Temporary Protected Status, or TPS, is a program the U.S. government created in 1990. It allows people who are already in the United States to remain here and work instead of returning home to an unstable or dangerous country. Currently, 15 countries are designated for TPS.
The Trump administration allowed TPS for El Salvador, Nicaragua, Honduras, Nepal, Haiti and Sudan to expire. It said that conditions in all of those countries had improved sufficiently to allow the safe return of their nationals. The Biden administration extended TPS for Haiti and Sudan but not for El Salvador, Nicaragua, Honduras or Nepal.
It seemed like people from these four nations would be forced to return home even though many argue that conditions have not actually improved. If TPS ran out, they could be deported.
Judge rules that TPS for the four nations must continue through June 2024
Now, people from the four countries who are already on TPS have a reprieve. A group of people from the four countries filed a federal civil rights lawsuit to prevent TPS from expiring for them. They argued that the conditions in their countries still too dangerous.
The judge in that civil rights lawsuit has ordered TPS to remain in effect for the four countries through at least June 2024. The Department of Homeland Security has announced that the program will continue until then and that employment authorization documents (EADs) will be automatically extended. This will affect more than 335,000 people, according to NPR.
Failed to re-register for TPS? You may still qualify
According to the U.S. Citizenship and Immigration Services (USCIS), citizens of El Salvador, Nicaragua, Honduras and Nepal who are already TPS beneficiaries do not have to take any action. Your employment authorization documents have been automatically extended through June 30, 2024. At that time, you will need to determine if the legal situation has changed.
However, if you are a citizen or habitual resident of one of these countries and have not re-registered for TPS, you can still re-register now with an explanation for why you failed to do so. The USCIS will determine whether you had good cause not to re-register on time.
If you live in one of the four affected countries and need to re-register, contact Yew Immigration Law Group. We can help you make a compelling argument for why you have good cause for renewing late.