The Temporary Protected Status or TPS in short, offers temporary US immigration status to people affected by natural disasters, armed conflict or some other extraordinary event in their own countries. People who receive Temporary Protected Status are also allowed to apply for a US work permit together with their TPS application. That allows many TPS recipients to be employed and support themselves while in the United States.
In 2017 and 2018, the Department of Homeland Security (DHS) terminated TPS for citizens of four countries, including El Salvador, Nicaragua, Haiti and Sudan.
A lawsuit was filed by several TPS beneficiaries from the aforementioned countries in order to stop the implantation of the DHS orders. The case reached the U.S. Court of Appeals, and on Sept. 14, 2020, the court vacated an injunction, put in place by the lower district court, that prohibits DHS from terminating Temporary Protected Status (TPS) for citizens of the four countries. However, because the US appellate court did not issue its directive to the district court to make that ruling effective, TPS remained in place.
On Sept. 10, 2021, DHS published a Federal Register notice (FRN) which announced that beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan will retain their TPS status, and that DHS has automatically extended the validity of their work permits and other TPS-related documents through Dec. 31, 2022.
To qualify for the automatic extension, the TPS recipient must not have had their TPS withdrawn due to individual ineligibility. Further, the DHS states that, if necessary, it will continue to issue future notices that extend TPS and work permits in order to comply with court orders.
For more immigration information, contact our experienced immigration lawyers in Miami, Florida USA or schedule an appointment.
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