[Federal Register: August 30, 2000 (Volume 65, Number 169)]
[Notices]
[Page 52789-52791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au00-123]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2079-00; AG Order No. 2321-2000]
RIN 1115-AE 26
Termination of Bosnia-Herzegovina Under the Temporary Protected
Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The Attorney General's designation of Bosnia-Herzegovina for
Temporary Protected Status (TPS) expires on August 10, 2000. After
reviewing country conditions and consulting with the appropriate
Government agencies, the Attorney General has determined that
conditions in Bosnia-Herzegovina no longer support TPS designation.
However, because this determination was not made at least 60 days
before the termination date, the designation of Bosnia-Herzegovina for
TPS is automatically extended for a period of 6 months, valid until
February 10, 2001. The termination of the TPS designation of Bosnia-
Herzegovina will therefore take effect on February 10, 2001. After that
date, aliens who are nationals of Bosnia-Herzegovina (and aliens having
no nationality who last habitually resided in Bosnia-Herzegovina) who
have been granted TPS under the Bosnia-Herzegovina designation will no
longer possess such status. This notice contains information regarding
the 6-month extension and subsequent termination of the TPS designation
for Bosnia-Herzegovina.
DATES: The TPS designation for Bosnia-Herzegovina is extended until
February 10, 2001. On February 10, 2001, the TPS designation for
Bosnia-Herzegovina will be terminated. The re-registration period for
the default 6-month extension begins August 30, 2000 and ends September
29, 2000.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Adjudications
Officer, Office of Adjudications, Immigration and Naturalization
Service, Room 3040, 425 I Street, NW., Washington, DC 20536, telephone
(202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Is the Statutory Authority for the Designation and Termination
of TPS?
Under section 244 of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a, the Attorney General is authorized to designate a foreign
state (or part of a state for TPS. The Attorney
[[Page 52790]]
General 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 Attorney General
to review, at least 60 days before the end of the TPS designation, the
conditions in a foreign state designated under section 244(b)(1) of the
Act. 8 U.S.C. 1254a(b)(3)(A).
Section 244(b)(3) of the Act further requires the Attorney General
to determine whether the conditions for such a designation continue to
be met and to terminate the state's designation when the Attorney
General determines conditions are no longer met. 8 U.S.C.
1254a(b)(3)(A), (B). The Attorney General must then publish a notice of
termination in the Federal Register. If the Attorney General fails to
make the determination required by section 244(b)(3)(A) of the Act at
least 60 days before the end of the period of designation, then the
designation is automatically extended for an additional period of 6
months. 8 U.S.C. 1254a(b)(3)(C).
Why Did the Attorney General Decide To Terminate TPS for Bosnia-
Herzegovina?
On August 11, 1999, the Attorney General published a notice in the
Federal Register extending TPS for Bosnia-Herzegovina for a period of 1
year, based upon conditions in Bosnia-Herzegovina at that time. 64 FR
43720 (Aug. 11, 1999). That TPS designation is scheduled to expire on
August 10, 2000.
Based upon a more recent review of conditions within Bosnia-
Herzegovina by the Departments of Justice and State, the Attorney
General finds that conditions no longer support a TPS designation.
Since June 10, 1999, when Serb forces withdrew from northern Kosovo and
the North Atlantic Treaty Organization suspended its airstrikes,
Bosnia-Herzegovina has been relatively peaceful, with the exception of
occasional and isolated outbreaks of violence. In addition, major
infrastructure improvements have recently begun in Bosnia-Herzegovina
and democratic elections are planned for later this year.
A Department of State memorandum concerning Bosnia-Herzegovina
states that, ``Bosnia and Herzegovina is now experiencing unprecedented
spontaneous return of its nationals (of all three ethnic groups) from
neighboring countries. This spontaneous return suggests that large and
increasing numbers of Bosnians themselves have concluded that it is
safe enough to return.''
Based on these findings, the Attorney General has decided to
terminate the designation of Bosnia-Herzegovina for TPS. However, since
the Attorney General did not make this determination at least 60 days
before the end of the current designation, the designation is
automatically extended by section 244(b)(3)(C) of the Act for an
additional 6 months. The termination will therefore take effect at the
end of the 6-month extension.
If I Currently Have TPS, how do I Register for the 6-Month
Extension?
Persons previously granted TPS under the Bosnia-Herzegovina
designation may apply for the 6-month extension by filing the Form I-
821, Application for Temporary Protected Status, without the fee,
during the re-registration period that begins August 30, 2000 and ends
September 29, 2000. Additionally, those applying must file the Form I-
765, Application for Employment Authorization. See the chart below to
determine whether or not you must submit the $100 filing fee with the
Form I-765.
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If-- Then--
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You are applying for employment authorization through You must complete and file the Form I-765, Application
February 10, 2001. for Employment Authorization, with the one-hundred
dollar ($100) fee.
You already have employment authorization or do not You must complete and file the Form I-765 with no fee.
require employment authorization.
