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WASHINGTON - The Department of Homeland Security and Immigration (DHS) today announced a 12-month extension of Temporary Protected Status (TPS) for nationals of Somalia until September 17, 2005. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional year and continue to maintain their status. There are approximately 324 nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who are eligible for re-registration.
The extension of TPS for Somalia is effective September 17, 2004, and will remain in effect until September 17, 2005. Nationals of Somalia who have been granted TPS must re-register for the 12-month extension during the 60-day re-registration period, which begins on August 6, 2004 and will remain in effect until October 5, 2004. USCIS sought to give TPS beneficiaries a full 60 days to re-register. However, those Somalia TPS beneficiaries who are applying for work authorization should do so before their current EAD expires.
Section 244 of the Immigration and Nationality Act authorizes the Secretary of Homeland Security to grant TPS to aliens in the United States who are nationals of countries that are subject to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. On September 16, 1991 and September 4, 2001, the Attorney General (who retained authority over TPS designations prior to the creation of the Department of Homeland Security on March 1, 2003) designated TPS for Somalia based on extraordinary and temporary conditions resulting from the armed conflict there. TPS for Somalia has been extended annually and the most recent extension expires on September 17, 2004. The U.S. Government continues to examine conditions in Somalia and finds that an extension of TPS is warranted because the extraordinary and temporary conditions that prompted designation persist.
To re-register for TPS under the extension, a TPS applicant must submit Form I-821 (Application for Temporary Protected Status) without the filing fee, Form I-765 (Application for Employment Authorization), two identification photographs (full face frontal, 2"x2") and a $70 biometrics services fee for each applicant age 14 and older to the local U.S. Citizenship and Immigration Services (USCIS) district office. Both the Form I-765 and I-821 must be submitted for re-registration. If the applicant is only seeking to re-register for TPS and not seeking an extension of employment authorization, there is no filing fee for the Form I-765. However, all applicants seeking an extension of employment authorization until September 17, 2005 must submit a $175 filing fee with Form I-765. Applicants may request a fee waiver in accordance with the regulations. All applicants age 14 and older are required to submit the $70 biometric service fee. Failure to submit the required photographs and filing fees will result in the rejection of the re-registration application.
USCIS has published a revised Form I-821, Application for Temporary Protected Status. This form is available on the USCIS web site at www.uscis.gov and will be made available at local USCIS offices. USCIS will continue to accept the former I-821 Form until September 30, 2004. Applications for TPS re-registration submitted after September 30, 2004 must be filed using the revised Form I-821.
More information can be obtained from the USCIS National Customer Service Center toll-free number:
-USCIS-
On March 1, 2003, U.S Citizenship and Immigration Services (USCIS) became one of three former Immigration and Naturalization Service (INS) components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing the integrity of our nation's security.
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Department of Homeland Security Under Secretary for Border and Transportation Security Asa Hutchinson announced plans to expand control of the United States borders through increased use of immigration laws to combat illegal entry between the ports of entry while facilitating travel for legitimate Mexican visitors.
This will be accomplished by:
"We want to send a clear message that those individuals who follow legal immigration procedures will benefit while those who choose to break our nation's immigration laws will be promptly removed from the U.S.," said Under Secretary Hutchinson.
Expedited Removal
While expedited removal has been effectively used at official ports of entry in the U.S. since 1997, it has not been applied on the land borders between the ports of entry. The expansion of expedited removal processing will allow DHS to speed the removal of illegal aliens who are caught while attempting to enter the United States by fraudulent means or while attempting to elude Customs and Border Protection (CBP) Border Patrol agents. This new procedure will only apply to those caught within 100 miles of the Mexican or Canadian borders, and only if they are apprehended within their first 14 days in the U.S. The expanded use of expedited removal is primarily directed at those illegal aliens who are not citizens of Mexico or Canada.
When a person is apprehended and placed in expedited removal proceedings by a CBP Border Patrol agent, he or she generally will be detained and removed to his or her country of origin as soon as circumstances allow. They will not be released into the U.S. in most cases, and is not provided a hearing before an Immigration Judge unless he or she is determined to have a credible fear of return to his or her country.
Any person who expresses an intention to apply for asylum, or a fear of persecution or torture, or a fear of return to his or her home country will be referred to a U.S. Citizenship and Immigration Services (CIS) asylum officer for a "credible fear" interview. If the person is found to have a credible fear, he or she will be removed from the expedited removal process and may seek protection in a removal hearing before an Immigration Judge.
Border Crossing Card
DHS also has decided to expand the time restriction on border crossing cards (BCCs) used by Mexicans to enter the U.S. for temporary visits. This decision was closely coordinated between Secretary for Homeland Security Tom Ridge and Mexican Secretary of Government Santiago Creel. Current rules limit the BCC holder to visits of up to 72 hours within the border zone of 25 miles along the border in Texas, New Mexico, and California and 75 miles of the border in Arizona. Cardholders are exempt from US-VISIT processing for their short, border-zone visits. In order to travel in the U.S. for longer periods or outside of the border zone, a cardholder must obtain an I-94 form (Record of Entry/Departure), which allows travel throughout the U.S. for up to six months.
The forthcoming rule will extend the time limit for BCC visitors from 72 hours to a period of 30 days. As a result of this change, only BCC holders applying for entry of more than 30 days or travel outside of the border zone would be processed through US-VISIT at the time they apply for an I-94 form. This would begin prior to the implementation of US-VISIT at the 50 busiest land border ports-of-entry, scheduled to start on Dec. 31, 2004.
