Notice2022-16508
Extension and Redesignation of Syria for Temporary Protected Status
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 1, 2022
Effective
October 1, 2022
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Syria for Temporary Protected Status (TPS) for 18 months, effective October 1, 2022, through March 31, 2024. This extension allows existing TPS beneficiaries to retain TPS through March 31, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 31, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Syria for TPS. The redesignation of Syria allows additional Syrian nationals (and individuals having no nationality who last habitually resided in Syria) who have been continuously residing in the United States since July 28, 2022 to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since July 28, 2022 and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since October 1, 2022, the effective date of this redesignation of Syria for TPS.
Full Text
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<title>Federal Register, Volume 87 Issue 146 (Monday, August 1, 2022)</title>
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[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46982-46991]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16508]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2681-21; DHS Docket No. USCIS-2013-0001]
RIN 1615-ZB72
Extension and Redesignation of Syria for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) extension and
redesignation.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Syria for Temporary Protected Status (TPS)
for 18 months, effective October 1, 2022, through March 31, 2024. This
extension allows existing TPS beneficiaries to retain TPS through March
31, 2024, so long as they otherwise continue to meet the eligibility
requirements for TPS. Existing TPS beneficiaries who wish to extend
their status through March 31, 2024, must re-register during the 60-day
re-registration period described in this notice. The Secretary is also
redesignating Syria for TPS. The redesignation of Syria allows
additional Syrian nationals (and individuals having no nationality who
last habitually resided in Syria) who have been continuously residing
in the United States since July 28, 2022 to apply for TPS for the first
time during the initial registration period described under the
redesignation information in this notice. In addition to demonstrating
continuous residence in the United States since July 28, 2022 and
meeting other eligibility criteria, initial applicants for TPS under
this designation must demonstrate that they have been continuously
physically present in the United States since October 1, 2022, the
effective date of this redesignation of Syria for TPS.
DATES:
Extension of Designation of Syria for TPS: The 18-month extension
of Syria's designation for TPS is effective on October 1, 2022, and
will remain in effect for 18 months, through March 31, 2024. The
extension impacts existing beneficiaries of TPS.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from August 1, 2022through September 30, 2022.
(Note: It is important for re-registrants to timely re-register during
the registration period and not to wait until their Employment
Authorization Documents (EADs) expire, as delaying reregistration could
result in gaps in their employment authorization documentation.)
Redesignation of Syria for TPS: The 18-month redesignation of Syria
for TPS is effective on October 1, 2022, and will remain in effect for
18 months, through March 31, 2024. The redesignation impacts potential
first-time applicants and others who do not currently have TPS.
First-time Registration: The initial registration period for new
applicants under the Syria TPS redesignation begins on August 1, 2022
and will remain in effect through March 31, 2024.
FOR FURTHER INFORMATION CONTACT: You may contact Ren[aacute] Cutlip-
Mason, 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 800-375-5283.
For further information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at <a href="http://uscis.gov/tps">uscis.gov/tps</a>. You can find specific
information about Syria's TPS designation by selecting ``Syria'' from
the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit <a href="http://uscis.gov/tools">uscis.gov/tools</a>. 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 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their individual
cases may check Case Status Online, available on the USCIS website at
<a href="http://uscis.gov">uscis.gov</a>, or visit the USCIS Contact Center at <a href="http://uscis.gov/contactcenter">uscis.gov/contactcenter</a>.
Further information will also be available at local USCIS offices
upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.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
nationals of Syria (or individuals having no nationality who last
habitually resided in Syria) to (1) re-register for TPS and
[[Page 46983]]
to apply for renewal of their EADs with USCIS or (2) submit an initial
registration application under the redesignation and apply for an EAD.
Re-registration is limited to individuals who have previously
registered for TPS under a prior designation of Syria and whose
applications have been granted. Failure to re-register properly may
result in the withdrawal of your TPS following appropriate procedures.
See 8 CFR 244.14.
For individuals who have already been granted TPS under Syria's
designation, the 60-day re-registration period runs from August 1, 2022
through September 30, 2022. USCIS will issue new EADs with a March 31,
2024 expiration date to eligible Syrian TPS beneficiaries who timely
re-register and apply for EADs. Given the time frames involved with
processing TPS re-registration applications, DHS recognizes that not
all re-registrants may receive new EADs before their current EADs
expire. Accordingly, through this Federal Register notice, DHS
automatically extends the validity of certain EADs previously issued
under the TPS designation of Syria through September 30, 2023.
Therefore, as proof of continued employment authorization through
September 30, 2023, TPS beneficiaries can show their EADs that have the
notation A-12 or C-19 under Category and a ``Card Expires'' date of
September 30, 2022, March 31, 2021, September 30, 2019, or March 31,
2018. This notice explains how TPS beneficiaries and their employers
may determine which EADs are automatically extended and how this
affects the Form I-9, Employment Eligibility Verification, E-Verify,
and USCIS Systematic Alien Verification for Entitlements (SAVE)
processes.
Individuals who have a Syria TPS application (Form I-821) and/or
Application for Employment Authorization (Form I-765) that was still
pending as of August 1, 2022 do not need to file either application
again. If USCIS approves an individual's Form I-821, USCIS will grant
the individual TPS through March 31, 2024. Similarly, if USCIS approves
a pending TPS-related Form I-765, USCIS will issue the individual a new
EAD that will be valid through the same date. There are currently
approximately 6,448 beneficiaries under Syria's TPS designation.
Under the redesignation, individuals who currently do not have TPS
may submit an initial application during the initial registration
period that runs from August 1, 2022 and runs through the full length
of the redesignation period ending March 31, 2024.\1\ In addition to
demonstrating continuous residence in the United States since July 28,
2022 and meeting other eligibility criteria, initial applicants for TPS
under this redesignation must demonstrate that they have been
continuously physically present in the United States since October 1,
2022,\2\ the effective date of this redesignation of Syria, before
USCIS may grant them TPS. DHS estimates that approximately 960
individuals may become newly eligible for TPS under the redesignation
of Syria.
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\1\ 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. 1254a(c)(1)(A)(iv). In keeping
with the humanitarian purpose of TPS and advancing the goal of
ensuring ``the Federal Government eliminates . . . barriers that
prevent immigrants from accessing government services available to
them'' under Executive Order 14012, Restoring Faith in Our Legal
Immigration Systems and Strengthening Integration and Inclusion
Efforts for New Americans, 86 FR 8277 (Feb. 5, 2021), the Secretary
has recently exercised his discretion to provide for TPS initial
registration periods that coincide with the full period of a TPS
country's initial designation or redesignation. See, e.g.,
Designation of Haiti for Temporary Protected Status, 86 FR 41863
(Aug. 3, 2021) (providing 18-mos. registration period under new TPS
designation of Haiti); Extension of Initial Registration Periods for
New Temporary Protected Status Applicants Under the Designations for
Venezuela, Syria and Burma; Correction to the Notice on the
Designation of Venezuela for Temporary Protected Status and
Implementation of Employment Authorization for Venezuelans Covered
by Deferred Enforced Departure, 86 FR 41986 (Aug. 4, 2021)
(extending initial registration periods from 180 days to 18 months
for the three applicable countries)). For the same reasons, the
Secretary is similarly exercising his discretion to provide
applicants under this TPS designation of Syria with an 18-month
initial registration period.
