I-765 list all the documents needed
to apply. You may also find information on the initial required
documents on the USCIS website at https://www.uscis.gov/i-765. If USCIS
determines after reviewing your submission that it needs additional
information, we will send you a request for evidence.
How will I know if I must submit my biometrics to USCIS?
If USCIS needs biometrics to produce your EAD after you apply, we
will send you a biometrics services appointment notice with the time
and location of your appointment. You can prepare for your biometrics
appointment by visiting the Preparing for Your Biometric Services
Appointment web page at https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment. Be sure to bring
valid photo identification to your appointment.
Where do I find the fees for a DED-based Form I-765?
You can find the most current filing fees for individuals covered
by DED by visiting the Form I-765 page at https://www.uscis.gov/i-765.
No biometrics fees are required when you file.
Where do I submit my completed DED-based Form I-765?
For a DED-based EAD, mail your completed Form I-765 and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
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Using the U.S. Postal Service USCIS, Attn: DED Liberia, P.O. Box
(USPS). 805283, Chicago, IL 60680-5283.
Using FedEx, UPS, or DHL..... USCIS, Attn: DED Liberia, (Box 805283),
131 S Dearborn Street, 3rd Floor,
Chicago, IL 60603-5517.
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You may file Form I-765 and Form I-131 together or separately. If
you are filing multiple applications, petitions, or requests, USCIS
recommends sending separate payments for each application. If you
submit one payment covering all your applications and we reject one of
the applications, petitions, or requests, we will need to reject all
the others as well. Find more information below on filing Form I-131.
Can I file my DED-based Form I-765 electronically?
No. Electronic filing is not available to file a DED-based Form I-
765.
What happens after June 30, 2026, to DED-based EADs?
This DED authorization is set to end on June 30, 2026. After that
date, employers can no longer accept EADs with the Category (a)(11) and
a Card Expires date of June 30, 2026. You will need to present other
evidence of continued employment authorization, if any, to your
employer by July 1, 2026.
Travel
Liberians covered by DED may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside of the United States and be
eligible to reenter the United States. If USCIS grants travel
authorization, we generally give you permission to leave the United
States and return during a specific period.To request travel
authorization, you must file Form I-131, available at https://www.uscis.gov/i-131. You may file Form I-131 together with your Form I-
765 or separately. When completing Form I-131, carefully review the
form instructions.
If you leave the United States without first receiving travel
authorization, you may no longer be eligible for DED and may not be
permitted to reenter the United States. Please also be advised that if
you return to Liberia or your country of last habitual residence, even
with advance travel authorization, you may not be permitted to resume
DED in the United States because the presidential memorandum providing
for DED excludes individuals who have voluntarily returned to Liberia
or their country of last habitual residence for an aggregate period of
180 days or more.\29\
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\29\ See Memorandum on Extending Eligibility for Deferred
Enforced Departure for Liberians, June 28, 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/28/memorandum-on-extending-eligibility-for-deferred-enforced-departure-for-liberians/.
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Mailing Information
Mail your completed Form I-131 to the proper address provided in
Table 1.
Supporting Documentation
The filing instructions for Form I-131 list all the documents you
need to include with your application. You may also find information on
the acceptable documentation and DED eligibility on the USCIS website
at https://www.uscis.gov/humanitarian/deferred-enforced-departure. If
USCIS needs additional evidence, we will send you a request for
evidence.
General Employment-Related Information for Individuals With DED-Based
EADs and Their Employers
How can I obtain information on the status of my EAD request?
To get case status information about your DED-based EAD request,
you can check Case Status Online at https://www.uscis.gov, or visit the
USCIS Contact Center at https://www.uscis.gov/contactcenter. If you
still need assistance, you may ask a question about your case online at
https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact
Center at 800-375-5283 (TTY 800-767-1833).
[[Page 77889]]
Does this Federal Register notice automatically extend my current EAD
through June 30, 2026?
Regardless of your country of birth, if you are a national of
Liberia (or a person having no nationality who last habitually resided
in Liberia) and you are covered under DED by the June 28, 2024
Presidential Memorandum, this notice automatically extends your DED-
based EAD bearing a March 30, 2020, January 10, 2021, June 30, 2022, or
June 30, 2024, ``Card Expires'' date and an (a)(11) Category Code
through June 30, 2026. This means that your EAD is valid through June
30, 2026, even though the expiration date on the face of the document
has passed.
When I am hired, what documentation may I show to my employer as
evidence of identity and employment authorization when completing Form
I-9?
You can find the Lists of Acceptable Documents on Form I-9,
Employment Eligibility Verification, 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 business
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 documentation from List A (which provides
evidence of both identity and employment authorization) or
documentation from List B (which provides evidence of your identity)
together with documentation from List C (which provides evidence of
employment authorization), or you may present an acceptable receipt 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. If your EAD states (a)(11) under ``Category'' and has a ``Card
Expires'' date of March 30, 2020, January 10, 2021, June 30, 2022, or
June 30, 2024, this notice extends it automatically, and you may choose
to present your EAD to your employer as proof of identity and
employment eligibility for Form I-9 through June 30, 2026.
If I have an EAD based on another immigration status, can I obtain a
new DED-based EAD?
Yes, if you are covered by DED, you can obtain a new DED-based EAD,
even if you already have an EAD or employment authorization based on
another immigration status or category. If you want to obtain a DED-
based EAD valid through June 30, 2026, you must file Form I-765 and pay
the associated fee (unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation to
complete Form I-9, such as evidence of my status or proof of my
Liberian citizenship?
No. When completing Form I-9, employers must accept any unexpired
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 may
not request proof of Liberian citizenship when completing Form I-9 for
new hires or reverifying the employment authorization of current
employees. Refer to the ``Note to Employees'' section of this Federal
Register notice 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.
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 listing
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, Spanish, 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] or get more
information online at https://www.justice.gov/ier.
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]. USCIS accepts calls and emails 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 on citizenship,
immigration status, or national origin, including discrimination
related to Form I-9 and E-Verify. The IER Worker Hotline provides
language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (mismatch) must
promptly inform employees of the mismatch and give such employees an
opportunity to resolve the mismatch. A mismatch means that the
information entered into E-Verify from Form I-9 differs from records
available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result occurs if E-Verify cannot confirm an
employee's employment eligibility. An employer may terminate employment
based on a case result of FNC. Employment-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 the USCIS and E-Verify websites
[[Page 77890]]
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)
If you are applying for a Federal, state, or local government
benefit, you may need to provide the government agency with documents
that show you are covered under DED or authorized to work based on DED
or both. Check with the government agency requesting documentation
about which documents the agency will accept.
Some government agencies use SAVE, https://www.uscis.gov/save, to
confirm the current immigration status of applicants for public
benefits and licenses. SAVE can verify that an individual is covered by
DED based on an EAD with category (a)(11) or a Form I-797, Notice of
Action, reflecting approval of your Form I-765 for an EAD with a DED
category of (a)(11). 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 https://www.uscis.gov/save/save-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 (such as your A-Number or USCIS number) or
Verification Case Number. If an agency has denied your application
based solely or in part on a SAVE response, the agency must allow you
to appeal the decision in accordance with the agency's procedures. If
the agency has received and acted on or will act on a SAVE
verification, and you do not believe the SAVE response is correct, the
SAVE website, https://www.uscis.gov/save/for-benefit-applicants, has
detailed information on how to correct or update your immigration
record, make an appointment, or submit a written request to correct
records.
[FR Doc. 2024-21661 Filed 9-23-24; 8:45 am]
BILLING CODE 9111-97-P
