Temporary Protected Status (TPS) is a form of humanitarian relief granted to eligible individuals from designated countries that are experiencing conditions such as armed conflict, environmental disasters or other extraordinary and temporary conditions. Beneficiaries of TPS are granted work authorization and protection from deportation while they remain in the United States.
The Department of Homeland Security (DHS) recently posted an update announcing that beneficiaries under Temporary Protected Status (TPS) for the countries of El Salvador, Honduras, Nepal, Nicaragua, and the 2011 Haiti designation and 2013 Sudan designation will retain their TPS protection while a preliminary injunction in the case titled Ramos v. Wolf and an order staying proceedings in Bhattarai v. Nielsen both remain in effect. This is welcome news for many who were facing uncertainty about their status as DHS had previously attempted to terminate these designations by issuing Notices of Termination and Proposed Rules.
The litigation surrounding the termination of TPS designation for these countries has been ongoing, and DHS appears to have taken heed from the multiple decisions that were handed down in favor of TPS beneficiaries. This announcement provides a great relief for many individuals who had been living in uncertainty and fear about their future here in the United States. It is important to note, however, that this announcement does not provide any long-term protection for TPS holders; it remains unclear how DHS will proceed with its efforts to terminate these designations once the injunctions are lifted or expire. Therefore, those impacted by this development should contact an experienced immigration lawyer as soon as possible to discuss their available options going forward.
The continuation of Temporary Protected Status is a positive step towards providing security and stability to many individuals in the United States. However, it is important to remember that this announcement does not provide any long-term protection and further action may be necessary in order to ensure that TPS holders can remain safe, secure and protected. It is imperative for those affected by this development to reach out to an experienced immigration lawyer as soon as possible in order to discuss their available options going forward.
We will continue to monitor developments regarding DHS’s efforts regarding termination of TPS designation for these countries and will provide updates accordingly. In the meantime, please do not hesitate to contact us with any questions you may have about your situation or any other immigration matter.
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December 14, 2022
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