DHS Grants Temporary Extension of TPS for Four Countries


Based on a preliminary injunction issued in Ramos v. Nielsen, a pending federal court case, the Department of Homeland Security (DHS) has extended temporary protected status (TPS) for four countries: Sudan, Nicaragua, Haiti, and El Salvador. Consistent with the court order, DHS has published its plan for compliance in the Federal Register.

Sudanese TPS holders originally were scheduled for their TPS to expire on November 3, 2018, and that of Nicaraguan TPS holders was set to expire on January 5, 2019. DHS automatically has extended TPS status for individuals from both of these countries until April 2, 2019.

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DHS Grants Temporary Extension of TPS for Four Countries

DHS has not yet issued a further extension for TPS holders from either Haiti or El Salvador, as those TPS designations are not set to expire until July 22, 2019 and September 9, 2019, respectively. However, DHS indicated that it would issue further guidance as needed pending the duration of the litigation. So long as the preliminary injunction in the court case remains in place, DHS stated that it will continue to automatically extend TPS for all four countries as needed. The next time that it will address the issue, assuming that the litigation is still pending, is approximately 30 days prior to August 2, 2019, or the current extended deadline for Sudanese and Nicaraguan TPS holders.

TPS holders do not need to take any further action at this time to re-register or pay any fees. There is, however, the possibility of late re-registration for those individuals who may have not re-registered due in whole or in part to the termination notices that they received or the extension of TPS for Haiti.

DHS also has made it clear that if the preliminary injunction in the pending litigation is lifted, TPS will terminate for individuals from these countries 120 days following the date of the court order lifting the injunction, or the date that expiration of TPS already is scheduled to occur, whichever is later.

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