DHS Extending Temporary Protected Status Designations for Select Countries

On June 13, 2023, the Department of Homeland Security (DHS) announced the rescission of the Trump administration’s terminations of the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua. DHS also announced an 18-month extension for these countries.

Established by the U.S. Congress in 1990, TPS is a program that gives migrants from home countries that are considered unsafe the ability to live and work in the U.S. for a period of up to 18 months. Those that receive TPS are not considered U.S. citizens nor are they deemed to be lawful permanent residents, but TPS holders can apply for those designations.

The Secretary of Homeland Security may designate a country for TPS due to three temporary conditions in the country:

1. There is an ongoing armed conflict (such as a civil war);
2. There is an environmental disaster (such as a hurricane or earthquake); or
3. Other extraordinary and temporary conditions.

For an individual to be eligible for TPS, they must:

1. Be a national of a country that the Secretary of Homeland Security has designated for TPS, or a person without a nationality who last habitually resided in the designated country;
2. File during the open initial registration or re-registration period;
3. Have been continuously physically present in the U.S. since the effective date of the most recent designation date of their country; and
4. Have been continuously residing in the U.S. since the date specified for their country.

As for this recent extension by the DHS and Secretary of State Mayorkas, each designated country will be receiving an additional 18 months, the maximum period allowed, to their TPS designation.

• El Salvador will now have TPS designation from September 10, 2023, through March 9, 2025.
• Honduras will now have TPS designation from January 6, 2024, through July 5, 2025.
• Nepal will now have TPS designation from December 25, 2023, through June 24, 2025.
• Nicaragua will now have TPS designation from January 6, 2024, through July 5, 2025.

Altogether, the extension of TPS status will allow approximately 333,500 people from those countries to re-register to retain their TPS through their countries’ respective designation dates. For each country’s 60-day re-registration periods, when those with TPS will be able to re-register, please see DHS’s announcement.

For More Information:

You can read the announcement from the Department of Homeland Security here.

To find out more about TPS, you can visit the USCIS website.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.