[Federal Register: July 1, 2003 (Volume 68, Number 126)]
[Notices]
[Page 39106-39109]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy03-80]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Citizenship and Immigration Services
[CIS No. 2280-03]
RIN 1650-AB06
Extension of the Designation of Montserrat Under Temporary
Protected Status Program
AGENCY: Bureau of Citizenship and Immigration Services, Homeland
Security.
ACTION: Notice.
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SUMMARY: The designation of Montserrat under the Temporary Protected
Status (TPS) Program will expire August 27, 2003. This notice extends
the designation of Montserrat for 12 months until August 27, 2004, and
sets forth procedures necessary for nationals of Montserrat (or aliens
having no nationality who last habitually resided in Montserrat) with
TPS to re-register and to apply for an extension of their employment
authorization documentation for the additional 12-month period. Re-
registration is limited to persons who registered under the initial
designation, which ended on August 27, 1998, and also timely re-
registered under the extensions of designation. Certain nationals of
Montserrat (or aliens having no nationality who last habitually resided
in Montserrat) who previously have not applied for TPS may be eligible
to apply under the late initial registration provisions.
EFFECTIVE DATES: The extension of Montserrat's TPS designation is
[[Page 39107]]
effective August 27, 2003, and will remain in effect until August 27,
2004. The 60-day re-registration period begins July 1, 2003, and will
remain in effect until September 2, 2003.
FOR FURTHER INFORMATION CONTACT: Jonathan Mills, Department of Homeland
Security, Bureau of Citizenship and Immigration Services, 425 ``I''
Street, NW., Room 3040, Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Secretary of the Department of Homeland
Security Have To Extend the Designation of Montserrat Under the TPS
Program?
On March 1, 2003, the functions of the Immigration and
Naturalization Service (Service) transferred from the Department of
Justice to the Department of Homeland Security (DHS) pursuant to the
Homeland Security Act of 2002, Public Law 107-296. The responsibilities
held by the Service for administering the TPS program were transferred
to the Bureau of Citizenship and Immigration Services (BCIS).
Under section 244 of the Immigration and Nationality Act (the Act),
8 U.S.C. 1254a, the Secretary of DHS, after consultation with
appropriate agencies of the Government, is authorized to designate a
foreign state or (part thereof) for TPS. The Secretary of DHS may then
grant TPS to eligible nationals of that foreign state (or aliens having
no nationality who last habitually resided in that state).
Section 244(b)(3)(A) of the Act requires the Secretary of DHS to
review, at least 60 days before the end of the TPS designation or any
extension thereof, the conditions in a foreign state designated under
the TPS program to determine whether the conditions for a TPS
designation continue to be met and, if so, the length of an extension
of TPS. (8 U.S.C. 1254a(b)(3)(A)). If the Secretary of DHS determines
that the foreign state no longer meets the conditions for TPS
designation, he shall terminate the designation, as provided in section
244(b)(3)(B) of the Act (8 U.S.C. 1254a(b)(3)(B)). Finally, if the
Secretary of DHS does not make the required determination prior to the
60-day period prescribed by statute, section 244(b)(3)(C) of the Act
provides for an automatic extension of TPS for an additional period of
6 months (or, in the discretion of the Secretary of DHS, a period of 12
or 18 months) (8 U.S.C. 1254a(b)(3)(C)).
Why Did the Secretary of DHS Decide To Extend the TPS Designation for
Montserrat?
On August 28, 1997, the Attorney General designated Montserrat
under the TPS program for a period of 12 months due to volcanic
eruptions that affected the entire island and its residents. 62 FR
45685. The Attorney General extended Montserrat's TPS designation five
times, determining each time that the conditions warranting such
designation continued to be met. See 67 FR 47002 (July 17, 2002); 66 FR
40834 (August 3, 2001); 65 FR 58806 (October 2, 2000); 64 FR 48190
(September 2, 1999); 63 FR 45864 (August 27, 1998).
Since the date of the last extension, the Departments of Homeland
Security and State have continued to review conditions in Montserrat. A
12-month extension is warranted due to the threat of further volcanic
activity, serious health risks from hazardous ash, and lack of
infrastructure, including no functioning airport.