\2\ The ``continuous physical presence date'' (CPP) is the
effective date of the most recent TPS designation of the country,
which is either the publication date of the designation announcement
in the Federal Register or such later date as the Secretary may
establish. The ``continuous residence date'' (CR) is any date
established by the Secretary when a country is designated (or
sometimes redesignated) for TPS. See INA Sec. 244(b)(2)(A)
(effective date of designation); 244(c)(1)(A)(i-ii) (discussing CR
and CPP date requirements).
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What is Temporary Protected Status (TPS)?
<bullet> TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state, regardless of their country of birth.
<bullet> During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to work so long as they continue to meet the requirements of
TPS. They may apply for and receive EADs as evidence of employment
authorization.
<bullet> TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion.
<bullet> To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
<bullet> When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
When was Syria designated for TPS?
Syria was initially designated on the basis of extraordinary and
temporary conditions that prevented nationals of Syria from returning
in safety. See Designation of Syrian Arab Republic for Temporary
Protected Status, 77 FR 19026 (Mar. 29, 2012). Following the initial
designation, TPS for Syria was extended and newly designated three
times: (1) from October 1, 2013, to March 31, 2015, based on ongoing
armed conflict and extraordinary and temporary conditions; \3\ (2) from
April 1, 2015, to September 30, 2016, based on ongoing armed conflict
and extraordinary and temporary conditions; \4\ and (3) from October 1,
2016, to March 31, 2018, based on ongoing armed conflict and
extraordinary and temporary conditions.\5\ Thereafter, TPS for Syria
was extended from April 1, 2018, to September 30, 2019, based on
ongoing armed conflict and extraordinary and temporary conditions \6\
and October 1, 2019, to March 31, 2021, based on ongoing armed conflict
and extraordinary and temporary conditions.\7\ Most recently, TPS for
Syria was extended and redesignated
[[Page 46984]]
from March 31, 2021, to September 30, 2022, based on ongoing armed
conflict and extraordinary and temporary conditions.\8\
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\3\ See Extension and Redesignation of Syria for Temporary
Protected Status, 78 FR 36223 (June 16, 2013).
\4\ See Extension and Redesignation of the Syrian Arab Republic
for Temporary Protected Status, 80 FR 245, (Jan. 4, 2015).
\5\ See Extension and Redesignation of Syria for Temporary
Protected Status, 81 FR 50533, (Jul. 31, 2016)
\6\ See Extension of the Designation of Syria for Temporary
Protected Status, 83 FR 9329, (Mar. 4, 2018).
\7\ See Extension of the Designation of Syria for Temporary
Protected Status, 84 FR 49751, (Sep. 22, 2019)
\8\ See Extension and Redesignation of Syria for Temporary
Protected Status, 86 FR 14946, (Mar. 18, 2021).
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What authority does the Secretary have to extend the designation of
Syria for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\9\ The
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, termination, or
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C.
1254a(b)(5)(A).\10\ The Secretary, in his or her discretion, may then
grant TPS to eligible nationals of that foreign state (or individuals
having no nationality who last habitually resided in the designated
foreign state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\9\ INA Sec. 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135. The Secretary may
designate a country (or part of a country) for TPS on the basis of
ongoing armed conflict such that returning would pose a serious
threat to the personal safety of the country's nationals and
habitual residents, environmental disaster (including an epidemic),
or extraordinary and temporary conditions in the country that
prevent the safe return of the country's nationals. For
environmental disaster-based designations, certain other statutory
requirements must be met, including that the foreign government must
request TPS. A designation based on extraordinary and temporary
conditions cannot be made if the Secretary finds that allowing the
country's nationals to remain temporarily in the United States is
contrary to the U.S. national interest. Id., at Sec. 244(b)(1).
\10\ This issue of judicial review is the subject of litigation.
See, e.g., Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition for
en banc rehearing filed Nov. 30, 2020 (No. 18-16981); Saget v.
Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019).
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At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
the foreign state continues to meet the conditions for TPS designation,
the designation will be extended for an additional period of 6 months
or, in the Secretary's discretion, 12 or 18 months. See INA section
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate Syria for TPS?
In addition to extending an existing TPS designation, the
Secretary, after consultation with appropriate Government agencies, may
redesignate a country (or part thereof) for TPS. See section 244(b)(1)
of the Act, 8 U.S.C. 1254a(b)(1); see also section 244(c)(1)(A)(i) of
the Act, 8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has
been continuously physically present since the effective date of the
most recent designation of the state'').
When the Secretary designates or redesignates a country for TPS,
the Secretary also has the discretion to establish the date from which
TPS applicants must demonstrate that they have been ``continuously
resid[ing]'' in the United States. See section 244(c)(1)(A)(ii) of the
Act, 8 U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the
``continuous residence'' date for applicants for TPS under the
redesignation of Syria will be July 28, 2022. Initial applicants for
TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since October
1, 2022, which is the effective date of the Secretary's redesignation,
of Syria. See section 244(c)(1)(A)(i) of the Act, 8 U.S.C.
1254a(c)(1)(A)(i). For each initial TPS application filed under the
redesignation, the final determination of whether the applicant has met
the ``continuous physical presence'' requirement cannot be made until
October 1, 2022, the effective date of this redesignation for Syria.
USCIS, however, will issue employment authorization documentation, as
appropriate, during the registration period in accordance with 8 CFR
244.5(b).
Why is the Secretary extending the TPS designation for Syria and
simultaneously redesignating Syria for TPS through March 31, 2024?
DHS has reviewed country conditions in Syria. Based on the review,
including input received from the Department of State (DOS) and other
U.S. Government agencies, the Secretary has determined that an 18-month
TPS extension is warranted because the ongoing armed conflict and
extraordinary and temporary conditions supporting Syria's TPS
designation remain. The Secretary has further determined that the
conditions support redesignating Syria for TPS under section
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) of the Act and is changing the
``continuous residence'' and ``continuous physical presence'' dates
that applicants must meet to be eligible for TPS.
Overview
DHS has conducted a thorough review of country conditions in Syria.
The ongoing civil war has resulted in large-scale destruction of
infrastructure, mass displacement of civilians, high levels of food
insecurity, limited access to water and medical care, and widespread
civilian casualties. These impacts have been compounded by the COVID-19
pandemic which has contributed to the further breakdown of the economy
and strained an already overburdened healthcare system.
