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11.08.19

DHS extends TPS documents for six countries

BY Jason Gerrol

In a notice dated November 4, 2019, the Department of Homeland Security (DHS) announced that beneficiaries covered by the Temporary Protected Status (TPS) programs for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan will retain their TPS protections while various court injunctions remain in place, and that TPS-related documents, such as Employment Authorization Documents (EADs), will remain valid through January 4, 2021.

The Trump administration had previously announced its decisions to terminate the TPS designations for nationals of Sudan, Nicaragua, Haiti, El Salvador, Honduras and Nepal, and those decisions were subsequently challenged in several lawsuits resulting in nationwide injunctions blocking the Trump administration from terminating TPS for these countries. As a result of those injunctions, the validity of TPS-related EADs and related immigration documents for TPS beneficiaries from Sudan, Nicaragua, Haiti and El Salvador were extended through January 2, 2020, while TPS-related documents for nationals of Nepal were extended through March 24, 2020, and for nationals of Honduras through January 5, 2020.

The November 4, 2019 notice further extends the validity of TPS-related documents for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan through January 4, 2021. In addition, the notice clarifies that should the Trump administration prevail in its challenges to the various injunctions, terminations of TPS for Haiti, Honduras, Nepal, Nicaragua and Sudan will take effect no earlier than 120 days from the final court order lifting the injunction(s). However, should the administration prevail in the case involving El Salvador, termination of TPS for that country will take effect no earlier than 365 days from the final court order as a result of a new bilateral deal between El Salvador and the U.S.

TPS beneficiaries from these countries should therefore consult with immigration counsel regarding the TPS designation for their respective countries, as well as any requirements to re-register for TPS.

Furthermore, the November 4, 2019, notice provides employers with instructions regarding acceptable Form I-9 documents for TPS beneficiaries, which are also summarized here

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Jason Gerrol

Of Counsel

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