A previous federal court decision that allowed the ending of Temporary Protection Status (TPS) for individuals from El Salvador, Haiti, Sudan, and Nicaragua has been overturned. In addition, a federal appeals court agreed to revisit the 2020 ruling that gave the U.S. government the ability to revoke TPS. The TPS program allows individuals to remain in the U.S., giving them deportation protection and work permits as their home countries are facing war, disasters, or humanitarian crises. Over 300,000 immigrants are possibly affected.

The original finding, in 2020, gave then-President Trump the power to terminate TPS status for individuals from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. In this current review, all active judges in the 9th Circuit court will hear the matter. Previously a panel of 3 judges considered the issue.

The 2020 ruling never went into effect as TPS holders filed immediately for the matter to be reheard. In 2021, the filing was put on hold so the Biden Administration could negotiate with the attorneys representing the TPS holders. Among the items discussed included a path to permanent legal resident status. The discussion failed in October 2022. The Biden Administration stated it will allow individuals from these particular countries to retain their work permits and deportation protection for a minimum of one full year after the government is given the right to end TPS, or June 30, 2024, whichever is later.

The Biden administration has expanded the TPS program protections during his tenure to date. The TPS program does not give individuals a path to permanent residency or citizenship. If someone loses their TPS status, they may become eligible for deportation unless they are given a different immigration benefit.

If you have questions about Temporary Protected Status or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing U.S. immigration policy to ensure our clients get the right advice for their particular situations.

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