The United Nations (UN) has verified that at least 350,209
identified civilians and combatants were killed between March 2011 and
March 2021, including 26,727 women and 27,126 children, but it has
warned that this figure ``indicates a minimum verifiable number'' and
is an ``undercount of the actual number.'' \11\ The Syrian Observatory
for Human Rights (SOHR), a UK-based monitoring group with a network of
sources on the ground, had documented the deaths of 494,438 people as
of June 2021 and said that at least 159,774 civilians had been
killed.\12\ The group estimated that the actual toll from the war was
more than 606,000, saying 47,000 civilians were believed to have died
of torture in government-run prisons.\13\ Another monitoring group, the
Violations Documentation Center, which relies on information from
[[Page 46985]]
activists across the country, had documented 239,251 battle-related
deaths, including 145,240 civilians, as of June 2022.\14\ Additionally,
the ongoing military operations have injured more than 2.1 million
Syrian civilians with varying injuries, wounds, and permanent
disabilities.\15\
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\11\ This count includes ``only those people identifiable by
full name, with an established date of death, and who died in an
identified governorate'' and was sourced from OHCHR's own data,
records maintained by civil society organizations, and information
from the Syrian government. UNOHCR, ``Oral update on the extent of
conflict-related deaths in the Syrian Arab Republic [verbar] OHCHR''
(September 24, 2021), <a href="https://www.ohchr.org/en/statements/2021/09/oral-update-extent-conflict-related-deaths-syrian-arab-republic?LangID=E&NewsID=27531">https://www.ohchr.org/en/statements/2021/09/oral-update-extent-conflict-related-deaths-syrian-arab-republic?LangID=E&NewsID=27531</a>.
\12\ SOHR, ``Total death toll [verbar] Over 606,000 people
killed across Syria since the beginning of the ``Syrian
Revolution'', including 495,000 documented by SOHR (June 1, 2021),
<a href="https://www.syriahr.com/en/217360/">https://www.syriahr.com/en/217360/</a>.
\13\ SOHR, ``Total death toll [verbar] Over 606,000 people
killed across Syria since the beginning of the ``Syrian
Revolution'', including 495,000 documented by SOHR (June 1, 2021),
<a href="https://www.syriahr.com/en/217360/">https://www.syriahr.com/en/217360/</a>.
\14\ Violation Documentation Center, ``Monthly statistical on
casualties in Syria, June 2022'' (June 2022), <a href="https://scm.bz/en/violations-watch/monthly-statistical-on-casualities-in-syria-june-2022">https://scm.bz/en/violations-watch/monthly-statistical-on-casualities-in-syria-june-2022</a>.
\15\ SOHR, ``Total death toll [verbar] Over 606,000 people
killed across Syria since the beginning of the ``Syrian
Revolution'', including 495,000 documented by SOHR (June 1, 2021),
<a href="https://www.syriahr.com/en/217360/">https://www.syriahr.com/en/217360/</a>.
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Eleven years of war have inflicted immense suffering on the Syrian
people. More than half of Syria's pre-war population of 22 million have
either fled the country or are displaced within its borders.\16\ Syria
remains the world's largest displacement crisis.\17\ The number of
Syrian IDPs to date is approximately 7 million people.\18\
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\16\ UNHCR, ``Eleven years on, mounting challenges push many
displaced Syrians to the brink'' (March 15, 2022), <a href="https://www.unhcr.org/en-us/news/briefing/2022/3/623055174/eleven-years-mounting-challenges-push-displaced-syrians-brink.html">https://www.unhcr.org/en-us/news/briefing/2022/3/623055174/eleven-years-mounting-challenges-push-displaced-syrians-brink.html</a>.
\17\ UNHCR, ``Eleven years on, mounting challenges push many
displaced Syrians to the brink'' (Mar 15, 2022), <a href="https://www.unhcr.org/en-us/news/briefing/2022/3/623055174/eleven-years-mounting-challenges-push-displaced-syrians-brink.html">https://www.unhcr.org/en-us/news/briefing/2022/3/623055174/eleven-years-mounting-challenges-push-displaced-syrians-brink.html</a>.
\18\ USAID, ``Syria--Complex Emergency Fact Sheet #4, Fiscal
Year (FY) 2022'' (Mar 4, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-4-fiscal-year-fy-2022">https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-4-fiscal-year-fy-2022</a>.
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Harm to civilians has been widespread, but the magnitude of
violence has varied greatly by location. Parties to the Syrian conflict
killed 1,271 civilians in 2021, including 299 children and 134
women.\19\ Both government and opposition forces reportedly engage in
indiscriminate attacks through the use of airstrikes, explosives,
snipers, and rocket and mortar attacks, killing thousands and leaving
many without the means or ability to escape the violence.\20\ Since
2021, cities as far north as Idlib, and as far south as Daraa have seen
heavy civilian casualties as well as damage to civilian objects.\21\
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\19\ Syrian Network for Human Rights, ``Eleventh Annual Report:
The Most Notable Human Rights Violations in Syria in 2021'' (Jan 21,
2022), <a href="https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf">https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf</a>.
\20\ Human Rights Watch, ``Syria: Events of 2021'' (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a>.
\21\ Human Rights Watch, ``Syria: Events of 2021'' (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a>.
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Multiple actors in the conflict have been accused of targeting
civilians and civilian facilities. In January 2022, Russia conducted
airstrikes on the Al Arshani Water Pump Station located west of Idlib
city, injuring at least one station worker, causing substantial damage
to the station's buildings and equipment, and forcing the station's
main water pumping pipe temporarily out of service.\22\ In February
2022, there were at least six incidents of attacks impacting vital
civilian facilities, among them, a school, two markets, a park, and a
livestock farm.\23\ In April 2022, ISIS claimed responsibility for an
attack on civilians gathering for an iftar meal during Ramadan, killing
seven people and wounding four.\24\ Also in April 2022, Syrian
government forces shelled a village in north Idlib countryside, killing
at least three students on their way to school.\25\ According to the
Syrian Civil Defense, Russian and Syrian forces and allied militias
have launched 130 air and artillery attacks on northwestern Syria
during the first quarter of 2022.\26\ These attacks struck civilian
homes, public buildings, and service facilities, killing\47\ people and
wounding more than 100 others.\27\
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\22\ Syrian Archive, ``Airstrikes on the Al Arshani Water Pump
Station in Idlib'' (February 14, 2022), <a href="https://syrianarchive.org/en/investigations/arshani">https://syrianarchive.org/en/investigations/arshani</a>.
\23\ Syrian Network for Human Rights, ``The Most Notable Human
Rights Violations in Syria in February 2022,'' (Mar. 4, 2022),
<a href="https://snhr.org/wp-content/uploads/2022/03/M220303E.pdf">https://snhr.org/wp-content/uploads/2022/03/M220303E.pdf</a>.
\24\ Syrian Observatory for Human Rights, ``SOHR: Daesh kills 7
Syrians at Ramadan iftar meal'' (Apr 29, 2022), <a href="https://www.syriahr.com/en/249367/">https://www.syriahr.com/en/249367/</a>.
\25\ Syrian Observatory for Human Rights, ``Regime offensive
[verbar] Three students killed in regime rocket attack on area in
Idlib countryside'' (Apr 4, 2022), <a href="https://www.syriahr.com/en/245693/">https://www.syriahr.com/en/245693/</a>.
\26\ Euro-Med Monitor, ``Killing 4 children in Syrian regime
bombardment may amount to war crime'' (Apr 5, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/killing-4-children-syrian-regime-bombardment-may-amount-war-crime-enar">https://reliefweb.int/report/syrian-arab-republic/killing-4-children-syrian-regime-bombardment-may-amount-war-crime-enar</a>.
