In November 2020 the Department of Homeland Security (DHS) had an astonishing announcement in regards to Temporary Protected Status (TPS) residents. This notice will now extend the validity of TPS documentation for those in El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan until January 4, 2021.
This will also extend Employment Authorization Documents including:
- Forms I-797
- Notice of Action
- Forms I-94, Arrival/Departure Record
For the TPS designation extensions applying to El Salvador, Haiti, Nicaragua, and Sudan, the expiration date of Jan 2, 2020, has moved back a year to now expire on January 4, 2021. Honduras has moved from January 5, 2020, to the new January 4, 2021 date. Along with Nepal’s March 24, 2020 expiration is also included in the January 4, 2020 expiration date.
These are all the effects due to 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., along 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 succeed in challenging the Ramos preliminary injunction, the previous decision to terminate TPS for Sudan, Honduras, Nicaragua, and Nepal will take effect after 120 days from the issue of all appellate mandates to the district court. For El Salvador, it will be no earlier than 365 days from the appellate mandate to the Ramos district court. For Haiti, it will be no earlier than 120 days if the Government prevails in its challenge to both Ramos and Saget’s preliminary injunction.