Termination of Bosnia-Herzegovina Under the Temporary Protected Program

 [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]                           -----------------------------------------------------------------------  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.  -----------------------------------------------------------------------  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    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.  ----------------------------------------------------------------------------------------------------------------                           If--                                                    Then-- ---------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------      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    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] BILLING CODE 4410-10-M  
Updated January 13, 2015