\27\ Euro-Med Monitor, ``Killing 4 children in Syrian regime
bombardment may amount to war crime,'' (April 6, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/killing-4-children-syrian-regime-bombardment-may-amount-war-crime-enar">https://reliefweb.int/report/syrian-arab-republic/killing-4-children-syrian-regime-bombardment-may-amount-war-crime-enar</a>.
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Mandatory military service has been the law in Syria since
2007.\28\ Men from the ages of 18 to 42 are required to serve, and
women may enlist voluntarily.\29\ Conscripts are required to serve for
18 to 21 months, depending on their level of education.\30\ Syria has
intermittently declared amnesties for military service evaders to
encourage returns, however, ``returnees have found themselves back on
conscription lists in as little as seven days, after the government
exploited a loophole in the decree,'' thereby rendering the amnesty
provisions meaningless.\31\ In February 2021, the Syrian regime
announced an amendment to the military conscription laws. Under the
amended law, those who did not do military service before the age of 43
must pay $8,000, or lose their property without notice or any right to
appeal.\32\
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\28\ The Tahrir Institute for Middle East Policy, ``TIMEP Brief:
Conscription Law'' (Aug 22, 2019), <a href="https://timep.org/reports-briefings/timep-brief-conscription-law/">https://timep.org/reports-briefings/timep-brief-conscription-law/</a>.
\29\ The Tahrir Institute for Middle East Policy, ``TIMEP Brief:
Conscription Law'' (Aug 22, 2019), <a href="https://timep.org/reports-briefings/timep-brief-conscription-law/">https://timep.org/reports-briefings/timep-brief-conscription-law/</a>.
\30\ The Tahrir Institute for Middle East Policy, ``TIMEP Brief:
Conscription Law'' (Aug 22, 2019), <a href="https://timep.org/reports-briefings/timep-brief-conscription-law/">https://timep.org/reports-briefings/timep-brief-conscription-law/</a>.
\31\ Human Rights Watch, ``Our Lives are Like Death'' (Oct.
2021), <a href="https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf">https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf</a>.
\32\ Human Rights Watch, ``Syrian `Military Evaders' Face
Unlawful Seizure of Property, Assets'' (Feb 9, 2021), <a href="https://www.hrw.org/news/2021/02/09/syrian-military-evaders-face-unlawful-seizure-property-assets">https://www.hrw.org/news/2021/02/09/syrian-military-evaders-face-unlawful-seizure-property-assets</a>.
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The Syrian Democratic Forces and other entities in Syria have also
been accused of forced conscription: ``[The Syrian Network for Human
Rights (SNHR)] . . . recorded Syrian Democratic Forces kidnapping two
children [in January 2022] with the aim of taking them to its training
and recruitment camps and forcibly conscripting them . . .'' \33\
Further, compulsory recruitment under the ``Law on Mandatory Self-
Defense Duty'' was first introduced in 2014 and is confined to the
areas of northern and eastern Syria under the control of the Kurdish-
led Autonomous Administration.\34\ Under this law, conscription is
mandatory for all male residents, both Syrian nationals and stateless
Kurds, after reaching 18 years old. Syrians from other parts of the
country who have resided in the area longer than five years are
obligated to join as well.\35\
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\33\ Syrian Network for Human Rights, ``143 Arbitrary Arrests/
Detentions Documented in Syria in January 2022,'' including 2
children, (Feb. 2, 2022), <a href="https://snhr.org/wp-content/pdf/english/143_Arbitrary_Arrests_Detentions_Documented_in_Syria_in_January_2022_Including_Two_Children_en.pdf">https://snhr.org/wp-content/pdf/english/143_Arbitrary_Arrests_Detentions_Documented_in_Syria_in_January_2022_Including_Two_Children_en.pdf</a>.
\34\ European Union Agency for Asylum, ``Persons fearing forced
or child recruitment by Kurdish forces,'' (last updated Sept. 2020),
<a href="https://euaa.europa.eu/country-guidance-syria/26-persons-fearing-forced-or-child-recruitment-kurdish-forces">https://euaa.europa.eu/country-guidance-syria/26-persons-fearing-forced-or-child-recruitment-kurdish-forces</a>.
\35\ European Union Agency for Asylum, ``Persons fearing forced
or child recruitment by Kurdish forces,'' (last updated Sept. 2020),
<a href="https://euaa.europa.eu/country-guidance-syria/26-persons-fearing-forced-or-child-recruitment-kurdish-forces">https://euaa.europa.eu/country-guidance-syria/26-persons-fearing-forced-or-child-recruitment-kurdish-forces</a>.
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Syrian children have suffered disproportionately since the start of
the conflict. At least 29,661 children have been killed in Syria since
March 2011, including 181 due to torture, in addition to 5,036 arrested
or forcibly disappeared children.\36\ The SNHR estimates that
[[Page 46986]]
there are at least 1,374 children currently serving in the Syrian
regime forces.\37\ Other actors in the conflict are also accused of
engaging in forced conscription of children. These include: Hay'at
Tahrir al Sham, Syrian Democratic Forces, factions of the Syrian
National Army (SNA), Al-Nusra Front, ISIS, as well as Iranian militias
or militias supported by Iran.\38\ According to the United Nations High
Commissioner for Refugees (UNHCR), there are currently at least 2.5
million displaced children in Syria.\39\ The United Nations Children's
Fund (UNICEF) reported 6.5 million children in need of humanitarian
assistance in a March 2022 report.\40\
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\36\ Syrian Network for Human Rights (SNHR). ''On World
Children's Day; Tenth Annual Report on Violations against Children
in Syria'' (Nov. 20, 2021), <a href="https://reliefweb.int/report/syrian-arab-republic/world-children-s-day-tenth-annual-report-violations-against-children">https://reliefweb.int/report/syrian-arab-republic/world-children-s-day-tenth-annual-report-violations-against-children</a>.
\37\ Syrian Network for Human Rights (SNHR). ''On World
Children's Day; Tenth Annual Report on Violations against Children
in Syria'' (Nov. 20, 2021), <a href="https://reliefweb.int/report/syrian-arab-republic/world-children-s-day-tenth-annual-report-violations-against-children">https://reliefweb.int/report/syrian-arab-republic/world-children-s-day-tenth-annual-report-violations-against-children</a>.
\38\ Syrian Network for Human Rights (SNHR). ''On World
Children's Day; Tenth Annual Report on Violations against Children
in Syria'' (Nov. 20, 2021), <a href="https://reliefweb.int/report/syrian-arab-republic/world-children-s-day-tenth-annual-report-violations-against-children">https://reliefweb.int/report/syrian-arab-republic/world-children-s-day-tenth-annual-report-violations-against-children</a>.
\40\ UNICEF, ``Whole of Syria Humanitarian Situation Report:
March 2022,'' (May 15, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/unicef-whole-syria-humanitarian-situation-report-march-2022">https://reliefweb.int/report/syrian-arab-republic/unicef-whole-syria-humanitarian-situation-report-march-2022</a>.
