USCIS Memo to DHS recommending termination of Haiti's TPS Designation

USCIS issued a memorandum to the Department of Homeland Security ("DHS") on April 24, 2017 recommending DHS terminate the designation for Temporary Protected Status ("TPS") for Haiti, as the agency concluded that the conditions in Haiti no longer support its designation. USCIS recommended that the effective termination date be set for January 22, 2018. The memo states "[USCIS] has concluded that the specific extraordinary and temporary conditions stemming from the 2010 earthquake which caused Haiti to be initially designated for TPS and to be redesignated in 2011 have been largely ameliorated. Those myriad problems remaining in Haiti are longstanding problems which have existed for many years before the 2010 disaster. Haitian nationals may safely return to Haiti ..."  

USCIS's memo included its recommendations to DHS on how to treat Haitian nationals in the U.S. on TPS: "If you determine that Haiti no longer continues to meet the statutory requirements for its TPS designation, you must terminate TPS for Haiti. Termination would end TPS benefits for existing Haitian TPS beneficiaries unless you provide for these benefits during a period for orderly transition. Upon the termination of TPS benefits, former beneficiaries without another immigration status or authorization to remain would no longer have permission to work and remain in the United States."

This recommendation from USCIS received a quick response from sixteen Democratic Senators, including Senator Elizabeth Warren of Massachusetts and Senate Minority Leader Charles Schumer of New York, urging DHS Secretary John F. Kelly and U.S. Secretary of State Rex Tillerson to extend the benefit despite USCIS's recommendation. DHS has not commented on USCIS's recommendation. Since the release of that memo, the Associated Press is reporting the Trump administration has begun hunting for evidence of crimes committed by Haitian immigrants as it decides whether to continue the TPS designation. In its report, the AP stated, "The request for criminal data for an entire ethnic community is unorthodox...Introducing new criteria is likely to cause consternation among law-abiding Haitians who may feel they are being penalized for the wrongdoing of others." We will continue to closely monitor the situation in the coming weeks and provide updates on our website.

EADs for Salvadoran TPS recipients extended until September 9, 2017

On March 6, 2017, the Secretary for the Department Homeland Security automatically extended the Employment Authorization Documents ("EADs") of Salvadorans currently granted Temporary Protected Status ("TPS") for an additional six months. The new period of EAD validity runs until September 9, 2017. Note that this action does not extend the current validity period of TPS for El Salvador, currently set to expire on March 9, 2018. For additional information, please visit the USCIS TPS website.

DHS announces redesignation of TPS for Yemen & extension for Somalia

USCIS recently announced Temporary Protected Status ("TPS") for Yemen and Somalia will be extended for an additional 18 months. For Yemen, the extension is effective March 4, 2017 through September 3, 2018, and the re-designation allows eligible nationals of Yemen to register for the first time or to re-register for TPS. For Somalia, the extension is effective March 20, 2017 through September 17, 2018, and applicants can re-register for TPS during the 60 days registration period that runs until March 20, 2017.

For more information please visit USCIS's TPS website.

TPS Extended for Nepal

USCIS recently announced Temporary Protected Status ("TPS") for Nepal will be extended for an additional 18 months, effective December 25, 2016, through June 24, 2018. Current beneficiaries who wish to extend their TPS must re-register during the 60-day period that is open now through December 27, 2016. USCIS will automatically extend current TPS Nepal employment authorization documents (EADs) with a December 24, 2016 expiration date for six months. For more information please visit USCIS's TPS website for more details.

TPS update: designation for Guinea, Liberia & Sierra Leone ending

The Department of Homeland Security ("DHS") in coordination with other government agencies recently concluded that conditions in Guinea, Liberia, and Sierra Leone no longer support their designation for Temporary Protected Status ("TPS"). 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, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen.

Pursuant to a DHS Notice in the Federal Register, individuals who obtained TPS based on the designations of Guinea, Liberia, and Sierra Leone have received an automatic but limited extension of TPS until May 21, 2017.  Furthermore, the Notice extends the validity of Employment Authorization Documents ("EAD") issued to those same individuals to May 21, 2017, so affected individuals do not need to file any additional applications to extend their TPS or EAD cards. Foreign nationals in the U.S. from Guinea, Liberia and Sierra Leone who have filed for TPS should seek guidance with immigration professionals now to avoid a potential lapse in status once the period of TPS terminates.  For more information about TPS generally and the termination of TPS for these three countries, please visit the USCIS TPS website.