You are applying for employment authorization and are You must complete and file the Form I-765, a fee waiver
requesting a fee waiver. request, and the requisite affidavit (and any other
information), in accordance with 8 CFR 244.20.
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To re-register for TPS, you must also include two identification
photographs (1\1/2\" x 1\1/2\").
Is Late Registration Possible?
Yes, in addition to timely re-registration, late initial
registration is possible for some persons from Bosnia-Herzegovina under
8 CFR 244.2(f)(2).
What Are the Requirements for Late Initial Registration?
To apply for late initial registration an applicant must:
Be a national of Bosnia-Herzegovina (or an alien having no
nationality who last habitually resided in Bosnia-Herzegovina);
Have been continuously physically present in the United
States since August 10, 1992;
Have continuously resided in the United States since
August 10, 1992; and
Be admissible as an immigrant, except as otherwise
provided in section 244(c) of the Act.
Additionally, the applicant for late initial registration must be
able to demonstrate that, during the initial registration period, he or
she:
Was a nonimmigrant, or was granted voluntary departure or
any relief from removal;
Had an application for change of status, adjustment of
status, asylum, voluntary departure, or any relief from removal pending
or subject to further review;
Was a parolee or had a pending request for reparole; or
Is the spouse or child of an alien currently eligible to
be a TPS registrant.
An applicant for late initial registration must register no later
than 60 days from the expiration or termination of the qualifying
condition.
Where Should I File for an Extension of TPS?
You may register for the extension of TPS by submitting an
application and accompanying materials to the Immigration and
Naturalization Service's local office that has jurisdiction over your
place of residence.
When can I File for an Extension of TPS?
The 30-day re-registration period begins August 30, 2000, and will
remain in effect until September 29, 2000.
What Can I do if I Feel that my Return to Bosnia-Herzegovina is
unsafe?
There may be other avenues of immigration protection or relief
available to aliens who are nationals of Bosnia-Herzegovina (and aliens
having no nationality who last habitually
[[Page 52791]]
resided in Bosnia-Herzegovina) in the United States who believe that
their particular circumstances make return to Bosnia-Herzegovina
unsafe. Such avenues may include, but are not limited to, asylum or
withholding or removal.
How Does the Termination of TPS Affect Former TPS Beneficiaries?
After the designation of Bosnia-Herzegovina for TPS is terminated
on February 10, 2001, those aliens who are nationals of Bosnia-
Herzegovina (and aliens having no nationality who last habitually
resided in Bosnia-Herzegovina) will revert back to the immigration
status they had prior to TPS, unless they have been granted another
immigration status. The stay of removal and eligibility for employment
authorization due to the designation of Bosnia-Herzegovina for TPS will
no longer be available. The termination of the TPS designation for
Bosnia-Herzegovina, however, will not affect any pending applications
for other forms of immigration relief.
Those persons who were granted TPS under the Bosnia-Herzegovina
designation may begin accruing unlawful presence as of February 10,
2001, if they have not been granted any other immigration benefit or
have no application for such a benefit pending. Aliens who accrue
certain periods of unlawful presence in the United States may be barred
from admission to the United States under section 212(a)(9)(B)(i) of
the Act. See 8 U.S.C. 1182(a)(9)(B)(i).
Notice of 6-month Extension and Termination of Designation of
Bosnia-Herzegovina Under the TPS Program
By the authority vested in me as Attorney General under section
244(b)(3) of the Act, I have consulted with the appropriate agencies of
Government concerning conflict and security conditions in Bosnia-
Herzegovina. 8 U.S.C. 1254a(b)(3). Based on these consultations, I have
determined that Bosnia-Herzegovina no longer meets the conditions for
designation of TPS under section 233(b)(1) of the Act. See 8 U.S.C.
1254a(b)(1).
I understand that, although Bosnia-Herzegovina is still rebuilding
from the war, persons can return to Bosnia-Herzegovina in safety. In
view of the recommendations of the Departments of Justice and State for
termination, I terminate the designation of Bosnia-Herzegovina under
the TPS program. However, Since I did not make this determination at
least 60 days before the expiration of the designation, the designation
is automatically extended for 6 months, until February 10, 2001.
Accordingly, I order as follows:
(1) The designation of Bosnia-Herzegovina for TPS under section
244(b) of the Act is terminated effective February 10, 2001.
(2) I estimate that there are no more than 400 nationals of Bosnia-
Herzegovina (and aliens having no nationality who last habitually
resided in Bosnia-Herzegovina) who have been previously granted TPS.
(3) Information concerning the termination of the TPS program for
nationals of Bosnia-Herzegovina (and aliens having no nationality who
last habitually resided in Bosnia-Herzegovina) will be available at
local Service offices upon publication of this notice or at the
Service's website at http://www.ins.usdoj.gov.
Dated: August 23, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-22138 Filed 8-29-00; 8:45 am]
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