November 2022 Update on TPS Protection

The Department of Homeland Security, “DHS” 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 the 2013 Sudan designation will retain their TPS protection while the preliminary injunction in the case tilted Ramos v. Wolf and the order staying proceedings in the case tilted Bhattarai v. Nielsen, both remain in effect. We previously discussed the litigation surrounding termination of TPS designation for these countries here. With an update where We recently discussed the effects of the pending litigation regarding TPS for these countries here.

As a result of this announcement, TPS beneficiaries from these countries will continue to maintain TPS protection as long as they remain individually eligible for TPS protection. Furthermore, their Employment Authorization Document “EAD” will be automatically extended to June 30, 2024. DHS also explained that if a TPS beneficiary from one of these countries prefers to have an EAD with the extended June 2024 expiration date, they can apply to USCIS for an updated work authorization although it is not required maintain work authorization privileges.

As we have previously noted, this announcement affects the countries specifically mentioned in this post. There are several other countries designated for TPS protection that are not subject to this litigation are likely required to both re-register their status and apply for an EAD when the time comes. If your status is expiring, you should consult with an immigration attorney to confirm whether a renewal also known as a reregistration is required. We have also discussed the eligibility requirements here.