Citing recommendations made by the September 2002 Montserrat
Volcano Risk Assessment Panel and a late December 2002 appraisal of the
situation, the Department of State reports that persons who were
evacuated from their homes because of volcanic eruptions that occurred
in 1997 are still unable to safely return. DOS Recommendation for the
Extension of TPS (May 9, 2003). The amount of magma in the volcano
continues to grow, as does its lava dome. Id. Volcanic threats to many
areas surrounding the volcano have increased since the most recent
Hazard and Risk Assessment, which occurred in October 2002. Id. As a
result, the government of Montserrat expanded the ``exclusion zone'' of
the island. BCIS Resource Information Center (May 5, 2003). The
southern two-thirds of the island is buried in volcanic material and
uninhabitable. Id.
The Department of State further notes that emergency measures
remain in place in Montserrat. DOS Recommendation for Extension of TPS.
A lack of infrastructure, including no functioning airport, continues
to exist. Id. Two-thirds of the pre-eruption population of 12,000 has
left the island. Id. Unemployment is high and few jobs remain outside
of construction, most of which is aimed at making the north end of the
island habitable for those who remain. Id. A de facto capital has been
built in the village of Salem, but the government continues to operate
out of makeshift quarters. BCIS Resource Information Center.
Based upon this review, the Secretary of DHS, after consultation
with appropriate Government agencies, finds that the conditions that
prompted designation of Montserrat under the TPS program continue to be
met (8 U.S.C.1254a(b)(3)(C)). There continues to be a substantial, but
temporary, disruption of living conditions in Montserrat as the result
of an environmental disaster, and Montserrat continues to be unable,
temporarily, to handle adequately the return of its nationals (8 U.S.C.
1254a(b)(1)(B)(i)-(ii)). On the basis of these findings, the Secretary
of DHS concludes that the TPS designation for Montserrat should be
extended for an additional 12-month period.
If I Currently Have TPS Through the Montserrat TPS Program, Do I Still
Re-Register for TPS?
Yes. If you already have received TPS benefits through the
Montserrat TPS program, your benefits will expire on August 27, 2003.
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain their
TPS benefits through August 27, 2004. TPS benefits include temporary
protection against removal from the United States, as well as work
authorization, during the TPS designation period and any extension
thereof (8 U.S.C. 1254a(a)(1)).
If I am Currently Registered for TPS, How Do I Re-Register for an
Extension?
All persons previously granted TPS under the Montserrat program who
wish to maintain such status must apply for an extension by filing (1)
a Form I-821, Application for Temporary Protected Status, without the
filing fee; (2) a Form I-765, Application for Employment Authorization;
and (3) two identification photographs (1\1/2\ inches x 1\1/2\ inches).
Applications submitted without the required fee and/or photos will be
returned to the applicant. See the chart below to determine whether you
must submit the one hundred and twenty dollar ($120) filing fee with
Form I-765. Applicants for an extension of TPS benefits do not need to
be re-fingerprinted and thus need not pay the $50 fingerprint fee.
Children beneficiaries of TPS who have reached the age of fourteen (14)
but were not previously fingerprinted must pay the fifty dollar ($50)
fingerprint fee with the application for extension.
Submit the completed forms and applicable fee, if any, to the BCIS
district office having jurisdiction over your place of residence during
the 60-day re-registration period that begins
[[Page 39108]]
July 1, 2003, and ends September 2, 2003 (inclusive of such end date).
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If Then
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You are applying for employment You must complete and file
authorization until August 27, 2004. the Form I-765, Application
for Employment
Authorization, with the
$120 fee.
You already have employment authorization You must complete and file
or do not require employment Form I-765 with no fee.\1\
authorization.
You are applying for employment You must complete and file:
authorization and are requesting a fee (1) Form I-765 and (2) a
waiver. fee for waiver request and
affidavit (and any other
information) in accordance
with 8 CFR 244.20.
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\1\ An applicant who does not seek employment authorization
documentation does not need to submit the $120 fee, but must still
complete and submit Form I-765 for data gathering process.
How Does an Application for TPS Affect My Application for Asylum or
Other Immigration Benefits?
An application for TPS does not affect an application for asylum or
any other immigration benefit, and vise versa. Denial of an application
for asylum or any other immigration benefit does not affect an
applicant's TPS eligibility, although the grounds for denying one form
of relief may also be grounds for denying TPS. For example, a person
who has been convicted of a particularly serious crime is not eligible
for asylum or TPS (8 U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C.
1254a(c)(2)(B)(ii)).
Does This Extension Allow Nationals of Montserrat (or Aliens Having No
Nationality Who Last Habitually Resided in Montserrat) Who Entered the
United States After August 28, 1997, To File for TPS?
