DHS Extends Temporary Protected Status for El Salvador, Honduras, Nepal, and Nicaragua; Announces Withdrawal of TPS Terminations
The Department of Homeland Security has announced an 18-month extension of Temporary Protected Status (TPS) for El Salvador, Honduras, Nepal, and Nicaragua. Details on applying for TPS under the extension will be announced in upcoming Federal Register notices. On Tuesday, the Department of Homeland Security said that it is rescinding the prior administration’s termination of TPS for El Salvador, Honduras, Nepal, and Nicaragua.
The issue
The Department of Homeland Security (DHS) has extended El Salvador, Honduras, Nepal, and Nicaragua for Temporary Protected Status (TPS) for 18 months. The extension comes as DHS announces that it is formally withdrawing a Trump-era plan to terminate TPS designations for the four countries; the terminations are the focus of a pending federal lawsuit, Ramos v. Wolf.
TPS extension periods
DHS is extending the designation of El Salvador for TPS for 18 months, from September 10, 2023, through March 9, 2025. Current Salvadoran TPS beneficiaries will have 60 days, from July 12, 2023, through September 10, 2023, to request an 18-month extension of status and work authorization.
DHS is extending the designation of Nicaragua and Honduras for TPS for 18 months, from January 6, 2024, through July 5, 2025. Current Honduran and Nicaraguan TPS beneficiaries will have 60 days, from November 6, 2023, through January 5, 2024, to request an 18-month extension of status and work authorization.
DHS is extending the designation of Nepal for TPS for 18 months, from December 25, 2023, through June 24, 2025. Current Nepali TPS beneficiaries will have 60 days, from October 24, 2023, through December 23, 2023, to request an 18-month extension of status and work authorization.
DHS is closely monitoring local conditions to assess whether new TPS designations are warranted for these four countries.
Re-registration process for current TPS holders
Current El Salvador, Honduras, Nepal, and Nicaragua TPS beneficiaries can continue to extend their status and work authorization provided that they previously registered for TPS under the designation of El Salvador, Honduras, Nepal, and Nicaragua, and their application was granted.
Who may re-register: Re-registration is limited to those who previously registered for and were granted TPS under the designation for El Salvador, Honduras, Nepal, and Nicaragua.
When to re-register:
- Current Salvadoran TPS beneficiaries must submit Form I-821 to USCIS between July 12, 2023, and September 10, 2023.
- Current Honduran and Nicaraguan TPS beneficiaries must submit Form I-821 to USCIS between November 6, 2023, and January 5, 2024.
- Current Nepali TPS beneficiaries must submit Form I-821 to USCIS between October 24, 2023, and December 23, 2023.
Extending employment authorization: Beneficiaries who wish to extend their employment authorization must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
Pending TPS and/or EAD applications from prior registration period: There is no need for a foreign national with a pending TPS and/or EAD application to file a second application in order to benefit from the extension.
DHS will announce further details on the registration in coming weeks, closer to the opening date of the earliest re-registration period.
Impact on litigation concerning TPS terminations
In September 2017, the Trump administration announced it would terminate TPS for several designated countries including El Salvador, Honduras, Nepal, and Nicaragua. The terminations were challenged in federal court by beneficiaries of TPS and their U.S. citizen children. In 2018, the U.S. District Court for the Northern District of California struck down the TPS terminations. Later, a panel of the Ninth Circuit upheld the Trump Administration terminations. The plaintiff-appellees sought an en banc rehearing of the case, which was granted. Oral argument in the rehearing is set for later this month. During the litigation, DHS continued to extend TPS and related work authorizations to current beneficiaries from the four affected countries. After initially defending the Trump-era terminations, the Biden Administration has now decided to withdraw them. Though the litigation continues for now, the termination withdrawals could result in a settlement of the lawsuit.
Looking ahead
The extension of TPS for El Salvador, Honduras, Nepal, and Nicaragua mean that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States until the end of the 18-month extension. Prior to the conclusion of the 18-month extension, DHS will review conditions to determine whether the TPS designation for four countries should be extended again or terminated.