DHS Extends TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

The Department of Homeland Security has extended Temporary Protected Status (“TPS”) designation for nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan to June 30, 2024. The designations were previously set to expire on December 31, 2022. 

The Trump administration had moved to terminate TPS for nationals of these countries in large part because of how long these nationals had been benefiting from TPS.  Honduras, for example, has been designated for TPS since January 1999 and El Salvador since March 2001.  However, the practical reality is that many of these nationals have US citizen children and spouses; are employed by US companies or families, and are home-owners.  It is estimated that the termination of TPS for nationals of these countries would impact over 400,000 individuals, their families and their employers.  As such, termination of TPS is being litigated in federal courts during which time DHS is prohibited from terminating TPS. 

DHS therefore has automatically extended documents proving immigration status such as Employment Authorization Documents (“EADs”), Forms I-797, Notice of Actions (Approval Notices) and Forms I-94 (Arrival/Departure record) to June 30, 2024. Current beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan do not need to pay a fee or file any application to maintain their TPS. 

This newest DHS extension also covers the 2011 designation of Haiti for TPS and the 2013 designation for Sudan. Haiti and Sudan received new TPS designations in 2021 and 2022, respectively, and nationals of these countries who currently hold TPS are strongly encouraged to apply under the new designations. This will ensure that TPS will continue even if the federal district courts end the present injunctions in place. In order to receive TPS under the new Haiti or Sudan designations, eligible individuals must apply before the close of the registration periods on Feb. 3, 2023, and Oct. 19, 2023, respectively. Applicants can submit applications online here. 

By way of background, the US government grants TPS to nationals of a country if the following temporary conditions exist in their home country: 1) ongoing armed conflict (such as civil war); 2) an environmental disaster (such as an earthquake or hurricane), or an epidemic; or 3) other extraordinary and temporary conditions. 

TPS beneficiaries are given work authorization, protection from removal, and may obtain travel permission. 

This alert is for informational purposes only.  Please contact us if you would like to discuss these developments further.