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August 10, 2004 – The U.S. Department of Homeland Security (DHS), The America Prepared Campaign, the American Red Cross, the National Association of Broadcasters and the U.S. Department of Education have joined a coalition of more 50 national organizations to engage Americans in emergency preparedness by launching National Preparedness Month on September 9. The launch event at the United States Capitol is co-chaired by Senators Susan Collins (R-ME) and Joseph Lieberman (D-CT) and Representatives Christopher Cox (R-CA) and Jane Harman (D-CA). In addition, all 56 state and territorial governors have pledged to mark National Preparedness Month with local events.
“National Preparedness Month brings together an amazing coalition of partners to make citizen preparedness a priority for every city, every neighborhood and every home across America,” said Homeland Security Secretary Tom Ridge. “Homeland security is a shared responsibility and I am pleased that so many organizations and so many national leaders are working together to help get this information out into communities across the nation.”
National Preparedness Month will provide Americans with a variety of opportunities to learn more about ways they can prepare for an emergency, get an emergency supply kit, establish a family communications plan, and become better aware of threats that may impact communities. It will also provide them with several opportunities to volunteer or get first aid or CPR training. State and local governments, individual communities, private businesses and nonprofit organizations will host events or promote preparedness steps around the country during September to encourage all Americans to prepare for emergencies in their homes, businesses and schools.
Below is a list of the organizations participating in National Preparedness Month as of today:
Details about the official launch of National Preparedness Month and local events will be distributed in late August. For further information or to join this effort please call Kristin Gossel or Lara Shane at
The Ready Campaign is a national public service advertising campaign produced by the Ad Council in partnership with the U.S. Department of Homeland Security. The Ready Campaign is designed to educate and empower American citizens to prepare for and respond to potential terrorist attacks and other emergencies. Citizens interested in receiving a "Get Ready Now" brochure may call 1-800-BE-READY or visit www.Ready.gov for more information.
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SUMMARY: This notice authorizes the Department of Homeland Security to place in expedited removal proceedings any or all members of the following class of aliens: Aliens determined to be inadmissible under sections 212(a)(6)(C) or (7) of the Immigration and Nationality Act who are present in the U.S. without having been admitted or paroled following inspection by an immigration officer at a designated port-of- entry, who are encountered by an immigration officer within 100 air miles of the U.S. international land border, and who have not established to the satisfaction of an immigration officer that they have been physically present in the U.S. continuously for the fourteen- day (14-day) period immediately prior to the date of encounter. DHS believes that exercising its statutory authority to place these individuals in expedited removal proceedings will enhance national security and public safety by facilitating prompt immigration determinations, enabling DHS to deal more effectively with the large volume of persons seeking illegal entry, and ensure removal from the country of those not granted relief, while at the same time protecting the rights of the individuals affected. DATES: This notice is effective on August 11, 2004.
ADDRESSES: Please submit written comments to: Regulations Branch, Office of Regulations and Rulings, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Washington, DC 20229. See SUPPLEMENTARY INFORMATION section for more details on submission of comments.
FOR FURTHER INFORMATION CONTACT: Dana E. Graydon, Acting Associate Chief, Office of Border Patrol, U.S. Customs and Border Protection,1300 Pennsylvania Ave., NW., Suite 6.5-E, Washington, DC 20229, dana.graydon@dhs.gov, 202-344-3153.
SUPPLEMENTARY INFORMATION: Please submit written comments, original and two copies, to the address listed above on or before after October 12, 2004. Submitted comments may be inspected at the Office of Regulations and Rulings, Bureau of Customs and Border Protection, 799 9th Street, NW., Washington, DC, during regular business hours. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at (202) 572-8768.
Section 302 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104-208, Div. C, 110 Stat. 3009-546, amended section 235(b) of the Immigration and Nationality Act ("Act"), 8 U.S.C. 1225(b), to authorize the Attorney General (now the Secretary of Homeland Security as designated under the Homeland Security Act of 2002) to remove, without a hearing before an immigration judge, aliens arriving in the U.S. who are inadmissible under sections 212(a)(6)(C) or 212(a)(7) of the Act, 8 U.S.C. 1182(a)(6)(C) and 1182(a)(7). Under section 235(b)(1) of the Act, 8 U.S.C. 1225(b)(1), expedited removal proceedings may be applied to two categories of aliens. First, section 235(b)(1)(A)(i) of the Act, 8 U.S.C. 1225(b)(1)(A)(i), permits expedited removal proceedings for aliens who are "arriving in the United States.'' "Arriving aliens'' are defined by regulation to mean "an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international waters and brought into the United States by any means whether or not to a designated port-of- entry.'' (8 CFR 1.1(q)). Cuban citizens who arrive at U.S. ports-of- entry by aircraft are exempted from this first category of aliens subject to expedited removal under section 235(b)(1)(F) of the Act, 8 U.S.C. 1225(b)(1)(F). Second, section 235(b)(1)(A)(iii) of the Act, 8 U.S.C. 1225(b)(1)(A)(iii), permits the Attorney General (now the Secretary of Homeland Security), in his or her sole and unreviewable discretion, to designate certain other aliens to whom the expedited removal provisions may be applied. Section 235(b)(1)(A)(iii), 8 U.S.C. 1225(b)(1)(A)(iii), authorizes the Secretary to apply (by designation) expedited removal proceedings to aliens who arrive in, attempt to enter, or have entered the U.S. without having been admitted or paroled following inspection by an immigration officer at a designated port-of- entry, and who have not established to the satisfaction of the immigration officer that they have been physically present in the U.S. continuously for the two-year period immediately prior to the date of determination of inadmissibility.
