Federal Register - August 3, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration Services CIS No. 269321; DHS Docket No. USCIS
20140001
RIN 1615ZB70
Designation of Haiti for Temporary Protected Status U.S. Citizenship and Immigration Services USCIS, Department of Homeland Security DHS.
ACTION: Notice of Temporary Protected Status TPS designation.
AGENCY:
Through this Notice, the Department of Homeland Security DHS announces that the Secretary of Homeland Security Secretary is designating Haiti for Temporary Protected Status TPS for 18 months, effective August 3, 2021, through February 3, 2023. This designation allows eligible Haitian nationals and individuals having no nationality who last habitually resided in Haiti who have continuously resided in the United States since July 29, 2021, and who have been continuously physically present in the United States since August 3, 2021
to apply for TPS. TPS beneficiaries whose TPS has been continued pursuant to court orders, as described in 85 FR 79208 Dec. 9, 2020 should newly apply for TPS following the instructions in this Notice.
DATES: Designation of Haiti for TPS: The 18-month designation of Haiti for TPS is effective on August 3, 2021 and will remain in effect for 18 months, through February 3, 2023. The registration period for eligible individuals to submit TPS applications begins August 3, 2021, and will remain in effect through February 3, 2023.
FOR FURTHER INFORMATION CONTACT: You may contact Andria Strano, Acting 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 8003755283.
ADDRESSES: For further information on TPS, including guidance on the registration process and additional information on eligibility, please visit the USCIS TPS web page at uscis.gov/
tps. You can find specific information about Haitis TPS designation by selecting Haiti from the menu on the left side of the TPS web page.
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If you have additional questions about TPS, please visit uscis.gov/tools. Our online virtual assistant, Emma, can answer many of your questions and point you to additional information on our website. If you are unable to find your answers there, you may also call our USCIS Contact Center at 800375
5283 TTY 8007671833.
Applicants seeking information about the status of their individual cases may check Case Status Online, available on the USCIS website at uscis.gov, or visit the USCIS Contact Center at uscis.gov/
contactcenter.
Further information will also be available at local USCIS offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations BIABoard of Immigration Appeals CFRCode of Federal Regulations DHSU.S. Department of Homeland Security DOSU.S. Department of State EADEmployment Authorization Document FNCFinal Nonconfirmation Form I765Application for Employment Authorization Form I797Notice of Action Approval Notice Form I821Application for Temporary Protected Status Form I9Employment Eligibility Verification Form I912Request for Fee Waiver Form I94Arrival/Departure Record FRFederal Register GovernmentU.S. Government IERU.S. Department of Justice Civil, Rights Division, Immigrant and Employee Rights Section IJImmigration Judge INAImmigration and Nationality Act SAVEUSCIS Systematic Alien Verification for Entitlements Program SecretarySecretary of Homeland Security TNCTentative Nonconfirmation TPSTemporary Protected Status TTYText Telephone USCISU.S. Citizenship and Immigration Services U.S.C.United States Code
Purpose of This Action TPS
Through this Notice, DHS sets forth procedures necessary for beneficiaries whose TPS has been continued pursuant to court orders, as described in 85 FR 79208 Dec. 9, 2020, to newly apply for TPS.1 This Notice also sets 1 Since its first litigation compliance Federal Register notice, DHS has repeatedly emphasized and reserved its statutory authority to conduct reregistration of beneficiaries, including those under the Haiti TPS designation, whose TPS is presently continued under the preliminary injunctions issued in Ramos, et al. v. Nielsen, et. al., No. 18cv01554
N.D. Cal. Oct. 3, 2018 Ramos, on appeal 975
F.3d 872 9th Cir. 2020, petition for en banc rehearing filed Nov. 30, 2020 No. 1816981; Saget, et. al., v. Trump, et. al., No. 18cv1599 E.D.N.Y.
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forth procedures for other eligible nationals of Haiti or individuals having no nationality who last habitually resided in Haiti to submit an initial registration application under the designation of Haiti for TPS and apply for an EAD. Under the designation, individuals may submit an initial Application for Temporary Protected Status Form I821, and they may also submit an Application for Employment Authorization Form I765 during the registration period that runs from August 3, 2021 through February 3, 2023. Under section 244b1C of the Immigration and Nationality Act INA, 8 U.S.C. 1254ab1C, the Secretary is authorized to designate a foreign state or any part thereof for TPS upon finding that extraordinary and temporary conditions in the foreign state prevent its nationals from returning safely, unless permitting the foreign states nationals to remain temporarily in the United States is contrary to the national interest of the United States.
In addition to demonstrating continuous residence in the United States since July 29, 2021, and meeting other eligibility criteria, applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since August 3, 2021, the effective date of this designation of Haiti, for USCIS to grant them TPS.
USCIS estimates that approximately 155,000 individuals are eligible to apply for TPS under the designation of Haiti.2
Apr. 11, 2019 Saget appeal filed, No. 191685
2d Cir.; and Bhattarai v. Nielsen, No. 19cv00731
N.D. Cal. Mar. 12, 2019 Bhattarai. See 85 FR
at 7920910; 84 FR 59403, 59406Nov. 4, 2019; 84
FR 7103, 7105 March 1, 2019; 84 FR 45764, 4576566 Oct. 31, 2018. See also infra for discussion of these lawsuits.
2 In general, individuals must be given an initial registration period of no less than 180 days to register for TPS, but the Secretary has discretion to provide for a longer registration period. See 8 U.S.C.
1254ac1Aiv. Historically, the length of the initial registration period has varied. Compare 66
FR 14214 March 9, 2001 18 month initial registration period for applicants under TPS
designation for El Salvador with 80 FR 36346 June 24, 2015 180-day initial registration period for applicants under TPS designation for Nepal. In recent years this period has generally been limited to the statutory minimum of 180 days, although later extensions of the initial registration period have also been announced for some countries. See, e.g., 81 FR 4051 Jan. 25, 2016 setting 180-day initial registration period during extension and redesignation of South Sudan for TPS; 78 FR 1866
Jan. 9, 2013 setting 180-day initial registration period during extension and redesignation of Sudan for TPS; 75 FR 39957 July 13, 2010 extension of previously announced initial 180-day registration period for Haiti TPS applicants to allow more time for individuals to apply. After evaluating whether to limit the initial registration period for TPS under this new designation of Haiti to the statutory
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