Termination of TPS for Citizens of El Salvador, Haiti, Nicaragua, and Sudan
The termination of a program that has allowed nationals of El Salvador, Haiti, Nicaragua, and Sudan to temporarily live and work in the United States was upheld by a federal court of appeals last week. This decision is expected to affect approximately 400,000 foreign nationals, many of whom have lived in the United States for decades, as well as another 200,000 U.S. citizen family members.
For background, the Department of Homeland Security grants temporary protected status (“TPS”) to nationals of a country where conditions in that country temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately, such as 1) ongoing armed conflict (such as civil war); 2) an environmental disaster (such as earthquake or hurricane), or an epidemic; or 3) other extraordinary and temporary conditions. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.
As a result of this recent ruling, TPS is scheduled to end in March 2021 for Haitians, Nicaraguans, and Sudanese, and, in November 2021, for nationals of El Salvador. The Trump Administration has been trying to terminate TPS for nationals of these countries since 2017 and has been blocked by federal court litigation. The ACLU has said that they will seek a review of the ruling, and take it to the Supreme Court if necessary.
TPS beneficiaries are given work authorization, protected from removal, and may obtain travel permission. Nationals of the following countries currently benefit from TPS:
This alert is for informational purposes only. If you would like to discuss this development further, please do not hesitate to contact us.