Temporary Protected Status will be extended for up to four countries while court hears challenge to DHS


The Department of Homeland Security has published plans to comply with a U.S. federal district court’s injunction that halts the termination of Temporary Protected Status for Sudan and Nicaragua, and a date for potential extensions for Haiti and El Salvador has been set. Sudan and Nicaragua were set to expire on November 3, 2018 and January 5, 2019 respectively, and TPS has been extended through April 2, 2019. The other two countries are set to expire July 22, 2019 and September 9, 2019, but will likely see extensions if the court has not made a final decision by those dates.

In terms of how this will work: current Sudanese and Nicaraguan TPS holders will receive automatic renewals through April 2, 2019 if they re-registered during the required period, and pending TPS applicants that are approved will get the extension as well. Likewise, for Employment Authorizations Documents, Nicaraguan nationals in categories A-12 and C-19 with January 5, 2018 or 2019 expiration dates will receive automatic work reauthorization through April 2, 2019, and the same is true for Sudanese in those categories with November 2, 2017 or 2018 expirations. If the case is not decided or the injunction is not lifted by April 2, 2019, a further nine-month extension will be issued for all four countries.

At this time, it is prudent for TPS holders to consult with credible immigration attorneys when applying for EADs or driver’s licenses, if they are late re-registrants, and for other TPS legal needs. These are complex and time-sensitive issues, and bad advice from unqualified sources can lead to disaster.

For more details on the extension, please see: https://cliniclegal.org/resources/oct-31-dhs-issues-federal-register-notice-continue-tps-four-countries-under-court-order