Page:United States Statutes at Large Volume 104 Part 6.djvu/641

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5031 such benefits under paragraph (1) has been made, the alien shall be provided such benefits. "(5) CLARIFICATION.— Nothing in this section shall be construed as authorizing the Attorney General to deny temporary protected status to an alien bsised on the alien's immigration status or to require any alien, as a condition of being grauited such status, either to relinquish nonimmigrant or other status the alien may have or to execute any waiver of other rights under this Act. The granting of temporary protected status under this section shall not be considered to be inconsistent with the granting of nonimmigrant status under this Act. ' (b) DESIGNATIONS. — "(1) IN GENERAL. —The Attorney General, after consultation with appropriate agencies of the Government, may designate any foreign state (or any part of such foreign state) under this subsection only if^ "(A) the Attorney General finds that there is an ongoing armed conflict within the state and, due to such conflict, requiring the return of aliens who are nationals of that state to that state (or to the part of the state) would pose a serious threat to their personal safety; "(B) the Attorney General finds that— "(i) there has been an earthquake, flood, drought, epidemic, or other environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected, "(ii) the foreign state is unable, temporarily, to handle adequately the return to the state of aliens who are nationals of the state, and "(iii) the foreign state officially has requested designation under this subparagraph; or "(C) the Attorney General finds that there exist extraordinary and temporary conditions in the foreign state that prevent Eiliens who are nationals of the state from returning to the state in safety, unless the Attorney General finds that permitting the aliens to remain temporarily in the United States is contrary to the national interest of the United States. A designation of a foreign state (or part of such foreign state) Federal under this paragraph shall not become effective unless notice of ^®h},>n«r the designation (including a statement of the findings under this paragraph and the effective date of the designation) is published in the Federal Register. In such notice, the Attorney General shall also state an estimate of the number of nationals of the foreign state designated who are (or within the effective period of the designation are likely to become) eligible for temporary protected status under this section and their immigration status in the United States. " (2) EFFECTIVE PERIOD OF DESIGNATION FOR FOREIGN STATES. — The designation of a foreign state (or part of such foreign state) under paragraph (1) shall— (A) take effect upon the date of publication of the designation under such paragraph, or such later date as the Attorney General may specify in the notice published under such paragraph, and "(B) shall remain in effect until the effective date of the termination of the designation under paragraph (3)(B). publication. 39-194O-91-21:QL3Part6