Washington, D.C. USCIS will publish Federal Register notice on December 9, 2020 about the Temporary Protected Status (TPS). This notice will extend the continuation of TPS for Beneficiaries of TPS designations for Nepal, Honduras, El Salvador, Haiti, Nicaragua and Sudan for nine months through OCTOBER 4, 2021, from the current expiration date of January 4, 2021 while the preliminary injunction in Ramos and the 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order remain in effect, provided that an alien’s TPS is not withdrawn because of individual ineligibility.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”).
This notice ensures Department of Homeland Security’s (DHS)continued compliance with various court orders issued by the federal district courts in the Ramos, et al. v. Nielsen, et. al. (No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), Bhattarai , et al. v. Nielsen, et al. (No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019), and Saget, et. al., v. Trump, et. al. (No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) lawsuits that require DHS to maintain the TPS designations for El Salvador, Haiti, Sudan, Nicaragua, Honduras, and Nepal, as well as the TPS and TPS-related documentation for eligible affected beneficiaries. 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 decision to designate, extend, or terminate TPS is not subject to judicial review. However, the appellate order is not currently effective because the Ninth Circuit has not issued any directive to carry out the order to the federal district court (Ramos, et al., v. Wolf, et al., No. 18-16981 (9th Cir., September 14, 2020). 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 district court’s 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.
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.
You can contact us at (+1) 202 600 7742, or email us at email@example.com if you will have any question on this topic. You can also reach us to learn about our legal services or complete the Form to request an Attorney Consultation at adhikarilaw.com/contact/schedule-a-consultation/