On Nov. 16, 2022, the Department of Homeland Security or DHS, published a Federal Register Notice automatically extending Temporary Protected Status, or TPS, for an additional 18 months for eligible nationals of El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal. To ensure compliance with the Ramos preliminary injunction, this extension allows currently eligible TPS beneficiaries from these six countries to retain TPS and employment authorization through June 30, 2024. The previous automatic extension for affected TPS beneficiaries was set to expire on Dec. 31, 2022.    

Note that this automatic extension does not apply to all Haitian and Sudanese TPS beneficiaries. Those who received their status under the 2011 Haiti designation or the 2013 Sudan designation benefit from the automatic 18-month extension of TPS and related documentation, such as employment authorization documents, or EADs; Notices of Action (Forms I-797); and arrival/departure records (Forms I-94), from Dec. 31, 2022, through June 30, 2024. However, Haiti was redesignated for TPS on Aug. 3, 2021, and Sudan was redesignated for TPS on April 19, 2022. Both designations were issued for 18 months, allowing eligible individuals covered by the Ramos and Saget injunctions, as well as other newly eligible individuals, to register for and maintain TPS through Feb. 3, 2023, and Oct. 19, 2023, respectively. 

Haitians and Sudanese who received their initial TPS status during the respective 2021 or 2022 redesignation and did not previously hold TPS are not eligible for the recent extension; they must wait to see whether the 2021 Haiti designation and/or the 2022 Sudan designation will be extended before deciding whether to re-register. As the 2021 TPS designation for Haiti nears its expiration, CLINIC and other advocates urge DHS to extend the current designation and redesignate Haiti for an additional 18 months.   

See CLINIC’s Frequently Asked Questions: TPS Terminations and the Ramos v. Mayorkas Litigation for more information about the automatic extension and the latest developments in the Ramos litigation.