Termination of TPS Halted for Honduras and Nepal

SUMMARY

The Department of Homeland Security (DHS) has agreed to stay the termination of temporary protected status (TPS) for Honduras and Nepal pending the outcome of Ramos v. Nielsen. In addition to the stay, DHS has also agreed to extend the validity of employment authorization documents for TPS beneficiaries from Nepal through March 24, 2020.

 
FREE EXCERPT

The Department of Homeland Security (DHS) has agreed to stay the termination of temporary protected status (TPS) for Honduras and Nepal pending the outcome of Ramos v. Nielsen. In addition to the stay, DHS has also agreed to extend the validity of employment authorization documents for TPS beneficiaries from Nepal through March 24, 2020.

The announcement was made in the Federal Register pursuant to the terms of a court order of the U.S. District Court in the Northern District of California in Bhattarai v. Nielsen, a case challenging the termination of TPS for Honduras and Nepal. Because the issues raised in Bhattarai so closely mirror those raised in Ramos (a similar case that challenges the termination of TPS for El Salvador, Haiti, Nicaragua, and Sudan), the parties in Bhattarai agreed to stay the proceedings pending the outcome in Ramos. For now, this means that DHS may not enforce or implement the termination of TPS for any of the six affected countries covered by the Ramos and Bhattarai lawsuits (El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan).

Automatic Extensions of TPS-Related Documents While Ramos Is Pending

Currently, TPS beneficiaries from the affected countries are authorized to stay in the United States and continue working through the dates listed below (assuming the beneficiary continues to meet eligibility requirements for the program). DHS will publish a notice in the Federal Register approximately 45 days prior to the dates listed below, automatically extending the validity of TPS-related documents (including employment authorization documents, Form I-797 approval notices, and Form I-94 arrival and departure records) for beneficiaries from each affected country if Ramos has not yet been decided.

Country Good Through Date
El Salvador January 2, 2020
Haiti January 2, 2020
Honduras January 5, 2020
Nepal March 24, 2020
Nicaragua January 2, 2020
Sudan January 2, 2020

Post-Ramos Transition Period

If DHS is ultimately allowed to proceed with the termination of TPS, for any or all of the countries, the agency will provide a transition period to allow for the affected TPS beneficiaries to get their affairs in order. TPS designations for the individual countries would end the later of either:

  1. 120 days following the issuance of any mandate to the district court, or
  2. on the previously announced termination date for the respective country.

The...

To continue reading

REQUEST YOUR TRIAL