The Trump administration attempted to terminate the Temporary Protected Status (TPS) designations for beneficiaries from six countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Lawsuits challenging these terminations were filed, and a judge issued a preliminary injunction blocking the TPS terminations while the litigation was pending. Ramos, et al. v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. October 3, 2018). To comply with the court’s injunction, the Department of Homeland Security (DHS) published a Notice in the Federal Register on Nov. 16, 2022, that automatically extended TPS and TPS-related documents until June 30, 2024, for existing beneficiaries from those six countries.

The Biden administration formally rescinded the terminations, and the litigation has been dismissed. While his administration may extend or redesignate TPS for certain countries, it will not grant any further automatic extensions pursuant to the Ramos preliminary injunction.

The Biden administration redesignated Haiti and Sudan for TPS, which allowed existing TPS beneficiaries to extend their status and newly eligible individuals to apply for TPS. We encourage eligible individuals from Haiti and Sudan to register under the new designations before the close of the registration periods on April 19, 2025, for Sudan and Aug. 3, 2024, for Haiti. Details about initial registration are available here.

In order for individuals from the remaining four countries to retain their TPS status beyond June 30, 2024, we encourage eligible TPS beneficiaries to re-register for TPS and apply to renew their EADs during the re-registration period for their country’s designation below. This will ensure that their TPS continues beyond the automatic extension period without any gaps in status.

Example: Oscar, a citizen of El Salvador, came to the United States in January 2001 after his house collapsed from a devastating earthquake. DHS designated El Salvador for TPS in March 2001 for individuals who could show continuous residence in the United States since Feb. 13, 2001, and continuous physical presence in the United States since March 9, 2001. Oscar applied for and received TPS and an employment authorization document (EAD) under the TPS designation for El Salvador.

Since the country’s original designation in 2001, DHS has repeatedly extended TPS to existing beneficiaries from El Salvador due to continued environmental challenges and other compelling circumstances. To benefit from each extension, existing TPS beneficiaries had to re-register and apply for an extension of their EADs; Oscar made sure to re-register during each re-registration period.

This went on for several years until the Trump administration announced the termination of TPS for El Salvador. Oscar became worried and contacted his attorney. Oscar’s attorney re-screened him to see if he was eligible for more permanent relief, but Oscar remained eligible only for TPS. Oscar learned about the lawsuit that was filed to challenge the termination and the preliminary injunction that kept his TPS status in effect. Although Oscar’s TPS was automatically extended multiple times while the litigation was pending, Oscar’s attorney helped him re-register for TPS and renew his EAD during the re-registration window specified in the extension period for El Salvador to ensure that he didn’t have any gaps in status. Oscar knows other Salvadorans in the United States with TPS who have relied on the automatic extensions and have not re-registered. These individuals should re-register by March 9, 2025, to maintain their TPS status and EADs.

Additional Resources:

• Frequently Asked Questions TPS Re-Registration and Maintaining Employment Authorization for Recipients From El Salvador, Haiti, Honduras, Nepal, Nicaragua, & Sudan
• Frequently Asked Questions: TPS Eligibility and the Application Process