Washington, D.C. USCIS published Federal Register notice on September 10, 2021 about the Temporary Protected Status (TPS). This notice will extend the continuation of TPS for Beneficiaries of TPS designations for Nepal, Honduras, El Salvador, Nicaragua and Sudan for nine months through December 31, 2022, from the current expiration date of October 4, 2021 while the preliminary injunction in Ramos, et al. v. Nielsen, et. al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (“Ramos”) and the Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019) (“Bhattarai”) order remain in effect, provided that an alien’s TPS is not withdrawn because of individual ineligibility. The notice will provide automatic extension of the validity of TPS- related Employment Authorization Documents (EADs); Notices of Action (Forms I-797); and Arrival/Departure Records (Forms I-94), (collectively “TPS-related documentation”).
Beneficiaries under the TPS designation for Haiti will retain their TPS while either of the preliminary injunctions in Ramos or Saget remain in effect, provided that their TPS is not withdrawn because of individual ineligibility. On August 3, 2021, DHS had issued a new designation for Haiti TPS, and in order to secure TPS pursuant to the new Haiti designation, eligible individuals must apply before the close of the registration period on Feb. 3, 2023.
The U.S. Court of Appeals for the Ninth Circuit vacated the district court’s preliminary injunction in Ramos on September 14, 2020, holding that the plaintiffs’ claims under the Administrative Procedures Act were not subject to judicial review. However, the appellate order is not currently effective because the Ninth Circuit has not issued its “mandate” to the federal district court to carry out the order, as the plaintiffs’ petition for rehearing en banc remains pending.
Therefore, the Ramos preliminary injunction remains in effect. In addition, the order of the district court in Bhattarai staying proceedings and approving the parties’ stipulated agreement to continue TPS and TPS-related documentation for eligible beneficiaries from Nepal and Honduras remains in effect. The Saget, et. al., v. Trump, et. al. (No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (“Saget”) district court order prohibiting the termination of TPS for Haiti also remains in effect while the decision is on appeal to the U.S. Court of Appeals for the Second Circuit. Affected TPS beneficiaries from the six countries will retain their status, provided they continue to meet all the individual requirements for. As necessary, DHS will publish future information in the Federal Register to ensure its compliance with any relevant court orders that may be issued after the date of this notice.
DHS initially published notices to ensure its compliance with the Ramos preliminary injunction on October 31, 2018 and March 1, 2019, and the Bhattarai order to stay proceedings on May 10, 2019. [83 FR 54764; 84 FR 7103; and 84 FR 20647]. The Department later published a notice to ensure its continued compliance with the combined orders in Ramos, Bhattarai, and Saget on November 4, 2019.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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