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WHAT YOU NEED TO KNOW ABOUT THE COURT DECISION CONCERNING TPS FOR EL SALVADOR, HAITI, NICARAGUA, SUDAN

Updated 9/15/2020

A Court of Appeal Ruled in Favor of the Trump Administration and Reversed an Order That Blocked the Termination of TPS for El Salvador, Haiti, Nicaragua, and Sudan

On September 14, 2020, a federal court of appeal ruled in favor of the Trump Administration and reversed a court order in the Ramos v. Nielsen lawsuit that had stopped the termination of Temporary Protected Status (TPS) designations for El Salvador, Haiti, Nicaragua and Sudan. The same court order stopped the government from making a decision to terminate TPS for Honduras and Nepal.

Even with this Decision, For Now, TPS Remains in Effect for All Affected Countries!
Even with this decision, the earliest that TPS may terminate for nationals of Haiti, Nicaragua, and Sudan is March 5, 2021, and for El Salvador is November 5, 2021.

What will Happen to TPS Now that the Ramos Court Order Has Been Reversed by the Court of Appeal?

The decision means that TPS terminations for Sudan, Nicaragua, Haiti* and El Salvador may go into effect. This decision also means that the federal government may now make a decision on whether to terminate TPS designations for Honduras and Nepal. The Ramos lawyers have announced that they will appeal this decision to the full federal court of appeal and, if necessary, to the U.S. Supreme Court.

Because the federal government has told the court that it will give TPS holders at least 120 days notice from the effective date of the order, except for nationals of El Salvador who will be given up to 12 months before their status is terminated, the earliest that TPS may terminate is March 5, 2021, and for El Salvador, is November 5, 2021. It could be longer than that depending on timing of any appeals and when the final order is handed down. The timing for terminations could also be affected by litigation in other cases.

*Note that TPS for Haitians also remains in place because of a court order in a case called Saget v. Trump.

TPS Work Permits with various expiration dates remain valid

On November 1, 2019, the Department of Homeland Security (DHS) issued a notice extending work authorization through January 4, 2021 for TPS holders from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. This means that TPS holders from El Salvador, Haiti, Nicaragua, and Sudan are able to continue to legally work in the U.S. even if their work permits have a date on them that has already expired. DHS may issue another notice further extending TPS work authorization later this year if there is no final decision in Ramos.

TPS Holders Should IMMEDIATELY Prepare for Termination of TPS

TPS holders must immediately prepare for the termination TPS. It is important for individuals in TPS status to investigate whether they may be eligible for any other type of immigration relief and if not to explore their options affecting everything from mortgages to family arrangements.


TPS HOLDERS FROM EL SALVADOR, HAITI, NICARAGUA, SUDAN, HONDURAS AND NEPAL REMAIN IN STATUS

Select a language:  Español | Nepali (download PDF) | Haitian Kreyol (download PDF)

Updated 11/1/2019

On November 1, 2019, Homeland Security (DHS) issued a notice extending work authorization through January 4, 2021 for TPS holders from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. This is a temporary extension of work authorization only. The Trump administration’s termination of TPS designation for these six countries remain blocked because of pending lawsuits, leaving the lives of more than 400,000 long-time residents in limbo.

Important information TPS holders from El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal should know and do:

1. Automatic work authorization extended through January 4, 2021
TPS work authorization is automatically extended through January 4, 2021 for TPS holders from the six countries impacted by the TPS-related lawsuits— El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal. For now, all individuals from the affected countries will remain in TPS status. This timing could change pending the outcome of the TPS-related lawsuits.

2. No need to apply for a work extension and no filing fee required
Current Salvadoran, Haitian, Nicaraguan, Sudanese, Honduran and Neapalese TPS holders do NOT need to pay a fee or file any application to maintain your TPS benefits through January 4, 2021. Provided your TPS status is current and you have properly re-registered for TPS during your countries’ re-registration period, you will automatically maintain permission to continue working in the U.S.
 
3. Carry proof of TPS status and be prepared to show certain documents if asked about your work permission
It’s important to keep proof that you have TPS status with you. If asked, you can show your employer a copy of your employment authorization card and a copy of the November 4, 2019 Federal Register Notice to prove you have permission to work through January 4, 2021. Download a copy of the Federal Register here.

4. Talk to your union rep if you have one
If you belong to a union, talk to your union rep to help you with employer questions about work authorization.

5. Things could change
Depending on the outcome of the TPS-related lawsuits, the timing of the work authorization extension could change. If there is a negative decision in the TPS-related lawsuits, the government could end TPS in as little as six months for all of the countries except El Salvador. The U.S. reached an agreement with El Salvador that would protect Salvadorans for one year from the final date of any negative court decision. It is important to be prepared.  
                   
