Extension of TPS for El Salvador, Honduras, Nepal, and Nicaragua

President Joe Biden reversed several Donald Trump immigration policies by executive action, marking a stark change in tone from the previous four years of anti-immigrant rhetoric and actions. The Department of Homeland Security (DHS) announced on Tuesday, June 13, 2023 the rescission of the prior Administration’s terminations of the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua and the extension of TPS for these four countries for 18 months whose permanence in the United States was at risk after the Donald Trump Administration (2017-2021) tried to withdraw their immigration benefit. Migrants will now be able to remain legally in the country until 2025. The Temporary Protected Status (TPS) allows you to live and work in the United States without fear of deportation. However, it does not provide a path to permanent residency or citizenship and must be renewed every 18 months. Those who lose protection are at risk of deportation.

Temporary Protected Status Announced

The United States Government extended for another 18 months the Temporary Protected Status (TPS) program, which benefits more than 330,000 migrants from Nicaragua, El Salvador, Honduras and Nepal. Secretary of Homeland Security Alejandro N. Mayorkas said “Through the extension of Temporary Protected Status, we are able to offer continued safety and protection to current beneficiaries who are nationals of El Salvador, Honduras, Nepal, and Nicaragua who are already present in the United States and cannot return because of the impacts of environmental disasters,” he further stated that “We will continue to offer support to them through this temporary form of humanitarian relief.”

The announcement however, disappoints some advocates and members of Congress who sought a more generous offer. US Senator Bob Menendez, a New Jersey Democrat who strongly pressed the White House for extensions, applauded the step but added it "simply does not go far enough" and suggested it "may have been driven in part by political calculations instead of sound policy rationale and the conditions in each country". TPS beneficiaries from Central America are required to have lived in the US more than two decades to be eligible, prompting criticism from advocates that the administration failed to consider recent turmoil in countries including Nicaragua, which last year became one of the top sources of migration to the US.

Existing TPS beneficiaries under the four designations will be able to re-register to continue their TPS for the duration of the 18-month extension once the notices are published. Individuals who entered the United States after the dates of continuous residence for these designations are ineligible for TPS and will be subject to removal if they enter without legal authorization and lack a lawful basis to remain in the United States. The respective dates of continuous residence for El Salvador is February 13, 2001; December 30, 1998 for Honduras and Nicaragua; and June 24, 2015 for Nepal.

El Salvador

DHS is extending the designation of El Salvador for TPS from Sept. 10, 2023, through March 9, 2025. The new extension allows approximately 239,000 current TPS beneficiaries to re-register to retain TPS through March 9, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 9, 2025, must re-register during the 60-day re-registration period from July 12, 2023, through Sept. 10, 2023.

Honduras

Extension for the designation of Honduras for Temporary Protected Status is from Jan. 6, 2024, through July 5, 2025. It will allow approximately 76,000 existing TPS beneficiaries to re-register to retain TPS through July 5, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024.

Nepal

DHS extends Nepal's TPS designation by 18 months, from December 25, 2023, to June 24, 2025. The new extension allows approximately 14,500 current TPS beneficiaries to re-register to retain TPS until June 24, 2025, provided they continue to meet all other TPS eligibility requirements. Existing TPS beneficiaries who wish to extend their status through June 24, 2025 must re-register between Oct. 24, 2023 and Dec. 23, 2023, during the 60-day re-registration period.

Nicaragua

The designation of Nicaragua for Temporary Protected Status will be extended for an additional 18 months, from January 6, 2024, to July 5, 2025. The new extension allows approximately 4,000 current TPS beneficiaries to re-register to retain TPS until July 5, 2025, provided they continue meet all other eligibility requirements. Existing TPS beneficiaries who wish to extend their status through July 5, 2025 must re-register during the 60-day re-registration period between November 6, 2023 and January 5, 2024.

The decisions to rescind the termination of the designations of these four countries for TPS are effective on June 9, 2023. Currently, the Government grants TPS to hundreds of thousands of migrants from 16 countries, including Afghanistan, Ukraine, Venezuela, and South Sudan under the Biden Administration.

TPS has many eligibility requirements, so it is extremely important to consult a competent and experienced immigration attorney. Email Elizee Law Firm at intro@elizeelawfirm.com, our skilled immigration lawyers can answer any questions about TPS and guide you through every step of the process. For more information on how we can assist you, please visit our website at www.elizeelawfirm.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846