No. This is a notice of an extension of TPS, not a notice of re-
designation of Montserrat under the TPS program. An extension of TPS
does not change the required dates of continuous residence and
continuous physical presence in the United States. This extension does
not expand TPS availability to those who are not already TPS class
members. To be eligible for benefits under this extension, nationals of
Montserrat (or aliens having no nationality who last habitually resided
in Montserrat) must have resided continuously in the United States
since August 22, 1997, and have been continuously physically present in
the United States since August 28, 1997.
What Is Late Initial Registration?
Some persons may be eligible for late initial registration under 8
CFR 244.2(f)(2). To apply for late initial registration an applicant
must:
(1) Be a national of Montserrat (or alien who has no nationality
and who last habitually resided in Montserrat);
(2) Have been continuously physically present in the United States
since August 28, 1997;
(3) Have continuously resided in the United States since August 22,
1997; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not ineligible under section
244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that during
the registration period from August 28, 1997, through August 27, 1998,
he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Was the spouse or child of an alien currently eligible to be a
TPS registrant.
An applicant for late initial registration must file an application
for late registration no later than 60 days after the expiration or
termination of the conditions described above (8 CFR 244.2(g)).
What Happens When This Extension of TPS Expires on August 27, 2004?
At least 60 days before this extension of TPS expires on August 27,
2004, the Secretary of DHS will review conditions in Montserrat and
determine whether the conditions for designation under the TPS program
continue to be met at that time, or whether the TPS designation should
be terminated. Notice of that determination, including the basis for
the determination, will be published in the Federal Register.
If the TPS designation is extended at that time, an alien who has
received TPS benefits must re-register under the extension in order to
maintain TPS benefits. If, however, the Secretary of DHS terminates the
TPS designation, TPS beneficiaries will maintain the immigration status
they had before TPS (unless that status had since expired or been
terminated) or any other status they may have acquired while registered
for TPS. Accordingly, if an alien had no lawful immigration status
prior to receiving TPS and did not obtain any status during the TPS
period, he or she will revert to that unlawful status upon termination
of the TPS designation.
Notice of Extension of Designation of Montserrat Under the TPS Program
By the authority vested in me as Secretary of DHS under sections
244(b)(1)(B), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted
with the appropriate government agencies and determine that the
conditions that prompted designation of Montserrat for TPS continue to
be met (8 U.S.C. 1254a(b)(3)(A)). Accordingly, I order as follows:
(1) The designation of Montserrat under section 244(b) of the Act
is extended for an additional 12-month period from August 27, 2003, to
August 27, 2004 (8 U.S.C. 1254a(b)(3)(C)).
(2) There are approximately 325 nationals of Montserrat (or aliens
having no nationality who last habitually resided in Montserrat) who
have been granted TPS and who are eligible for re-registration.
(3) To maintain TPS, a national of Montserrat (or an alien having
no nationality who last habitually resided in Montserrat) who received
TPS during the initial designation period must re-register for TPS
during the 60-day re-registration period from July 1, 2003, until
September 2, 2003.
(4) To re-register, the applicant must file the following: (1) Form
I-821, Application for Temporary Protected Status; (2) Form I-765,
Application for Employment Authorization; and (3) two identification
photographs (1\1/2\ inches by 1\1/2\ inches). Applications submitted
without the required fee and/or photos will be rejected. There is no
fee for filing a Form I-821 filed as part of the re-registration
application. If the applicant requests employment authorization, he or
she must submit one hundred and twenty dollars ($120) or a properly
documented fee waiver request, pursuant to 8 CFR 244.20, with the Form
I-765. An applicant who does not request employment authorization must
nonetheless file Form I-765 along with Form I-821, but is not required
to submit the fee. Child beneficiaries of TPS who have reached the age
of 14 but were not previously fingerprinted are required to pay a
fifty-dollar ($50) fingerprint fee. Failure to re-register without good
cause will result in the withdrawal of TPS (8 CFR 244.17(c)). Some
persons who had not previously applied for TPS may be eligible for late
initial registration under 8 CFR 244.2.
(5) At least 60 days before this extension terminates on August 27,
[[Page 39109]]
2004, the Secretary will review the designation of Montserrat under the
TPS program and determine whether the conditions for designation
continue to be met (8 U.S.C. 1254a(b)(3)(A)). Notice of that
determination, including the basis for the determination, will be
published in the Federal Register (8 U.S.C. 1254a(b)(3)(A)).
(6) Information concerning the extension of designation of
Montserrat under the TPS program will be available at local BCIS
offices upon publication of this notice and on the BCIS Web site at
http://www.bcis.gov/graphics/index.htm.
Dated: June 25, 2003.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 03-16567 Filed 6-30-03; 8:45 am]
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