Deportation protection and work permits for an estimated 337,000 immigrants from El Salvador, Honduras, Nepal, and Nicaragua and qualifying individuals from Haiti and Sudan, are extended through the summer of 2024 under a TPS extension, per the Biden Administration. A pending legal decision may have caused the Temporary Protected Status (TPS) holders’ status to expire in the next year. This preemptive move allows individuals who already have TPS status to retain that status through the date provided.
The Department of Homeland Security (DHS) announced the update through a notice on Thursday, November 10, 2022. Current TPS holders from these countries are now permitted to stay in the U.S. and continue working legally through at least June 2024. TPS holders from El Salvador, Honduras, Nepal, and Nicaragua are now able to retain their work permits and protections from deportation for a minimum of 365 days after DHS is allowed to end the TPS program or until June 30, 2024, whichever date is the latest. Some Haitian and Sudanese immigrants also qualify for the extension and are also able to apply for work permits and deportation protection under previously announced Biden administration policies, which are not subject to federal court litigation.
The Trump administration set a policy to terminate the legal status of hundreds of thousands of TPS holders. As part of their effort to reform immigration, the Trump administration tried to end TPS eligibility for individuals from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. However, litigation in federal courts claimed the policy was not properly justified, putting the policy on hold. A 9th circuit decision found the TPS program could be terminated. Subsequently, the Biden administration requested the court to rehear the case, including all judges, or ‘en banc’. The TPS extension protects these individuals through this next legal battle.
While waiting for the decision as to whether or not the 9th circuit will rehear the case, the Biden administration announced this TPS extension to stop the deportation of TPS holders. Currently, the decision as to the TPS program rests with the 9th Circuit to determine if they will grant or deny the request to hear the case again.
The TPS program started in 1990 in an effort to provide deportation relief for individuals who face armed conflict, natural disasters, or humanitarian crises if returned to their home countries.
Per U.S. Citizenship and Immigration Services (USCIS), there were 241,699 Salvadorians, 76,737 Hondurans, 14,556 Nepalis, and 4,250 Nicaraguans with TPS status at the end of 2021.
While TPS allows individuals to work in the U.S. with no concerns over deportation, there is no path to legal permanent resident or citizenship. Individuals who lose their TPS status can either apply for a different immigration benefit or are then subject to deportation.
If you have questions about the TPS program or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing immigration updates to ensure our clients get the right advice.
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