Temporary Protected Status extended for El Salvador and Syria

On July 8, 2016, Secretary of Homeland Security Jeh Johnson announced that Temporary Protected Status ("TPS") for El Salvador has been extended for an additional eighteen-month period. The new period will now expire on March 9, 2018.  Applications for TPS extension must be received between July 8, 2016 and September 6, 2016. Salvadorans who already have TPS and who also have employment authorization will receive an automatic extension to their Employment Authorization Document ("EAD") for an additional six months upon applying for a new EAD. In order to qualify for TPS, applicants must prove they are Salvadoran nationals and that they have continuously resided in the United States since February 13, 2001.
 
Similarly, Secretary Johnson announced on August 1, 2016 that TPS for Syria has been re-designated and extended. Re-designation means that nationals of Syria may register for TPS for the first time if they have continuously resided in the U.S. since August 1, 2016 and will be able to show they have been physically present in the U.S. since October 1, 2016 (the effective date of the re-designation). USCIS will accept initial applications from Syrian nationals for TPS from August 1, 2016 until January 30, 2017. Syrian nationals who have already been granted TPS may extend their TPS for an additional eighteen months but must apply for the extension during the re-registration period that runs from August 1, 2016 through September 30, 2016. A complete explanation of the eligibility requirements can be found on the USCIS TPS website. 

USCIS announces TPS extended for Nicaragua and Honduras

USCIS recently announced Temporary Protected Status ("TPS") for Nicaragua will be extended for an additional 18 months, effective July 6, 2016, through January 5, 2018. Current beneficiaries who wish to extend their TPS must re-register during the 60-day period that is open now through July 15, 2016. USCIS will automatically extend current TPS Nicaragua employment authorization documents (EADs) with a July 5, 2016 expiration date for six months. For more information please visit: https://www.uscis.gov/news/news-releases/temporary-protected-status-extended-nicaragua.
 
In addition, USCIS announced TPS for Honduras will also be extended for an additional 18 months, effective July 6, 2016, through January 5, 2018. Current beneficiaries from Honduras seeking to extend their TPS must re-register during the 60-day period that is open now through July 15, 2016. USCIS will automatically extend current TPS Honduras employment authorization documents (EADs) with a July 5, 2016 expiration date for six months. For additional details, please visit: https://www.uscis.gov/news/news-releases/temporary-protected-status-extended-honduras.

TPS update: Sudan, South Sudan, Yemen and proposal for adding several Central American countries

Secretary of Homeland Security Jeh Johnson has announced several important designations and deadlines related to Temporary Protected Status ("TPS") for nationals from Sudan, South Sudan, and Yemen: 

• On January 25, 2015, DHS announced it was extending TPS for nationals of Sudan.  Current TPS Sudan beneficiaries who wish to extend their TPS status must re-register during a 60-day period that runs from January 25, 2016 through March 25, 2016.
• On that same day, Secretary Johnson announced redesignation and extension TPS for nationals from South Sudan. Current TPS beneficiaries from South Sudan have until March 26, 2016 to re-register, and new applicants for TPS from South Sudan must apply by July 26, 2016 and prove they are either South Sudanese nationals or persons without nationality who last habitually resided in South Sudan with continuous residence in the U.S. since January 25, 2016 and continuous physical presence in the U.S. since May 3, 2016.
• Yemen was designated for TPS on September 3, 2015 and the registration period runs through March 1, 2016, so applicants from Yemen have less than a month remaining to apply. 

Also on January 25, 2016, a group of 273 civil rights, labor rights, faith-based, immigrant, human rights, humanitarian, and legal service organizations sent a letter to President Obama and Secretary Johnson requesting DHS designate El Salvador, Guatemala, and Honduras for TPS.  These three countries, known as the Northern Triangle, have experienced a period of escalating violence that has been visible in the U.S. in light of the huge numbers of refugees (particularly minor children) fleeing the Northern Triangle countries.  Iandoli Desai & Cronin P.C. will post news and updates from the White House or DHS regarding this request and any agency action on this page: www.iandoli.com/newsandupdates.