By statute, an alien present in the U.S. who has not been admitted shall be deemed for purposes of the Act to be an applicant for admission. 8 U.S.C. 1225(a), section 235(a)(1) of the Act. Once alienage has been established, an alien applicant for admission has the burden of establishing that he or she is clearly and beyond doubt entitled to be admitted and is not inadmissible under section 212 of this Act. Aliens who have not been admitted or paroled and who are subject to expedited removal under this designation have the burden of proof to show affirmatively that they are not inadmissible and have maintained the required continuous physical presence in the U.S. Any absence from the U.S. shall serve to break the period of continuous physical presence. 8 CFR 235.3(b)(1)(ii).
Pursuant to 8 CFR 235.3(b)(1)(ii) (62 FR 10312, 10355, March 6, 1997), the Attorney General provided that her designation authority would be exercised by the Commissioner of the former Immigration and Naturalization Service (INS). Pursuant to sections 102(a), 441, 1512(d) and 1517 of the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2310, 6 U.S.C. 112, 251, 552(d), 557, and 8 CFR 2.1, the authority of the Attorney General and the Commissioner of the INS in accordance with 8 U.S.C. 235(b)(1)(A)(iii) and 8 CFR 235.3(b)(1)(ii), respectively, was transferred to the Secretary of Homeland Security, and references to the Attorney General or the Commissioner in the statute and regulations are deemed to refer to the Secretary.
DHS has a pressing need to improve the security and safety of the nation's land borders, and expanding expedited removal between ports of entry will provide DHS officers with a valuable tool to meet that objective. Presently DHS officers cannot apply expedited removal procedures to the nearly 1 million aliens who are apprehended each year in close proximity to the borders after illegal entry. It is not logistically possible for DHS to initiate formal removal proceedings against all such aliens. This is primarily a problem along the southern border, and thus the majority of such aliens are Mexican nationals, who are "voluntarily'' returned to Mexico without any formal removal order. Based upon anecdotal evidence, many of those who are returned to Mexico seek to reenter the U.S. illegally, often within 24 hours of being voluntarily returned (it is not uncommon for DHS officers to apprehend the same individual many times over a span of several months). On the southern land border with Mexico, those aliens who are apprehended who are not Mexican nationals cannot be returned to Mexico. Currently, non-Mexican nationals who are inadmissible may be voluntarily returned to their country of citizenship or nationality via aircraft, or placed in formal removal proceedings under section 240 of the Act. Because DHS lacks the resources to detain all third-country nationals (aliens who are neither nationals of Mexico nor Canada) who have been apprehended after illegally crossing into the U.S. from both the northern and southern land borders, many of these aliens are released in the U.S. each year with a notice to appear for removal proceedings. Many of these aliens subsequently fail to appear for their removal proceedings, and then disappear in the U.S.
Without limiting its ability to exercise its discretion in the event of a national emergency, other unforeseen events, or a change in circumstances, DHS plans under this designation as a matter of prosecutorial discretion to apply expedited removal only to (1) third- country nationals and (2) to Mexican and Canadian nationals with histories of criminal or immigration violations, such as smugglers or aliens who have made numerous illegal entries. We recognize that certain aliens, including unaccompanied minors, members of the Class Action Settlement in American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) (which settled the claims of a class of Salvadorans and Guatemalans regarding handling of asylum claims), and aliens who may be eligible for cancellation of removal under section 240A of the Act,
for example, may possess equities that weigh against the use of expedited removal proceedings. Accordingly, in appropriate circumstances and as an exercise of prosecutorial discretion, officers will be able to permit certain aliens described in this notice to return voluntarily, withdraw their application for admission, or to be placed into regular removal proceedings under section 240 of the Act in lieu of expedited removal proceedings.
In the interests of focusing enforcement resources upon unlawful entries that have a close spatial and temporal nexus to the border, this notice does not implement the full nationwide expedited removal authority available to DHS pursuant to section 235 of the Act, 8 U.S.C. 1225. Nor does this notice limit DHS from implementing the full nationwide enforcement authority of the statute through publication of a subsequent Federal Register notice. The statute provides DHS with the authority to apply expedited removal to aliens who cannot establish that they have maintained a physical presence in the U.S. continuously for the two-year period immediately prior to the date of determination of inadmissibility. The statute also does not limit geographically the application of expedited removal. At this time, DHS has elected to assert and implement only that portion of the authority granted by the statute that bears close temporal and spatial proximity to illegal entries at or near the border. Accordingly, this notice applies only to aliens encountered within 14 days of entry without inspection and within 100 air miles of any U.S. international land border.
It is anticipated under this designation that expedited removal will be employed against those aliens who are apprehended immediately proximate to the land border and have negligible ties or equities in the U.S. Nevertheless, this designation extends to a 100-mile operational range because many aliens will arrive in vehicles that speedily depart the border area, and because other recent arrivals will find their way to near-border locales seeking transportation to other locations within the interior of the U.S. The 100-mile range already has been established by regulation as a reasonable distance from the external boundary of the U.S. for the purpose of preventing the illegal entry of aliens into the U.S. See section 287(a)(3) of the Act; 8 CFR 287.1(a)(2) and (c).