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Human rights abuses continue to be rampant in Syria. One report
cites 2,218 cases of arbitrary arrest or detention, including 85
children and 77 women, committed by parties to the conflict and
controlling forces in 2021, almost half of which were attributed to the
Assad regime.\41\ The same report notes that at least 104 individuals
were documented as dying as a result of torture in 2021 at the hands of
Syrian regime forces, Syrian Democratic Forces, Hay'at Tahrir al Sham,
factions of the Syrian National Army as well as other parties to the
conflict.\42\ Furthermore, individuals returning to Syria have reported
that the Syrian government or its affiliated militias subjected them or
their family members to arbitrary arrest or detention, torture and
other cruel, inhuman or degrading treatment, kidnappings, and
extrajudicial killings after their return to Syria.\43\ Human Rights
Watch has reported ``21 cases of arrest and arbitrary detention . . .''
13 cases of torture, 3 kidnappings, 5 extrajudicial killings, and 17
enforced disappearances between 2017 and 2021 among refugees who had
returned to Syria from Jordan and Lebanon.'' \44\
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\41\ Syrian Network for Human Rights, ``Eleventh Annual Report:
The Most Notable Human Rights Violations in Syria in 2021'' (Jan 21,
2022), <a href="https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf">https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf</a>.
\42\ Syrian Network for Human Rights, ``Eleventh Annual Report:
The Most Notable Human Rights Violations in Syria in 2021'' (Jan 21,
2022), <a href="https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf">https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf</a>.
\43\ Human Rights Watch. ''Our Lives are Like Death'' (Oct.
2021), <a href="https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf">https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf</a>.
\44\ Human Rights Watch, ``Syria: Events of 2021'' (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a>.
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After 11 years of conflict, Syria's healthcare system has suffered
gravely. As of March 2022, Physicians for Human Rights has documented
and verified 601 attacks hitting at least 350 health facilities since
the start of the conflict.\45\ A January 2022 report states that more
than 50% of healthcare workers are estimated to have left the country
in the last decade.\46\ Out of the almost 1,800 available public health
centers, 45% were not fully functioning as of September 2021, at a time
when the Syrian people needed them the most amidst the COVID-19
pandemic.\47\ Seven medical personnel were killed in Syria in 2021 at
the hands of parties to the conflict and controlling forces in
Syria.\48\ The COVID-19 pandemic has further exacerbated shortcomings
in an already weakened healthcare system. The UN identifies Syria as
one of the countries in the Middle East most severely affected by the
COVID-19 pandemic, particularly as low vaccine availability, vaccine
hesitancy, infections among frontline health workers, high transmission
rates in IDP camps, oxygen supply shortages, inadequate testing
materials, and limited cold chain and technical capacity hamper
infection prevention, monitoring, and response efforts.\49\ As of March
2022, 11.4% of the total population had received at least one dose of
the COVID-19 vaccine, and only 6.6% were fully vaccinated.\50\
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\45\ International Rescue Committee, ``11 years of violence
against health care in Syria'' (Mar 31, 2022), <a href="https://www.rescue.org/resource/11-years-violence-against-health-care-syria">https://www.rescue.org/resource/11-years-violence-against-health-care-syria</a>.
\46\ UNOCHA, ``Situation Report #35: Recent Developments in
Northwest Syria and RAATA'' (Jan 2022), <a href="https://www.humanitarianresponse.info/en/operations/stima/document/situation-report-35-recent-developments-northwest-syria-and-raata-january">https://www.humanitarianresponse.info/en/operations/stima/document/situation-report-35-recent-developments-northwest-syria-and-raata-january</a>.
\47\ International Rescue Committee, ``11 years of violence
against health care in Syria'' (Mar 31, 2022), <a href="https://www.rescue.org/resource/11-years-violence-against-health-care-syria">https://www.rescue.org/resource/11-years-violence-against-health-care-syria</a>.
\48\ Syrian Network for Human Rights, ``Eleventh Annual Report:
The Most Notable Human Rights Violations in Syria in 2021'' (Jan 21,
2022), <a href="https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf">https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf</a>.
\49\ USAID, ``Syria--Complex Emergency Fact Sheet #4, Fiscal
Year (FY) 2022'' (Mar 4, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-4-fiscal-year-fy-2022">https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-4-fiscal-year-fy-2022</a>.
\50\ World Health Organization, ``Monthly COVID-19 Bulletin:
March 2022,'' (Mar. 26, 2022), <a href="https://reliefweb.int/sites/reliefweb.int/files/resources/monthly_covid-19_bulletin-march_2022.pdf">https://reliefweb.int/sites/reliefweb.int/files/resources/monthly_covid-19_bulletin-march_2022.pdf</a>.
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According to the World Food Program (WFP), at least 12.4 million
Syrians, out of an estimated population of 16 million, are food
insecure.\51\ This 2021 estimate reflects an increase of 3.1 million
food insecure people in one year.\52\ Moreover, according to the same
report, more than 600,000 children are chronically malnourished.\53\
The United Nations Office for the Coordination of Humanitarian Affairs
(UNOCHA) reports that routine shortages in basic goods, including bread
and fuel, have become commonplace and the number of people in need of
humanitarian assistance increased by 21% in 2021--reaching a total of
13.4 million people, with 1.48 million in ``catastrophic'' need.\54\
The price of the national food basket \55\ increased by 24% from
February to March 2022, the greatest monthly increase and the highest
price recorded since tracking began in 2013.\56\
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\51\ Human Rights Watch, ``Syria: Events of 2021'' (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a>.
\52\ Human Rights Watch, ``Syria: Events of 2021'' (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a>.
\53\ Human Rights Watch, ``Syria: Events of 2021'' (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a>.
\54\ Human Rights Watch, ``Syria: Events of 2021'' (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a>.
\55\ The UN's Food and Agriculture Organization (FAO) issues a
monthly food price index, a measure of change in international
prices of a basket of food commodities. See United Nations, ``Global
Issues: Food'' (last visited 6/27/2022), <a href="https://www.un.org/en/global-issues/food">https://www.un.org/en/global-issues/food</a>. A national food basket is a group of essential
food commodities. In Syria, the food basket is set at a group of dry
goods providing 2,060 kcal a day for a family of five during a
month. The basket includes 37 kg bread, 19 kg rice, 19 kg lentils, 5
kg of sugar, and 7 liters of vegetable oil. See World Food Program,
``Syria Country Office Market Price Watch Bulletin Issue 88, March
2022, (Apr. 27, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/syria-country-office-market-price-watch-bulletin-issue-88-march-2022">https://reliefweb.int/report/syrian-arab-republic/syria-country-office-market-price-watch-bulletin-issue-88-march-2022</a>.
\56\ UNICEF, ``Whole of Syria Humanitarian Situation Report:
March 2022,'' (May 15, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/unicef-whole-syria-humanitarian-situation-report-march-2022">https://reliefweb.int/report/syrian-arab-republic/unicef-whole-syria-humanitarian-situation-report-march-2022</a>.
