The Department of Homeland Security (DHS) announced a Federal Register notice extending the validity of TPS-related documentation for beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan through Jan. 4, 2021.
The notice automatically extends the validity of Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record (collectively, TPS-related documentation). The validity dates for the affected countries are:
| TPS Designation(s) | Current Expiration Date | New Expiration Date |
|---|---|---|
| El Salvador, Haiti, Nicaragua, and Sudan | Jan. 2, 2020 | Jan. 4, 2021 |
| Honduras | Jan. 5, 2020 | Jan. 4, 2021 |
| Nepal | March 24, 2020 | Jan. 4, 2021 |
DHS is extending the TPS documentation in compliance with the preliminary injunctions of the U.S. District Court for the Northern District of California in Ramos, et al. v. Nielsen, et. al. and the U.S. District Court for the Eastern District of New York in Saget, et. al., v. Trump, et. al., and with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen.
Should the Government prevail in its challenge to the Ramos preliminary injunction, the Secretary’s determination to terminate TPS for Honduras, Nepal, Nicaragua, and Sudan will take effect no earlier than 120 days from the issuance of any appellate mandate to the district court. The Secretary’s determination to terminate TPS for El Salvador will take effect no earlier than 365 days from the issuance of any appellate mandate to the Ramos district court. If the Government prevails in its challenge to the Ramos preliminary injunction, TPS for beneficiaries under Haiti’s designation may continue pursuant to the Saget preliminary injunction. However, should the Government prevail in its challenges to both the Ramos preliminary injunction and the Saget preliminary injunction, the Secretary’s determination to terminate TPS for Haiti will take effect no earlier than 120 days from the issuance of the later of the two appellate mandates to the District Court.