[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30088]
[[Page Unknown]]
[Federal Register: December 6, 1994]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1615E-94]
RIN 1115-AC30
Expiration of Deferred Enforced Departure for Nationals of El
Salvador
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice of the expiration of deferred enforced departure (DED)
for nationals of EL Salvador.
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SUMMARY: The Immigration and Naturalization Service (``the Service'' or
``INS'') will allow the expiration on December 31, 1994, of the
deferred enforced departure (DED) previously granted to certain
nationals of El Salvador. After consultation with appropriate agencies
of the Government and consideration of the totality of the impact of
the expiration of DED for Salvadorans, it has been concluded that the
political and human rights situation inside El Salvador has improved
significantly and can no longer serve as a basis for the continuation
of DED.
EFFECTIVE DATE: December 31, 1994.
FOR FURTHER INFORMATION CONTACT: Ronald Chirlin, Senior Immigration
Examiner, Immigration and Naturalization Service, Examinations
Division, 425 I Street, NW, Room 3214, Washington, DC 20536, Telephone
(202) 514-5014.
SUPPLEMENTARY INFORMATION:
Background
Section 303 of the Immigration Act of 1990, Public Law 101-649,
dated November 29, 1990, designated El Salvador for Temporary Protected
Status (TPS) for a period of eighteen (18) months beginning January 1,
1991, and ending June 30, 1992. Eligible nationals of El Salvador who
registered under this special TPS program were required to register by
October 31, 1991, and to reregister as required in order to extend TPS
benefits.
Temporary Protected Status ended on June 30, 1992. However, on June
26, 1992, the Commissioner of the Immigration and Naturalization
Service announced in the Federal Register at 57 FR 28700 that the
deportation of eligible nationals of El Salvador who had registered for
TPS would not be enforced before June 30, 1993. On June 8, 1993, the
Service announced in the Federal Register at 58 FR 32157 a further
extension until December 31, 1994, of deferred enforced departure (DED)
for eligible Salvadorans. The two announcements were made at the
direction of former President Bush and President Clinton respectively.
Both these grants of DED were based on the serious negative effects
that a large repatriation would have had on the then evolving situation
in El Salvador.
After consultation with appropriate agencies of the Government and
consideration of the totality of the impact of the expiration of DED
for Salvadorans, it has been concluded that the political and human
rights situation inside El Salvador has improved significantly and can
no longer serve as a basis for the continuation of DED.
Automatic Extension of Employment Authorization
In order to ensure an opportunity for Salvadoran beneficiaries of
DED to apply for an employment authorization document (EAD), the
Service is granting an automatic extension until September 30, 1995, of
the validity of any EAD which expires on December 31, 1994, and was
previously issued to a DED Salvadoran pursuant to 8 CFR 274a.12(a)(11).
Affected Salvadorans should apply for their new EADs at least 3 months
before the expiration of the automatic extension (that is, no later
than June 30, 1995) in order to ensure continuous employment
authorization.
Employers of DED Salvadorans
Employers of DED Salvadorans whose employment authorization is
automatically extended may not refuse to accept, for purposes of
verifying or reverifying employment eligibility until September 30,
1995, an employment authorization document (EAD), Form I-688B, bearing
an expiration date of December 31, 1994, (or extension sticker punched
for December 1994) and containing a notation ``274a.12(a)(11)'' or
``274a.12(a)(12)'' on the face of the document under ``Provision of
Law.'' Employers are reminded that this action does not affect the
right of a worker to present any other legally acceptable document as
proof of work authorization.
Impact of Decision
The Service believes that the decision to end DED will have a
delayed and gradual impact on members of the Salvadoran community in
the United States who currently hold DED status. Under the settlement
agreement reached in American Baptist Churches v. Thornburgh, 760 F.
Supp. 796 (N.D. Cal. 1991) (``ABC'') affected Salvadorans will be able
to maintain legal employment authorization pending a review of their
asylum applications. Those ABC class members who have not filed asylum
applications will have an opportunity to do so. In addition to the
rights afforded under the ABC agreement, many Salvadorans have adjusted
and will continue to adjust status to lawful permanent residence on the
basis of family relationships and other grounds.
All Salvadorans who initially registered for TPS, regardless of
whether they later registered for DED, are ABC class members. As ABC
class members, they are entitled to certain rights under the agreement.
On or about March 31, 1995, the Service will send class members a
notice advising that they must submit an initial asylum application
(Form I-589) with the INS appropriate service center within 90 days, if
they have not filed an asylum application previously. A previously
filed asylum application may be supplemented. Class members also have
the option of filing a new asylum application even if they had
previously filed for asylum. Class members may supplement a previously
filed or newly filed asylum application until the date of the decision
by the asylum officer.
Obtaining Further Employment Authorization
With Salvadoran DED ending, ABC class members may obtain further
employment authorization based on a ``pending'' asylum application.
Special procedures apply to class members who seek work authorization
under the agreement. Class members seeking employment authorization
must identify themselves as ABC class members. They must have an asylum
application on file or must file a completed asylum application (Form
I-589) with Form I-765, Application for Employment Authorization.
Eligible class members who apply for employment authorization under
this agreement are not subject to the ``non-frivolous'' standard
required under 8 CFR 208.7(a). Form I-765, with or without an asylum
application as appropriate, must be filed directly with the service
center having jurisdiction over the applicant's place of residence for
asylum-related applications. However, if the original asylum
application was filed with an immigration judge in exclusion or
deportation proceedings, applications for employment authorization and
asylum should be filed at the appropriate local INS office until
directed otherwise.
Class members generally must pay the employment authorization
application fee, currently seventy dollars ($70). However, when an
initial application for employment authorization is filed based on an
asylum application which is found to satisfy the non-frivolous test,
such an initial employment authorization application can be filed and
approved without payment of the filing fee under the general asylum
regulations now in effect. Also, eligible class members who can
demonstrate that they fall within the poverty guidelines at 45 CFR
1060.2 will not be required to pay the fee.
In summary, new asylum applications are required only from those
who have never filed for asylum before. All other class members may
choose to rely on any asylum application filed previously. Class
members may supplement a previously filed or newly filed asylum
officer. Applicants who must have continuous documentation of
employment authorization should apply as early as possible with the
appropriate service center or local office. It is not necessary to wait
until the planned ABC notices are sent or until the class member's
individual ABC notice is received. Such an application for employment
authorization must be based on an asylum application.
Dated: November 29, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Services.
[FR Doc. 94-30088 Filed 12-2-94; 1:17 pm]
BILLING CODE 4410-10-M