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In 2021, Syria was impacted by several climate and natural
resource-related shocks. Erratic rainfall as well as historically low
water levels in the Euphrates River have reduced access to water for
drinking and domestic use for over five million people.\57\ In
addition,
[[Page 46987]]
this has triggered substantial harvest and income losses, decreased
hydroelectricity generation, and increased water-borne illnesses.\58\
Northern Syria is experiencing severe water shortages as a result of
higher-than-average temperatures.\59\ Of 1,087 UNICEF beneficiaries
surveyed across Syria in February and March 2022, 15% reported water
availability once a week or less and 19% reported no water
availability.\60\
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\57\ UNOCHA, ``2022 Humanitarian Needs Overview: Syrian Arab
Republic'' (Feb 22, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/2022-humanitarian-needs-overview-syrian-arab-republic-february-2022">https://reliefweb.int/report/syrian-arab-republic/2022-humanitarian-needs-overview-syrian-arab-republic-february-2022</a>.
\58\ UNOCHA, ``2022 Humanitarian Needs Overview: Syrian Arab
Republic'' (Feb 22, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/2022-humanitarian-needs-overview-syrian-arab-republic-february-2022">https://reliefweb.int/report/syrian-arab-republic/2022-humanitarian-needs-overview-syrian-arab-republic-february-2022</a>.
\59\ International Rescue Committee, ''Crisis in Syria: Economic
crisis compounds over a decade of war'' (Mar. 15, 2022), <a href="https://www.rescue.org/article/crisis-syria-economic-crisis-compounds-over-decade-war">https://www.rescue.org/article/crisis-syria-economic-crisis-compounds-over-decade-war</a>.
\60\ UNICEF, ``Whole of Syria Humanitarian Situation Report:
March 2022,'' (May 15, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/unicef-whole-syria-humanitarian-situation-report-march-2022">https://reliefweb.int/report/syrian-arab-republic/unicef-whole-syria-humanitarian-situation-report-march-2022</a>.
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In October 2021, the World Bank estimated that the Syrian economy
had shrunk by more than 60% since 2010.\61\ Between October 2019 and
October 2021, the Syrian pound lost 82% of its value against the
dollar.\62\ UNOCHA estimated that, in 2021, 90% of the population lived
below the poverty line.\63\ An April 2022 World Bank report indicates
that ``the continued depreciation of the local currency has led to
rampant inflation, worsening already high food insecurity and pushing
more people into poverty.'' \64\ A UN report from April 2022 estimates
that 14.6 million people are in need of humanitarian assistance, which
is a 9% increase from the previous year.\65\
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\61\ Human Rights Watch, ''Our Lives Are Like Death'' (Oct.
2021), <a href="https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf">https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf</a>.
\62\ International Rescue Committee, ''Crisis in Syria: Economic
crisis compounds over a decade of war'' (Mar. 15, 2022), <a href="https://www.rescue.org/article/crisis-syria-economic-crisis-compounds-over-decade-war">https://www.rescue.org/article/crisis-syria-economic-crisis-compounds-over-decade-war</a>
\63\ Human Rights Watch, ``Syria: Events of 2021'' (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a>.
\64\ World Bank. ``Macro Poverty Outlook for Syria: April 2022''
(April 2022), <a href="http://documents.worldbank.org/curated/en/099039004242232398/IDU0107dbcc10f799044b70bc070ac75483e6628">http://documents.worldbank.org/curated/en/099039004242232398/IDU0107dbcc10f799044b70bc070ac75483e6628</a>.
\65\ UNHCR, ``Syria: UNHCR Operational Update, April 2022'' (May
12, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/syria-unhcr-operational-update-april-2022">https://reliefweb.int/report/syrian-arab-republic/syria-unhcr-operational-update-april-2022</a>.
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In summary, the ongoing conflict, compounded by economic downturn,
food insecurity, water insecurity, the COVID-19 pandemic, a weakened
healthcare system, weakened civilian infrastructure, human rights
violations and abuses, violations of the law of armed conflict, forced
conscription and mass displacement have an enormous human cost for the
Syrian people.
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
<bullet> The conditions supporting Syria's designation for TPS
continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
<bullet> There continues to be an ongoing armed conflict in Syria
and, due to such conflict, requiring the return to Syria of Syrian
nationals (or individuals having no nationality who last habitually
resided in Syria) would pose a serious threat to their personal safety.
See INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
<bullet> There continue to be extraordinary and temporary
conditions in Syria that prevent Syrian nationals (or individuals
having no nationality who last habitually resided in Syria) from
returning to Syria in safety, and it is not contrary to the national
interest of the United States to permit Syrian TPS beneficiaries to
remain in the United States temporarily. See INA section 244(b)(1)(C),
8 U.S.C. 1254a(b)(1)(C).
<bullet> The designation of Syria for TPS should be extended for an
18-month period, from October 1, 2022, through March 31, 2024. See INA
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> Due to the conditions described above, Syria should be
simultaneously extended and redesignated for TPS effective October 1,
2022, through, 2024. See section 244(b)(1)(A) and (C) and (b)(2) of the
Act, 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
<bullet> The Secretary has determined that TPS applicants must
demonstrate that they have continuously resided in the United States
since July 28, 2022.
<bullet> Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since October 1, 2022, the effective date of the
redesignation of Syria for TPS.
<bullet> There are approximately 6,448 current Syria TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
<bullet> It is estimated that approximately 960 additional
individuals may be eligible for TPS under the redesignation of Syria.
This population includes Syrian nationals in the United States in
nonimmigrant status or without immigration status.
Notice of the Designation of Syria for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Syria's designation for TPS on the basis of ongoing armed
conflict and extraordinary and temporary conditions are met. See INA
section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis of this
determination, I am simultaneously extending the existing designation
of TPS for Syria for 18 months, from October 1, 2022, through March 31,
2024, and redesignating Syria for TPS for the same 18-month period. See
INA section 244(b)(1)(A), (b)(1)(C) and (b)(2); 8 U.S.C.
1254a(b)(1)(A), (b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register for TPS
To register for TPS based on the designation of Syria, you must
submit a Form I-821, Application for Temporary Protected Status, and
pay the filing fee (or request a fee waiver, which you may submit on
Form I-912, Request for Fee Waiver). You may be required to pay the
biometric services fee. If you can demonstrate an inability to pay the
biometric services fee, you may request to have the fee waived. Please
see additional information under the ``Biometric Services Fee'' section
of this notice.
TPS beneficiaries are authorized to work in the United States. You
are not required to submit Form I-765 or have an EAD, but see below for
more information if you want to work in the United States.
Individuals who have a Syria TPS application (Form I-821) that was
still pending as of August 1, 2022 do not need to file the application
again. If USCIS approves an individual's Form I-821, USCIS will grant
the individual TPS through March 31, 2024.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at <a href="http://uscis.gov/tps">uscis.gov/tps</a>. Fees for the Form
I-821, the Form I-765, and biometric services are also described in 8
CFR 103.7(b)(1)(i).
How can TPS beneficiaries obtain an Employment Authorization Document
(EAD)?
Every employee must provide their employer with documentation
showing that they have the legal right to work in the United States.