The use of expedited removal orders, which prohibit reentry for a period of 5 years, will deter unlawful entry, and make it possible to pursue future criminal prosecution against those aliens who continue to enter the U.S. in violation of law. It will also accelerate the processing of inadmissible aliens because it generally does not require an appearance before an immigration judge, except in certain circumstances. Deterring future entries and accelerating removals will enhance DHS's ability to oversee the border, and to focus its resources on threats to public safety and to national security. DHS also believes that the use of expedited removal will likely interfere with human trafficking and alien smuggling operations, which are growing in sophistication, and which induce aliens from all over the world to cross the country's borders. Alien smuggling organizations have been responsible for numerous violent crimes, including homicide, hostage- taking, and crimes involving sexual exploitation. DHS expects that the expansion of expedited removal under this notice will ultimately reduce the number of aliens who risk injury or death attempting to enter the U.S. through difficult mountainous and desert terrain, as well as decrease property crimes in border areas.
All aliens placed into expedited removal as a result of this designation will have the same rights to a credible fear screening by an asylum officer, and the right to review of an adverse credible fear determination by an immigration judge, that are provided to arriving aliens who are currently placed into expedited removal after being denied admission at a port of entry. Any alien who falls within this designation, who is placed in expedited removal proceedings, and who indicates an intention to apply for asylum or who asserts a fear of persecution or torture will be interviewed by an asylum officer who will determine whether the alien has a credible fear as defined in section 235(b)(1)(B)(v) of the Act, 8 U.S.C. 1225(b)(1)(B)(v). If that standard is met, the alien will be referred to an immigration judge for a removal proceeding under section 240 of the Act, sections 235(b)(1)(A)(ii) and (B) of the Act, 8 U.S.C. 1225(b)(1)(A)(ii) and (B); 8 CFR 235.3(b)(4). The Forms I-867A and I-867B currently used by officers who process aliens under the expedited removal program provide to all aliens in expedited removal proceedings information concerning the credible fear interview, in accordance with the statutory requirement at section 235(b)(1)(B)(iv) of the Act, 8 U.S.C. 1225(b)(1)(B)(iv). The forms require that the officer inquire whether the alien has any reason to fear harm if returned to his or her country. Officers authorized to administer the expedited removal program will be trained to be alert for any verbal or non-verbal indications that the alien may be afraid to return to his or her homeland.
Similarly, all aliens placed into expedited removal as a result of this designation, who claim lawful permanent resident, refugee, asylee status, or U.S. citizenship will receive the same procedures, including the right to review of any adverse expedited removal order by an immigration judge, that are provided to arriving aliens making similar status claims who are currently placed in expedited removal at ports of entry under 8 CFR 235.3(b). DHS, with limited exceptions, plans to detain aliens who are placed in expedited removal under this designation. Section 235(b)(1)(B)(iii)(IV) of the Act, 8 U.S.C. 1225(b)(1)(B)(iii)(IV), and 8 CFR 235.3(b)(2)(iii) direct that any alien who is placed in expedited removal proceedings shall be detained pending a final determination of credible fear and, if found not to have such a fear, such alien shall be detained until removed. Parole of such alien under 8 CFR 235.3(b)(2)(iii) may be permitted only when the Secretary determines, in the exercise of discretion, that parole is required to meet a medical emergency or is necessary for a legitimate law enforcement objective. Section 235(b)(1)(B)(ii) of the Act, 8 U.S.C. 1225(b)(1)(B)(ii), directs that if a credible fear has been established, the alien shall be detained for further consideration of the protection claim or claims. Under Department of Justice regulations, immigration judge review of custody determinations is permitted only for bond and custody determinations pursuant to section 236 of the Act, 8 U.S.C. 1226, 8 CFR 1236, and 8 CFR 1003.19(a). Aliens subject to expedited removal procedures under section 235 of the Act (including those aliens who are referred after a positive credible fear determination to an immigration judge for proceedings under section 240 of the Act) are not eligible for bond, and therefore are not eligible for a bond redetermination before an immigration judge. Parole of aliens determined to have a credible fear may be considered in accordance with section 212(d)(5) of the Act, 8 U.S.C. 1182(d)(5), and 8 CFR 212.5.
The expedited removal authority implemented in this Notice will not be employed against Cuban citizens because removals to Cuba cannot presently be assured and for other U.S. policy reasons. The Department has determined that good cause exists under the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B) and (d)(3), to exempt this notice from the notice and comment requirements under the APA. Delaying the implementation of this notice to allow public notice and comment would be impracticable, unnecessary and contrary to the public interest.
Congress explicitly authorized the Secretary of Homeland Security to designate categories of aliens to whom expedited removal proceedings may be applied, and made clear that "[s]uch designation shall be in the sole and unreviewable discretion of the Secretary and may be modified at any time.'' Section 235(b)(1)(A)(iii)(1) of the Act, 8 U.S.C. 1225(b)(1)(A)(iii)(I). The large volume of illegal entries, and attempted illegal entries, and the attendant risks to national security presented by these illegal entries, necessitates that DHS expand the expedited removal program as provided in this designation. DHS is confident that the experience gained through implementation of the expedited removal program at ports of entry will enable DHS to expand the program in a manner that is both effective and humane.
There is an urgent need to enhance DHS's ability to improve the safety and security of the nation's land borders, as well as the need to deter foreign nationals from undertaking dangerous border crossings, and thereby prevent the needless deaths and crimes associated with human trafficking and alien smuggling operations. The expansion of expedited removal will increase the deterrence of illegal entries by ensuring that apprehension quickly leads to removal. This is especially critical because of the environmental dangers faced by aliens illegally entering the U.S. across desert or mountainous areas. In the Arizona desert alone, since the initiation of the Arizona Border Control Initiative (ABC) in March of 2004, the Border Patrol has rescued hundreds of aliens in distress and has unfortunately discovered over 40 aliens who have died in the attempt to enter the U.S.