6. Find out if you qualify for another type of immigration status
Many TPS holders have been in the U.S. for years and may be eligible for other types of immigration status and benefits. To see a partial list of possible immigration options use the checklist below and then consult with a reputable immigration attorney or legal services organization. You can also use the online immi tool to find a path that’s right for you.
 
7. Beware of notarios! Get reputable legal help
Find reputable immigration attorneys and legal services organizations here. Avoid scammers and notarios who claim to be able to help you.

8. Know Your Rights! You have rights under the U.S. Constitution
All people in the U.S. have certain rights under the U.S. Constitution. Visit the Know Your Rights section.
 
9. The fight is not over
While we welcome this short extension, it is not enough. What America needs is a permanent solution from deportation for all TPS holders, Liberians with DED and Dreamers who have legally lived and worked in this country for years, raising families and contributing to the U.S. economy.

10. Take action and make your voice heard!
Get your family, friends, neighbors and coworkers involved in the fight to protect immigrant families. Ask them to join you in calling your members of Congress to demand they protect people with TPS and support efforts to allow TPS holders to stay in the U.S. legally: 1-888-204-8353

Download a copy of the Federal Register Notice. Don’t forget to keep a copy of the Notice with you.

 Download

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TPS UPDATE FOR YEMEN

Updated 1/6/2020

On January 3, 2020, the Department of Homeland Security (DHS) extended the TPS designation for Yemen for 18 months through September 3, 2021. We will provide more information once the extension and information concerning re-registration is published in the federal register. For now, the good news is that people in TPS status from Yemen continue to have protection from deportation and are authorized to work through September 3, 2021.

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TPS UPDATE FOR SYRIANS

Updated 3/5/2018

On January 31, 2018, Homeland Security (DHS) announced an 18-month extension of Temporary Protected Status (TPS) for Syrians until September 30, 2019. The decision on whether Syrian TPS will be extended beyond September 30, 2019 will be made by the DHS Secretary before that date. Unfortunately, under this announcement, Syrians who arrived in the U.S. after August 1, 2016 do not qualify for this program.

This is a list of important things Syrians with TPS should know and do now:

1. File your TPS re-registration and work authorization by May 4, 2018
 
All current Syrian TPS holders must file a Form I-821 by May 4, 2018 in order to extend their TPS status through September 30, 2019.  You do not need to pay a filing fee for the TPS re-registration. You will have to include a fee for fingerprints if you are between ages 14-75.

2. File your work authorization extension as soon as possible
 
Syrian TPS work authorization expires on March 31, 2018.  In order to receive work permission through September 30, 2019 it is important to apply for a work authorization extension as soon as possible.  You can file a Form I-821, Form I-765 and filing fee or fee waiver, and fingerprints fee all together. Go to www.uscis.gov/i-765 for fee information.

3. Automatic work authorization until September 27, 2018 with re-registration
 
DHS granted a 180-day automatic work authorization extension, until September 27, 2018, to allow TPS holders to continue working during the processing of employment authorization extensions. You must re-register for TPS by May 4, 2018 in order to get the benefits of the automatic extension of work authorization.

4. Be prepared to show certain documents if asked about work authorization after March 31
 
If asked, you can show your employer the Federal Register Notice to prove that your work permission has been automatically extended until September 30, 2018. By May 4, 2018, you should have applied to extend your TPS and work authorization. You can also show your employer the receipt notice for your work authorization extension. After September 30, 2018, you may need to show your new work permission card with the extended date of September 30, 2019.

5. Talk to your union rep if you have one

If you belong to a union, talk to your union rep to help you with employer questions about work authorization.

6. Carry proof of TPS status

It’s important to keep proof that you have TPS status with you. A copy of your employment authorization card, a copy of the Federal Register Notice and a copy of the completed Form I-821 and receipt showing you’ve applied for an extension of TPS will prove that you have TPS status.  Download a copy of the Federal Register Notice.
 
 7. Find out if you qualify for another type of immigration status.
 
Many TPS holders have been in the U.S. for years and may be eligible for other types of immigration status and benefits. To see a partial list of possible immigration options use this checklist and then consult with a reputable immigration attorney or legal services organization. You can also use the online immi tool to find a path that’s right for you.
 
8. Know Your Rights! You have rights under the U.S. Constitution
 
All people in the U.S. have certain rights under the U.S. Constitution. Visit the Know Your Rights section.
 
9. Beware of notarios! Get reputable legal help.
 
Find reputable immigration attorneys and legal services organizations. Avoid scammers and notarios who claim to be able to help you.
 