TPS beneficiaries are
[[Page 46988]]
eligible to obtain an EAD, which proves their legal right to work.
Those who want to obtain an EAD must file a Form I-765, Application for
Employment Authorization, and pay the Form I-765 fee (or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver).
TPS applicants may file this form along with their TPS application, or
at a later date, provided their TPS application is still pending or has
been approved. Beneficiaries with a Syrian TPS-related Form I-765 that
was still pending as of August 1, 2022 do not need to file the
application again. If USCIS approves a pending TPS-related Form I-765,
USCIS will issue the individual a new EAD that will be valid through
the same date.
Refiling an Initial TPS Registration Application After Receiving a
Denial of a Fee Waiver Request
If you receive a denial of a fee waiver request, you must refile
your Form I-821 for TPS along with the required fees during the
registration period, which extends until March 31, 2024. You may also
file for your Employment Authorization Document on Form I-765 with
payment of the fee along with your TPS application or at any later date
you decide you want to request an EAD during the registration period.
Filing Information
USCIS offers the option to applicants for TPS under Syria's
designation to file Form I-821 and related requests for EADs online or
by mail. When filing a TPS application, applicants can also request an
EAD by submitting a completed Form I-765, Request for Employment
Authorization, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing online.\66\ To file these forms online, you must first create a
USCIS online account.\67\
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\66\ Find information about online filing at ``Forms Available
to File Online,'' <a href="https://www.uscis.gov/file-online/forms-available-to-file-online">https://www.uscis.gov/file-online/forms-available-to-file-online</a>.
\67\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1-Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status; Form I-765, Application for Employment Authorization; Form I-
912, Request for Fee Waiver (if applicable); and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are using the U.S. Postal Service USCIS, Attn: TPS Syria, P.O.
(USPS). Box 6943, Chicago, IL 60680-
6943.
You are using FedEx, UPS, or DHL....... USCIS, Attn: TPS Syria (Box
6943), 131 S Dearborn 3rd
Floor, Chicago, IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
mail your Form I-765 application to the appropriate mailing address in
Table 1. When you are requesting an EAD based on an IJ/BIA grant of
TPS, please include a copy of the IJ or BIA order granting you TPS with
your application. This will help us verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying
(that is, registering) for TPS on the USCIS website at <a href="http://uscis.gov/tps">uscis.gov/tps</a>
under ``Syria.''
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside of the United States. If
granted, travel authorization gives you permission to leave the United
States and return during a specific period. To request travel
authorization, you must file Form I-131, Application for Travel
Document, available at <a href="http://www.uscis.gov/i-131">www.uscis.gov/i-131</a>. You may file Form I-131
together with your Form I-821 or separately. When filing the Form I-
131, you must:
<bullet> Select Item Number 1.d. in Part 2 on the Form I-131; and
<bullet> Submit the fee for the Form I-131, or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. If you are filing Form I-131
separately based on a pending or approved Form I-821, send your form to
the address listed in Table 2 and include a copy of Form I-797 for the
approved or pending Form I-821.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with a Form The address provided in Table
I-821, Application for Temporary 1.
Protected Status.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, P.O.
approved Form I-821, and you are using Box 660167, Dallas, TX 75266-
the U.S. Postal Service (USPS): 0867.
You must include a copy of the receipt
notice (Form I-797C) showing we
accepted or approved your Form I-821.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, 2501 S
approved Form I-821, and you are using State Hwy. 121 Business, Ste.
FedEx, UPS, or DHL: 400, Lewisville, TX 75067.
You must include a copy of the receipt
notice (Form I-797C) showing we
accepted or approved your Form I-821.
------------------------------------------------------------------------
[[Page 46989]]
Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay the
biometric services fee, you may request a fee waiver, which you may
submit on Form I-912, Request for Fee Waiver. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at <a href="http://uscis.gov/tps">uscis.gov/tps</a>. If necessary, you may be required to visit an
Application Support Center to have your biometrics captured. For
additional information on the USCIS biometric screening process, please
see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at <a href="http://dhs.gov/privacy">dhs.gov/privacy</a>.
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at <a href="http://uscis.gov">uscis.gov</a>, or visit the USCIS Contact Center at <a href="http://uscis.gov/contactcenter">uscis.gov/contactcenter</a>. If your Form I-765 has been pending for more than 90
days, and you still need assistance, you may ask a question about your
case online at <a href="http://egov.uscis.gov/e-request/Intro.do">egov.uscis.gov/e-request/Intro.do</a> or call the USCIS
Contact Center at 800-375-5283 (TTY 800-767-1833).
Am I eligible to receive an automatic extension of my current EAD
through September 30, 2023, using this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a Syria TPS-based EAD that has the notation A-12 or C-19
under Category and a ``Card Expires'' date of September 30, 2022, March
31, 2021, September 30, 2019, or March 31, 2018, this Federal Register
notice automatically extends your EAD through September 30, 2023.
Although this Federal Register notice automatically extends your EAD
through September 30, 2023, you must re-register timely for TPS in
accordance with the procedures described in this Federal Register
notice to maintain your TPS and employment authorization.
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on the last page of
Form I-9, Employment Eligibility Verification, as well as the
Acceptable Documents web page at <a href="http://uscis.gov/i-9-central/acceptable-documents">uscis.gov/i-9-central/acceptable-documents</a>. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three days of
hire, employees must present acceptable documents to their employers as
evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in the Form I-9 Instructions. Employers may not reject a document based
on a future expiration date. You can find additional information about
Form I-9 on the I-9 Central web page at <a href="http://uscis.gov/I-9Central">uscis.gov/I-9Central</a>. An EAD is
an acceptable document under List A. See the section ``How do my
employer and I complete Form I-9 using my automatically extended EAD
for a new job?'' of this Federal Register notice for further
information. If your EAD states A-12 or C-19 under Category and has a
Card Expires date of September 30, 2022, March 31, 2021, September 30,
2019, or March 31, 2018, it has been extended automatically by virtue
of this Federal Register notice and you may choose to present your EAD
to your employer as proof of identity and employment eligibility for
Form I-9 through September 30, 2023, unless your TPS has been withdrawn
or your request for TPS has been denied. Your country of birth notated
on the EAD does not have to reflect the TPS designated country of Syria
for you to be eligible for this extension.
What documentation may I present to my employer for Form I-9 if I am
already employed but my current TPS-related EAD is set to expire?
Even though we have automatically extended your EAD, your employer
is required by law to ask you about your continued employment
authorization. Your employer may need to re-inspect your automatically
extended EAD to check the ``Card Expires'' date and Category code if
your employer did not keep a copy of your EAD when you initially
presented it. Once your employer has reviewed the ``Card Expires'' date
and Category code, your employer should update the EAD expiration date
in Section 2 of Form I-9. See the section ``What updates should my
current employer make to Form I-9 if my EAD has been automatically
extended?'' of this Federal Register notice for further information.
You may show this Federal Register notice to your employer to explain
what to do for Form I-9 and to show that USCIS has automatically
extended your EAD through September 30, 2023, but you are not required
to do so. The last day of the automatic EAD extension is September 30,
2023. Before you start work on October 1, 2023, your employer is
required by law to reverify your employment authorization on Form I-9.