This designation is necessary to remove quickly from the U.S. aliens who are encountered shortly after illegally entering the U.S. across the land borders. The ability to detain aliens while admissibility and identity is determined and protection claims are adjudicated, as well as to quickly remove aliens without protection claims or claims to lawful status, is a necessity for national security and public safety. As a critical element of a number of DHS initiatives to enhance security along the border, the expansion of expedited removal will increase national security, diminish the number of illegal entries, and impair the ability of smuggling organizations to operate. Accordingly, for the foregoing reasons, the Department has determined that public notice and comment prior to promulgation of this notice would be impracticable, unnecessary and contrary to the public interest as those terms are used under the APA.
Although the Department believes for the foregoing reasons that pre-promulgation notice and comment procedures are not statutorily mandated in this case, DHS is interested in receiving comments from the public on all aspects of the expedited removal program, but especially on the effectiveness of the program, problems envisioned by the commenters, and suggestions on how to address those problems. DHS believes that by maintaining a dialogue with interested parties, DHS can ensure that the program is even more effective in combating and deterring illegal entry, while at the same time protecting the rights of the individuals affected.
The expansion of expedited removal under this notice will also support the Arizona Border Control Initiative (ABC), a program designed to secure and protect the Arizona border. Working with other Federal, State, local and tribal entities, DHS has placed significant personnel and technical assets on the border to decrease the deaths of illegal immigrants in the desert; and to lower the rate of violent crime related to illegal border traffic in Southern Arizona. The ABC began operations in March 2004. For the reasons stated above, the ABC's success will rely in part upon the ability of DHS officers to place inadmissible aliens apprehended shortly after illegal entry into expedited removal.
Every year, illegal aliens from many different countries continue to enter the U.S. illegally across the nation's land borders. It is critical for public safety and national security that these aliens are not released into the U.S. without adequate verification of their identities and backgrounds.
Notice of Designation of Aliens Subject to Expedited Removal Proceedings
Pursuant to section 235(b)(1)(A)(iii) of the Immigration and Nationality Act ("Act") and 8 CFR 235.3(b)(1)(ii), I order as follows:
(1) Except as provided in paragraph (5), the Department of Homeland Security, through its component bureaus, may place in expedited removal proceedings any or all members of the following class of aliens: Aliens who are inadmissible under sections 212(a)(6)(C) or (7) of the Act, who are physically present in the U.S. without having been admitted or paroled following inspection by an immigration officer at a designated port-of-entry, who are encountered by an immigration officer within 100 air miles of any U.S. international land border, and who have not established to the satisfaction of an immigration officer that they have been physically present in the U.S. continuously for the 14-day period immediately prior to the date of encounter. Each alien subject to this notice bears the affirmative burden to show to the satisfaction of an immigration officer that the alien has been present in the U.S. continuously for the relevant 14-day period. This notice does not apply to aliens who arrive at U.S. ports-of-entry, as these aliens are already subject to expedited removal. This notice will be given effect only with respect to apprehensions made within the CBP Border Patrol sectors of (Laredo, McAllen, Del Rio, Marfa, El Paso, Tucson, Yuma, El Centro, San Diego, Blaine, Spokane, Havre, Grand Forks, Detroit, Buffalo, Swanton, and Houlton).
(2) Any alien who falls within this designation who indicates an intention to apply for asylum or who asserts a fear of persecution or torture will be interviewed by an asylum officer to determine whether the alien has a credible fear as defined in section 235(b)(1)(B)(v) of the Act, 8 U.S.C. 1225(b)(1)(B)(v). If that standard is met, the alien will be referred to an immigration judge for proceedings under section 240 of the Act, 8 U.S.C. 1229a.
(3) Any alien who is placed in expedited removal proceedings under this designation who claims lawful permanent resident, refugee, asylee status, or U.S. citizenship will be processed in accordance with the procedures provided in 8 CFR 235.3(b) and 8 CFR 1235.3(b).
(4) Any alien who is placed in expedited removal proceedings under this designation will be detained pursuant to section 235(b) of the Act, 8 U.S.C. 1225(b), with certain exceptions, until removed. However, aliens determined to have a credible fear may be considered by DHS for parole in accordance with section 212(d)(5) of the Act and 8 CFR 212.5. Aliens detained pursuant to the expedited removal provisions under section 235 of the Act (including those aliens who are referred after a positive credible fear determination to an immigration judge for proceedings under section 240 of the Act) are not eligible for bond, and therefore are not eligible for a bond
redetermination before an immigration judge. (5) This notice applies to aliens described in paragraph (1) who are encountered within the U.S. beginning August 11, 2004. (6) The expedited removal proceedings contemplated by this notice will not be initiated against Cuban citizens or nationals.
Dated: August 3, 2004. Tom Ridge, Secretary of Homeland Security. [FR Doc. 04-18469 Filed 8-10-04; 8:45 am] BILLING CODE 4820-02-P
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SUMMARY: The Department of Homeland Security (DHS) has established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT), an integrated, automated entry-exit system that records the arrival and departure of aliens; verifies aliens' identities; and authenticates aliens' travel documents through comparison of biometric identifiers. On January 5, 2004, DHS published a Notice in the Federal Register at 69 FR 482 designating 115 airports and 14 sea ports for inclusion in the US-VISIT program. US-VISIT was implemented at 115 airports and 14 sea ports on January 5, 2004 by Notice published in the Federal Register at 69 FR 482. In addition, pilot programs have been established at 15 air or sea ports to collect biometric information from certain aliens upon their departure from the United States.
