TPS For Sierra Leone To Terminate May 3, 2004

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

TPS FOR SIERRA LEONE TO TERMINATE MAY 3, 2004
Immigrants' Rights Update, Vol. 17, No. 6, October 2003

The designation of Sierra Leone as a country whose nationals (and persons of no nationality who last habitually resided there) may be eligible for temporary protected status (TPS) in the United States will expire on Nov. 2, 2003, and the secretary of Homeland Security has determined that conditions in Sierra Leone have improved to the point that nationals of the country no longer need TPS. The secretary is therefore terminating Sierra Leone's TPS designation, effective May 3, 2004. Persons with TPS granted under the program for Sierra Leone will automatically retain their TPS status and employment authorization until May 3 of next year, whereupon their immigration status will revert to what it was prior to their being granted TPS, unless they have acquired another status in the interim. The six-month grace period (between Nov. 2 and May 3) is being granted to provide for "an orderly transition," according to the Federal Register notice announcing the termination.

The automatic extension of employment authorization applies to anyone who received an employment authorization document (EAD) under the TPS program for Sierra Leone. These EADs were issued on either Form I-766 (Employment Authorization Document) or Form I-688B (Employment Authorization Card), and they bear an expiration date of Nov. 2, 2003. On its face, the I-766 will contain, under "Category," the notation "A-12" or "C-19"; or the I-688B will contain, under "Provision of Law," the notation "274A.12(A)(12)" or "274A.12(C)(19)."

Despite the expiration date these EADs bear, employers are required to accept them as proof of employment eligibility until May 3, 2004. The Federal Register notice suggests that workers who opt to use the EADs as proof of work authorization when completing the I-9 employment eligibility verification process should "also present to their employer a copy of this Federal Register notice regarding the automatic extension." Under the antidiscrimination provision of the law that requires employers to verify their employees' eligibility to work in the U.S., employers should accept any of the EAD variations described in the previous paragraph without requesting further documentary proof of the bearer's work authorization. For example, they should not request proof that the bearer is a citizen of Sierra Leone. Employers with questions regarding the automatic extension of work authorization may call the U.S. Dept. of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) employer hotline at 1-800-255-8155 or 1-800-362-2735 (TDD). Employees or job applicants may call the OSC employee hotline at 1-800-255-7688 or 1-800-237-2515 (TDD) for information regarding the automatic extension.

According to the Federal Register notice, Sierra Leoneans with TPS "are urged to use the time before [May 3] to apply for any other immigration benefits they are eligible for or, in the alternative, prepare for and arrange their return to Sierra Leone." The notice notes that individuals who believe that it would be unsafe for them to return to Sierra Leone might consider applying for asylum, withholding of removal, or protection under article 3 of the Convention Against Torture. 68 Fed. Reg. 52407-10 (Sept. 3, 2003).