March 1: USCIS publishes second Federal Register Notice automatically extending TPS for Sudan, Nicaragua, Haiti and El Salvador due to court order | CLINIC

March 1: USCIS publishes second Federal Register Notice automatically extending TPS for Sudan, Nicaragua, Haiti and El Salvador due to court order

Home » Temporary Protected Status (TPS) » March 1: USCIS publishes second Federal Register Notice automatically extending TPS for Sudan, Nicaragua, Haiti and El Salvador due to court order

 

March 1: USCIS publishes second Federal Register Notice automatically extending TPS for Sudan, Nicaragua, Haiti and El Salvador due to court order
 

On Oct. 3, 2018, a preliminary injunction was issued in the Ramos v. Nielsen case, temporarily halting the Department of Homeland Security’s, or DHS, termination of Temporary Protected Status, or TPS, for Sudan, Nicaragua, Haiti and El Salvador.
 

DHS published the first steps of its plan for compliance with this injunction in the Federal Register on Oct. 31, 2018. On March 1, 2019, DHS announced the extension of TPS designations for Sudan, Nicaragua, Haiti and El Salvador through Jan. 2, 2020, as required by the court order. As long as the preliminary injunction remains in effect, the next Notice will be due approximately 30 days before Jan. 2, 2020.
 

Analysis of the March 1, 2019 Federal Register Notice:
 

Eligible TPS holders from all the countries covered by the Ramos preliminary injunction receive an automatic extension of TPS and related documents until Jan. 2, 2020 as long as the preliminary injunction remains in place.

  • TPS and related documentation (Forms I-797 Notice of Approval, Employment Authorization Documents, and Forms I-94 Arrival/Departure Record) are automatically extended for all countries covered by the Ramos preliminary injunction: El Salvador, Haiti, Nicaragua and Sudan.
  • This automatic extension applies to eligible TPS holders from El Salvador, Haiti, Nicaragua and Sudan provided an individual TPS holder’s status is not withdrawn under INA section 224(c)(3) or 8 CFR 244.14 because of ineligibility.
  • Eligible TPS holders do not need to pay a fee or file an application to receive the automatic extension of TPS and related documents through Jan. 2, 2020.
     

Work authorization:
 

  • Eligible TPS holders will not need to apply for a new EAD in order to receive the automatic extension until Jan. 2, 2020.
  • If eligible TPS holders wish to receive a new EAD with an expiration of Jan. 2, 2020 on its face, they must apply for a new EAD (Form I-765) and pay the fee or apply for a fee waiver. In making this decision, TPS holders should note that TPS processing times have been severely delayed.
  • If TPS holders had a TPS application (Form I-821) and/or EAD (Form I-765) pending as of April 2, 2019, then they should not apply for a new EAD. If the pending application is approved, an EAD with a Jan. 2, 2020 expiration date will be issued.
     

Future action and Federal Register Notices related to this preliminary injunction:
 

  • TPS for Sudan, Nicaragua, Haiti and El Salvador will remain in effect so long as the Ramos preliminary injunction is in place. Note, the preliminary injunction decision is currently being challenged by the government in an appeals court.
  • If the preliminary injunction remains in place at the end of the current automatic extension (through Jan. 2, 2020), DHS will issue another automatic extension for an additional nine months. The announcement of that extension will be announced approximately 30 days before Jan. 2, 2020, if applicable.
  • In the event the preliminary injunction is removed and DHS is permitted to terminate TPS for the four countries, a termination would go into effect either: 1) 120 days after the court order permitting the termination; or 2) on the previously announced termination date for the country (whichever date is later).
     

Impact of other TPS litigation:
 

  • TPS holders and legal practitioners should be advised and aware that outcomes from other TPS cases could impact the Ramos preliminary injunction.


Three recommended outreach steps to take now:
 

  1. Immigration legal services providers are encouraged to contact Salvadoran, Haitian, Sudanese and Nicaraguan TPS holders immediately to advise them of this Notice, assess their eligibility for continued status, and screen for more permanent immigration benefits.
     
  2. Legal practitioners should conduct outreach regarding the availability of late re-registration. According to DHS’s report to the Court: “any late re-registration applications for the affected populations will take into account the circumstances related to the termination notices. USCIS adjudicators will give presumptive weight to whether the delay in filing for re-registration was due in whole or in part to the termination notices or the May 24, 2017 extension of the designation of Haiti when determining whether good cause has been met. If the individual’s claim to have delayed filing for this reason is credible, it will be considered a presumptive factor in favor of a ‘good cause’ finding, but all relevant factors must be considered by the adjudicator.”
     
  3. Outreach should be done to combat fraud and the unauthorized practice of immigration law related to DHS’ TPS decisions and the corresponding litigation. Eligible Salvadoran, Haitian, Sudanese and Nicaraguan TPS holders should be advised that the extension is automatic (no re-registration or fees needed).

 
Tuesday, November 27, 2018 - 11:00am