Status of Temporary Protected Status

Submitted by micol on Fri, 12/01/2017 - 12:51

Acting Department of Homeland Security Secretary Elaine Duke announced on November 6, 2017 the Department has decided to terminate Temporary Protected Status ("TPS") for Nicaraguans and has postponed a final decision on TPS for Hondurans. The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, including in the event of ongoing armed conflict, an environmental disaster or epidemic, or other extraordinary or temporary conditions. Other countries currently designated for TPS include El Salvador, Haiti, Somalia, Syria, and Yemen.
 
Currently, there are approximately 2,500 Nicaraguans in the U.S. with TPS, many of whom have U.S. citizen spouses and children, in addition to businesses and employers relying on their continued employment. For Hondurans the numbers are even more significant - approximately 57,000 have TPS. Based on the DHS announcement, Nicaraguans cannot re-file for TPS and their protections and work authorization in the U.S. will expire in January 2019. For Hondurans the numbers are even more significant - approximately 57,000 have TPS.  For now, Hondurans will receive another 6 months of TPS while DHS makes its decision that will have a much more widespread impact. A new request for work authorization (Form I-765) must be filed for the extension (Honduras) and termination (Nicaragua) periods if those applicants wish to extend their right to work. 
 
Other foreign nationals are awaiting news on the future of TPS, including Haitians (approximately 50,000 in the U.S. with TPS) and Salvadorans (nearly 200,000 in the U.S. with TPS) who have upcoming expirations of their temporary protected statuses if DHS does not extend the program for their nations. Please watch our upcoming newsletters for more details on upcoming TPS expirations and possible extensions.

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