TPS Documentation Extended for Six Countries

November 7, 2019

On November 4th, 2019, The Department of Homeland Security announced the extension of the validity of Temporary Protected Status (TPS) related documents for people from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

What is TPS?

TPS is a temporary immigration status granted to eligible nationals of a country designated for TPS under the Immigration and Nationality Act (INA) or to those without nationality who last resided in a designated country.

The countries that are currently designated for TPS are: El Salvador; Haiti; Honduras; Nepal; Nicaragua; Somalia; Sudan; South Sudan; Syria; and, Yemen. Countries are designated for TPS for reasons such as long-term armed conflict or war, environmental disasters such as earthquakes, and other extreme conditions; over 300,000 foreign nationals are protected under TPS.

TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to work and obtain Employment Authorization Documents (EADs) as long as they continue to meet TPS requirements.

Which documentation does this impact?

The notice automatically extends the validity of:

  • Employment Authorization Documents
  • Forms I-797, Notice of Action
  • Forms I-94, Arrival/Departure Record

These documents are collectively known as TPS-related documentation. The new expiration dates for these documents are:

Ongoing Legal Issues

In late 2017 and early 2018, DHS announced Trump administration plans to terminate TPS designation for several countries. In October 2018, federal judges in California and New York granted preliminary injunctions to stop the termination of TPS for Sudan, El Salvador, Haiti, and Nicaragua. DHS cannot terminate TPS for these countries until Ramos v. Nielsen, Saget v. Trump, and Bhattarai v. Neilsen are resolved. The injunctions also mandate that DHS continue the validity of TPS-related documents for beneficiaries from these countries. In compliance with the injunctions, this most recent announcement automatically extends the validity of TPS-related documentation for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti and El Salvador through Jan. 4, 2021.

 

 


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