Washington, D.C. The U.S. Department of Homeland Security will post official Federal Register notice tomorrow (has posted FR notice) on the termination of Temporary Protected Status for Nepal. After reviewing country conditions and consulting with the appropriate interagency partners, Secretary of Homeland Security Kristi Noem claims that conditions in Nepal no longer meet the statutory requirements for TPS. Nepal has been facing political turmoil and had a major landslides and inundations which washed off major national highways and bridges. It is not clear if the administration conferred with the Government of Nepal about this decision which could ensure a smooth repatriation or the transition for the people.
The TPS designation for Nepal will terminate at 11:59 PM on August 5th, 2025, 60 days after the official publication of Federal Register notice. If one is a beneficiary of TPS Nepal, one should prepare to return to Nepal, seek change of status or adjust status timely. One can use the CBP Home mobile application if one intends to depart the United States. There might be other immigration benefit requests the TPS beneficiary could make before the designation period ends. One should seek a legal counsel before making a decision.
Earlier the Biden administration had rescinded prior Trump Administration’s terminations of TPS Designations for El Salvador, Honduras, Nepal, and Nicaragua and which had further extended the TPS designations periods for these countries and through June 24th 2025 for Nepal.
Under prior Trump Administration, the former DHS Secretary Nielsen had ordered to terminateTPS for Nepal which received injunctions from federal court based on a federal court case of Bhattarai v. Nielsen, No. 19-cv-731 (N.D. Cal). Subsequently, USCIS published federal register notices (notice, notice, notice) extending TPS for beneficiaries of TPS designations for Nepal, Honduras, El Salvador, Haiti, Nicaragua and Sudan. Later Biden Administration rescinded prior Trump Administration’s termination of TPS designations for El Salvador, Honduras, Nepal, and Nicaragua.
Earlier the government had terminated TPS for several other countries such as Afghanistan, Cameroon too and issued vacatur notices for Haiti and Venzuela.
In May, the U.S. Supreme Court had granted the government’s emergency stay of Judge Edward Chen’s postponement of TPS termination order in National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. Mar. 31, 2025). Previously, DHS Secretary issued notice to terminate TPS under the 2023 designation for Venezuela. Apex court stayed the postponment pending the disposition of the government’s appeal in the United States Court of Appeals for the Ninth Circuit.
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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