This Notice identifies six new ports of entry for inclusion in the US-VISIT program at air and sea ports. This Notice also deletes two ports of entry that were inadvertently included in the January 5, 2004 Notice identifying air and sea ports of entry under US-VISIT. Further, this Notice deletes two ports that were included inadvertently in the exit pilot programs announced on August 3, 2004 at 69 FR 46556, replacing those ports with two airports to maintain the full number of fifteen exit pilot programs.
EFFECTIVE DATE: This Notice is effective August 20, 2004.
FOR FURTHER INFORMATION CONTACT: Michael Hardin, US-VISIT, Border and Transportation Security, Department of Homeland Security, 1616 Fort Myer Drive, 18th Floor, Arlington, VA 22209, telephone (202) 298-5200.
SUPPLEMENTARY INFORMATION:
What Is US-VISIT?
Long Beach, California
Miami, Florida
New York City
Port Everglades, Florida
Port Canaveral, Florida
Port Canaveral, Florida (Terminal 10)
San Juan, Puerto Rico
San Pedro, California
Seattle, Washington (Cruise Terminal)
Seattle, Washington
Tampa, Florida (Terminal 3)
Tampa, Florida (Terminal 7)
Vancouver, Canada (Ballantyne Pier)
Vancouver, Canada (Canada Place)
Victoria, Canada (Pre Inspection)
West Palm Beach, Florida.
Baltimore, MD (Baltimore/Washington International Airport)
Newark, New Jersey (Newark International Airport)
Atlanta, Georgia (William B. Hartsfield International Airport)
Chicago, Illinois (O'Hare International Airport)
Philadelphia, Pennsylvania (Philadelphia International Airport)
Dallas/Fort Worth, Texas (Dallas/Fort Worth International Airport)
Detroit, Michigan (Detroit Metropolitan Wayne County Airport)
San Juan, Puerto Rico (Luis Mu[ntilde]oz Marin International Airport)
Phoenix, Arizona (Phoenix Sky Harbor International Airport)
San Francisco, California (San Francisco International Airport)
Seattle, Washington (Seattle/Tacoma International Airport)
Ft. Lauderdale, Florida (Ft. Lauderdale/Hollywood International
Airport)
Denver, Colorado (Denver International Airport).
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On October 1, 2004, USCIS will terminate its contract with Designated Law Enforcement Agencies (DLEAs), where some immigrants in rural locations have gone for fingerprint services. The DLEA contract is ending as USCIS strives to meet new biometric standards, including the ability to take and store electronic fingerprints, photographs and signatures. The new biometric standards will enhance the security and integrity of fingerprint data and improve customer service by allowing data to be stored and reused, thereby minimizing customer returns for additional fingerprints. The DLEAs cannot meet these new biometric standards, and beginning October 1, 2004, USCIS will direct customers to the nearest Application Support Center (ASC) for fingerprinting services.
Application Support Centers, U.S. consular posts, and military installations abroad will continue to be recognized as authorized fingerprint sites. In 1997, the Immigration and Naturalization Service (INS) established 130 ASCs nationwide where applicants for immigration benefits can have fingerprints and photographs taken. ASCs were located strategically to serve as many customers as possible with no more than a 100-mile drive from their homes. However, customer populations in more remote locations were too small to justify opening an ASC. In those cases, INS partnered with local law enforcement agencies and established 52 contracts with designated agencies to take fingerprints and photographs for customers. The DLEAs process about 25,000 sets of fingerprints per year. In contrast, the ASCs process about 1.8 million sets of fingerprints per year.
For more information on fingerprinting requirements for immigration benefits, visit http://uscis.gov/graphics/formsfee/finger/index.htm.
For a list of Application Support Centers, contact information, directions, and hours of operation, visit http://uscis.gov/graphics/fieldoffices/ascs/asc.htm
-USCIS-
On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland ecurity. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing our nation's security.
29.01.10
WASHINGTON – The Department of Homeland Security (DHS) today announced the re-designation of Temporary Protected Status for nationals of Liberia until October 1, 2005. Under this re-designation, nationals of Liberia (or aliens having no nationality who last habitually resided in Liberia) may be eligible to live and work in the United States for an additional year. Some individuals may be eligible for TPS for the first time; however, applicants must continue to demonstrate continuous residence in the United States since October 1, 2002. There are approximately 3,792 nationals of Liberia (or aliens having no nationality who last habitually resided in Liberia) who are eligible for registration.
The re-designation of Liberia for TPS is effective October 1, 2004, and will remain in effect until October 1, 2005. Nationals of Liberia who have been granted TPS under the designation ending October 1, 2004, and first time applicants must register for the 12-month designation during the 180-day registration period, which begins on August 25, 2004 and will remain in effect until February 21, 2005. Section 244 of the Immigration and Nationality Act authorizes the Secretary of Homeland Security to grant TPS to aliens in the United States who are nationals of countries that are subject to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. On October 1, 2002, the Attorney General (who retained authority over TPS designations prior to the creation of the DHS on March 1, 2003) designated TPS for Liberia based on an ongoing-armed conflict.
Since that time, the U.S. Government has continuously examined conditions in Liberia and recently determined that, because the armed conflict has concluded, the conditions that prompted TPS designation no longer exist. Accordingly, the Secretary of DHS is terminating the designation of Liberia for TPS under 8 U.S. C. 1254a(b)(3)(B). However, the Secretary of DHS finds that there are extraordinary and temporary conditions in Liberia resulting from the damage caused by the civil war that prevent the safe return of certain nationals of Liberia (or aliens having no nationality who last habitually resided in Liberia) who are otherwise eligible for TPS. The protracted civil war in Liberia has damaged Liberia’s infrastructure. Eighty percent of the pre-war housing stock has been damaged. Less than ten percent of the arable land is under cultivation. Food security, shelter, water, sanitation, and healthcare remain practically non-existent. Therefore, the redesignation of Liberia for TPS is warranted under 8 U.S. C. 1254a(b)(1)(C).