By that time, you must present any document from List A or any document
from List C on Form I-9 Lists of Acceptable Documents, or an acceptable
List A or List C receipt described in the Form I-9 instructions to
reverify employment authorization.
Your employer may not specify which List A or List C document you
must present and cannot reject an acceptable receipt.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through March 31, 2024, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Syrian citizenship or a Form I-
797C showing that I registered for TPS for Form I-9 completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers need not reverify List B identity documents. Employers may
not request proof of Syrian citizenship or proof of registration for
TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. If
[[Page 46990]]
you present an EAD that USCIS has automatically extended, employers
should accept it as a valid List A document so long as the EAD
reasonably appears to be genuine and to relate to you. Refer to the
``Note to Employees'' section of this Federal Register notice for
important information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.
How do my employer and I complete Form I-9 using my automatically
extended EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before October 1, 2023:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter September
30, 2023, as the ``expiration date''; and
b. Enter your USCIS number or A-Number where indicated. (Your EAD
or other document from DHS will have your USCIS number or A-Number
printed on it; the USCIS number is the same as your A-Number without
the A prefix.)
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a ``Card Expires'' date of September 30,
2022, March 31, 2021, September 30, 2019, or March 31, 2018;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write September 30, 2023, as the expiration date.
Before the start of work on October 1, 2023, employers must
reverify the employee's employment authorization on Form I-9.
What updates should my current employer make to Form I-9 if my EAD has
been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and USCIS has now automatically extended your EAD,
your employer may need to re-inspect your current EAD if they do not
have a copy of the EAD on file. Your employer should determine if your
EAD is automatically extended by ensuring that it contains Category A-
12 or C-19 on the front of the card and has a ``Card Expires'' date of
September 30, 2022, March 31, 2021, September 30, 2019, or March 31,
2018. The employer may not rely on the country of birth listed on the
card to determine whether you are eligible for this extension.
If your employer determines that USCIS has automatically extended
your EAD, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and September 30, 2023, as the last day of the
automatic extension in the Additional Information field; and
2. Initial and date the correction.
Note: This is not considered a reverification. Employers do not
reverify the employee until either the one-year automatic extension has
ended, or the employee presents a new document to show continued
employment authorization, whichever is sooner. By October 1, 2023, when
the employee's automatically extended EAD has expired, employers are
required by law to reverify the employee's employment authorization on
Form I-9.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by
entering the number from the Document Number field on Form I-9 into the
document number field in E-Verify. Employers should enter September 30,
2023, as the expiration date for an EAD that has been extended under
this Federal Register notice
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?
E-Verify automated the verification process for TPS-related EADs
that are automatically extended. If you have employees who provided a
TPS-related EAD when they first started working for you, you will
receive a ``Work Authorization Documents Expiring'' case alert when the
auto-extension period for this EAD is about to expire. Before this
employee starts work on October 1, 2023, you must reverify their
employment authorization on Form I-9. Employers may not use E-Verify
for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#bdf49084fed8d3c9cfdcd1fdc8ceded4ce93d9d5ce93dad2cb"><span class="__cf_email__" data-cfemail="9ad3b7a3d9fff4eee8fbf6daefe9f9f3e9b4fef2e9b4fdf5ec">[email protected]</span></a>. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
<a href="/cdn-cgi/l/email-protection#d49d918694a1a7b0bbbefab3bba2"><span class="__cf_email__" data-cfemail="9ed7dbccdeebedfaf1f4b0f9f1e8">[email protected]</span></a>.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at <a href="/cdn-cgi/l/email-protection#3e7713077d5b504a4c5f527e4b4d5d574d105a564d10595148"><span class="__cf_email__" data-cfemail="de97f3e79dbbb0aaacbfb29eabadbdb7adf0bab6adf0b9b1a8">[email protected]</span></a>. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515)
for information regarding employment discrimination based on
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline
provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Form I-9 differs from records
available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a
[[Page 46991]]
case result of FNC. Work-authorized employees who receive an FNC may
call USCIS for assistance at 888-897-7781 (TTY 877-875-6028). For more
information about E-Verify-related discrimination or to report an
employer for discrimination in the E-Verify process based on
citizenship, immigration status, or national origin, contact IER's
Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at <a href="http://justice.gov/ier">justice.gov/ier</a> and the
USCIS and E-Verify websites at <a href="http://uscis.gov/i-9-central">uscis.gov/i-9-central</a> and <a href="http://e-verify.gov">e-verify.gov</a>.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, TPS beneficiaries presenting an automatically
extended EAD referenced in this Federal Register notice do not need to
show any other document, such as an I-797C Notice of Action or this
Federal Register notice, to prove that they qualify for this extension.
While Federal Government agencies must follow the guidelines laid out
by the Federal Government, State and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, State, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary, show you are authorized to work based on TPS or other
status, or may be used by DHS to determine if you have TPS or another
immigration status. Examples of such documents are:
<bullet> Your current EAD with a TPS category code of A12 or C19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of Syria;
<bullet> Your Form I-94, Arrival/Departure Record;
<bullet> Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
<bullet> Form I-797, Notice of Action, reflecting approval or
receipt of a past or current Form I-821, if you received one from
USCIS.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use the SAVE program
to confirm the current immigration status of applicants for public
benefits.
While SAVE can verify when an individual has TPS, each agency's
procedures govern whether they will accept an unexpired EAD, Form I-
797, or Form I-94, Arrival/Departure Record. If an agency accepts the
type of TPS-related document you are presenting, such as an EAD, the
agency should accept your automatically extended EAD, regardless of the
country of birth listed on the EAD. It may assist the agency if you:
a. Present the agency with a copy of the relevant Federal Register
notice showing the extension of TPS-related documentation in addition
to your recent TPS-related document with your A-Number, USCIS number,
or Form I-94 number;
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. Ask the agency to initiate a SAVE query with your information
and follow through with additional verification steps, if necessary, to
get a final SAVE response verifying your TPS.
You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or
automatic extension of TPS-related documentation. In most cases, SAVE
provides an automated electronic response to benefit-granting agencies
within seconds, but occasionally verification can be delayed. You can
check the status of your SAVE verification by using CaseCheck at
<a href="http://save.uscis.gov/casecheck/">save.uscis.gov/casecheck/</a>. CaseCheck is a free service that lets you
follow the progress of your SAVE verification case using your date of
birth and one immigration identifier number (A-Number, USCIS number, or
Form I-94 number) or Verification Case Number. If an agency has denied
your application based solely or in part on a SAVE response, the agency
must offer you the opportunity to appeal the decision in accordance
with the agency's procedures. If the agency has received and acted on
or will act on a SAVE verification and you do not believe the SAVE
response is correct, the SAVE website, <a href="http://www.uscis.gov/save">www.uscis.gov/save</a>, has detailed
information on how to make corrections or update your immigration
record, make an appointment, or submit a written request to correct
records.
[FR Doc. 2022-16508 Filed 7-29-22; 8:45 am]
BILLING CODE 9111-97-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.