To register for TPS, an applicant must submit Form I-821 (Application for Temporary Protected Status) with the $50 filing fee, Form I-765 (Application for Employment Authorization), and two identification photographs (full face frontal, 2”x2) to the local USCIS district office. Both forms must be submitted for registration. All applicants between the ages of 14 and 65 (inclusive) seeking employment authorization until October 1, 2005 must submit a $175 filing fee with Form I-765. Additionally, all applicants who are over the age of 14 must submit a $70 fee for fingerprints. Applicants may request a fee waiver in accordance with the regulations. Failure to submit the required photographs and filing fees will result in the rejection of the registration application. Applicants are reminded to send the exact amount.
Interim Employment Authorization Documents (EADs) will not be issued to an applicant unless the Form I-765 (Application for Employment Authorization) has been pending with USCIS more than 90 days after all requested initial evidence has been received by USCIS, including collection of the applicant’s fingerprints at an Application Support Center (ASC). Therefore, applicants are encouraged to appear at an ASC for fingerprints as soon as possible after submission of the TPS registration package to a USCIS district office.
More information can be obtained from the USCIS National Customer Service Center toll-free number: 1-800-375-5283. TPS forms are available from the toll-free USCIS Forms line, 1-800-870-3676, or from the USCIS Web site: www.uscis.gov.
29.01.10
Border and Transportation Security; Notice to Aliens Included in the United States Visitor and Immigrant Status Indicator Technology System (US-VISIT) AGENCY: Border and Transportation Security Directorate, DHS.
ACTION: Notice; technical correction.
SUMMARY: On August 20, 2004, the Department of Homeland Security (DHS) published a Notice in the Federal Register at 69 FR 51695 adding certain ports to, and deleting certain ports from, inclusion in the US-VISIT program. In this Notice, the Jacksonville sea port in Jacksonville, Florida was inadvertently deleted. This technical correction amends the list of ports that was published on August 20, 2004 to include the Jacksonville sea port.
EFFECTIVE DATE: This Notice is effective August 26, 2004.
FOR FURTHER INFORMATION CONTACT: Michael Hardin, Program Analyst, US-VISIT, Border and Transportation Security, Department of Homeland Security, 425 I Street, NW., Washington, DC 20536, telephone (202) 298-5200.
SUPPLEMENTARY INFORMATION: On January 5, 2004, DHS published a Notice in the Federal Register at 69 FR 482 designating 115 airports and 14 sea ports for inclusion in the US-VISIT program. One of these 14 sea ports was the Jacksonville sea port in Jacksonville, Florida. On August 20, 2004, DHS published a Notice in the Federal Register at 69 FR 51695 adding certain ports to, and deleting certain ports from, inclusion in the US-VISIT program. In this Notice, the Jacksonville sea port in Jacksonville, Florida was inadvertently deleted.
What Does This Notice Do?
This Notice amends the Notice published on August 20, 2004 to include the Jacksonville sea port on the list of ports of entry designated to collect biometric data from certain aliens upon arrival in the United States. No other action is taken in this Notice.
Notice of Requirements for Biometric Collection From Aliens.
DHS hereby designates the following ports of entry for inclusion in US-VISIT for the collection of information at the time of alien arrival pursuant to 8 CFR 235.1(d)(1):
Sea ports: Jacksonville, Florida.
Dated: August 23, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-19553 Filed 8-25-04; 8:45 am]
BILLING CODE 4410-10-P
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United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT''); Authority to Collect Biometric Data From Additional Travelers and Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry
AGENCY: Border and Transportation Security Directorate, DHS.
SUMMARY: The Department of Homeland Security (DHS) has established the United States Visitor and Immigrant Status Technology Program (US-VISIT), an integrated, automated entry-exit system that records the arrival and departure of aliens; verifies aliens' identities; and authenticates aliens' travel documents through comparison of biometric identifiers. On January 5, 2004, DHS implemented the first phase of US-VISIT by publishing an interim rule in the Federal Register at 69 FR 468. The January 5, 2004 interim rule authorized DHS to require aliens seeking to be admitted to the United States pursuant to nonimmigrant visas to provide fingerprints, photographs, or other biometric identifiers upon arrival in, or departure from, the United States at air and sea ports of entry. This interim rule expands the US-VISIT program to the 50 most highly trafficked land border ports of entry in the United States. These 50 land borders will be integrated into the US-VISIT program following identification in Notices published in the Federal Register, with all 50 ports of entry to be identified no later than December 31, 2004.
This interim rule also further defines the population of aliens who are required to provide biometric identifiers and other identifying information under the US-VISIT program. First, DHS may require biometric data collection from nonimmigrant aliens who are visa exempt under the Visa Waiver Program (VWP). While this interim rule provides that DHS has the authority to require Mexican nationals who present a Border Crossing Card to provide biometric data upon arrival in, or departure from, the United States, the Secretaries of DHS and the Department of State (DOS) have jointly determined that BCC travelers who are not required to be issued a Form I-94 Arrival/Departure Record at the time of admission are exempt from the US-VISIT biometric data collection requirements. Second, certain officials of the Taipei Economic and Cultural Representative Office are exempt from the US-VISIT biometric data collection requirements. Third, crewmembers applying for landing privileges may be required to provide biometric data under US-VISIT.
This interim rule also makes technical changes to US-VISIT as a result of comments received by DHS on the January 5, 2004 interim rule. Finally, DHS solicits public comment on all aspects of the operation of US-VISIT to date, as well as the expansion of US-VISIT pursuant to this interim rule.
DATES: Effective date: This interim rule is effective September 30, 2004.
Comment date: Written comments must be submitted on or before November 1, 2004.
ADDRESSES: Because DHS does not yet have electronic docketing capability, for the purposes of this rule, we are using the Environmental Protection Agency (EPA) Docket Management System for US-VISIT. You may submit comments identified by RIN 1615-AA00 to the Docket Management Facility at the EPA. To avoid duplication, please use only one of the following methods:
(1) Web site: http://www.epa.gov/edocket. Follow the instructions for submitting comments at that web site.
(2) Mail: Written comments may be submitted to Michael Hardin, Senior Policy Advisor, US-VISIT, Border and Transportation Security; Department of Homeland Security; 1616 North Fort Myer Drive, 18th Floor, Arlington, VA 22209.
(5) Federal eRulemaking portal: http://www.regulations.gov. Follow the instructions for submitting comments.
Submitted comments may be inspected at 1616 North Ft. Myer Drive, Arlington, VA 22209, between 9 a.m. and 5 p.m., Monday through Friday except Federal holidays. Arrangements to inspect submitted comments should be made in advance by calling (202) 298-5200. You may also find this docket on the Internet at http://www.epa.gov/edocket You may also access the Federal eRulemaking Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION, CONTACT: Michael Hardin, Senior Policy Advisor, US-VISIT, Border and Transportation Security, Department of Homeland Security, 1616 Fort Myer Drive, 18th Floor, Arlington, Virginia 22209, (202) 298-5200.
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Hundreds of Activities Planned, Millions Reached During National Preparedness Month
For Immediate Release
Office of the Press Secretary
Contact:
September 1, 2004
Fact Sheet: National Preparedness Month
Throughout the month of September, hundreds of activities are planned across the country to highlight the importance of individual emergency preparedness. The National Preparedness Month coalition, which includes the U.S. Department of Homeland Security, more than 80 organizations and all 56 states and territories, will encourage Americans to take simple steps to prepare themselves and their families for any possible emergencies.
“National Preparedness Month will give everyone an opportunity to work toward a better prepared America,” said Homeland Security Secretary Tom Ridge. “This broad coalition and vast number of activities and events will allow us to reach millions of individuals and inform them about ways they can prepare for emergencies in their homes, businesses and schools.”
State and territorial activities range from preparedness booths at the state capitol or state fairs; to proclamations, press conferences or town hall meetings on preparedness issues; to statewide public service announcements and emergency trainings. The more than 80 National Preparedness Month partner organizations will help reach millions of Americans by communicating the simple ways that individuals can prepare for emergencies. Partner activities include:
| • | The American Red Cross will organize Together We Prepare Saturday, September 18 with its chapters nationwide. Chapters are encouraged to sponsor events in their communities such as first aid trainings and preparedness fairs. The organization’s website, RedCross.org will also launch an online store in September with new pre-packaged products to compliment the wide range of preparedness resources. |
| • | The America Prepared Campaign has galvanized the private sector in support of National Preparedness Month by providing preparedness information and tools at some of the nation’s largest retailers, including Home Depot, Starbucks, Wal-Mart, Costco and Sam’s Club. The campaign has also developed public service announcements, which seek to raise awareness about the importance of preparedness and will distribute these starting in September through broadcast, print and outdoor vehicles. In addition, the organization has sponsored two contests to encourage individuals to get prepared, a short film contest judged by Miramax Co-chairman Harvey Weinstein and a cash-prize contest for the school that gets the most families prepared. |
| • | The U.S. Chamber of Commerce, the world's largest business federation, is participating in National Preparedness Month to help get the business community prepared. The Chamber will distribute emergency preparedness information to its employees nationwide and encourage its members, which include businesses, state and local chambers of commerce, and trade and professional associations, to do the same. In addition, the organization will join with Homeland Security to launch Ready for Business, and encourage all businesses to take practical steps to prepare for any possible emergency. |
| • | The National Association of Broadcasters has partnered with the Department of Homeland Security to create Are You Ready?, a step-by-step emergency preparedness guidebook for local broadcasters. The guide provides detailed instructions about how broadcasters can prepare their stations for emergencies and get involved in promoting preparedness in their communities. The NAB will make this valuable resource available to all television and radio broadcast stations during September. Additionally, NAB will promote and distribute emergency preparedness public service advertisements as well as develop and host a Ready section on their website. |
| • | The Public Discourse Project (formerly the 9/11 Commission) will continue to make emergency preparedness a priority. Particularly, its members will work to educate the private sector that preparedness for rescue, restart, and recovery of operations should include a plan for evacuation, adequate communications capabilities, and a plan for continuity of operations, as outlined in the Commission's report. |
| • | The Department of Homeland Security’s National Preparedness Month activities will include initiatives related to the Ready campaign as well as events hosted by Citizen Corps. In September, DHS will build on its Ready campaign, a national public education effort launched in 2003 in partnership with the Ad Council designed to educate and empower individuals to prepare for emergencies by getting a kit, making a family communications plan and being informed about potential threats. Ready for Business will be launched to educate small and medium-sized businesses about safeguarding their employees and assets while preparing for business continuity in the event of a disaster. In addition, Citizen Corps, the Department’s community-based organization that encourages Americans to volunteer to make their communities safer and better prepared for emergencies, will organize events through its 1,400 state and local Councils across the country. |
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