10. Take action and make your voice heard!
 
Get your family, friends, neighbors and coworkers involved in the fight to protect immigrants. Ask them to join you in calling your members of Congress to demand they protect people with TPS and support efforts to allow TPS holders to stay in the U.S. legally: 1-888-204-8353
 
Don’t forget to keep a copy of the Federal Register Notice with you.

 Download

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TOP 10 QUESTIONS ON TPS

1. What is TPS?

TPS, or Temporary Protected Status, allows people from certain countries to live and work in the United States during a humanitarian crisis in their home countries.

2. What type of humanitarian crisis would lead to TPS?

Here are some reasons the Secretary of Homeland Security (DHS) can authorize TPS for countries:

  1.     Armed conflict, such as civil war, threatening people’s safety
  2.     Environmental disasters such as a hurricane or earthquake that disrupts living conditions
  3.     Extraordinary and temporary conditions in the country that prevent the safe return of the population

3. How long are TPS grants?

The Secretary of DHS can authorize TPS for6, 12, or 18 months at a time. This authorization can be extended or terminated.

4. How many people have TPS?

It’s estimated, as of September 2017, that over 320,000 peoplein the U.S. have TPS.

5. Who are the people who have TPS?

People with TPS are essential workers who have lived and worked in the U.S. for years and even decades. Many people with TPS work in construction, the hotel and restaurant industry, landscaping and childcare. Many also operate their own businesses. About 100,000 TPS holders live in homes that they own and pay mortgages to U.S. banks

6. What ties do TPS holders have to the U.S.?

TPS holders from El Salvador, Honduras and Haiti have about 273,000 U.S. citizen children. Also 10% of the Salvadoran TPS holders are married to a legal resident of the U.S.

7. Which countries have TPS?

El Salvador
Haiti
Honduras
Nepal
Nicaragua
Somalia
South Sudan
Sudan
Syria
Yemen

8. What are the requirements to receive TPS?

  •  Arrived in the U.S. and continued to live in the U.S. since a specific date;
  •  Filed an application with a filing fee and passed security and criminal checks.

 
9. What would be the economic impact on the U.S. of ending TPS?

According to an April 2017 study, ending TPS would cause a reduction of $45.2 billion to the U.S. Gross Domestic Product (GDP) and a $6.9 billion reduction in Social Security and Medicare contributions over the next decade. Ending TPS would also cause employers to face approximately $967 million in the turnover costs of replacing and training laid off TPS holders.

10. Why should we keep fighting to preserve TPS?

TPS offers humanitarian protection to people unable to return to their home countries due to natural disasters, war and other extraordinary situations. Providing this protection is a moral imperative. While preserving TPS brings economic benefits to the U.S., it would also allow American families to stay together--U.S. citizen children would remain with their parents and grandparents.

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WHO ARE TPS AND DED HOLDERS?


Click here to enlarge.

Source: Catholic Legal Immigration Network, Inc.

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APPLYING FOR OTHER TYPES OF IMMIGRATION STATUS AFTER TPS

Temporary Protected Status (TPS) allows people from certain countries to live and work in the United States for a temporary period of time. TPS does not lead to permanent immigration status in the United States. In the past, people granted TPS often have been allowed to extend their TPS status every 18 months. However, the Trump administration has voiced its intent to limit TPS extensions.

While we continue to fight for TPS extensions, it’s important to consider whether you might qualify for another type of immigration status. Now is the time to look into whether you qualify.

It is important that you consult with a reputable legal services provider as soon as possible. iAmerica has a list of legal services providers. Make sure you find a trustworthy legal services provider.


I have TPS now. Can I apply for another type of immigration status?

Yes. Many people who have TPS are eligible for other types of immigration status and benefits. If you are interested in looking into whether you qualify for other types of immigration status during the time that you have TPS, it’s important to seek the assistance of a reputable legal services provider. iAmerica has a list of legal services providers.

How do I know if I qualify for other types of immigration status?

To get a general idea of some of the requirements for other types of immigration benefits, use iAmerica’s checklist of eligibility requirements for various types of immigration status. This is not a complete list and it’s important to check with a reputable legal services provider to learn whether you qualify for another type of immigration status.

Is there a deadline to apply for other types of immigration status?

It is important to apply for another type of immigration status as soon as possible. If you currently have TPS, you will be “in status” until the date TPS expires. In many cases, being “in status” will help you when you apply for another type of immigration status.

Don’t forget, filing for another immigration status now while you have TPS may allow you to take advantage of other immigration benefits in the future and preserve your ability to live and work in the United States.

 Download

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CHECKLIST OF IMMIGRATION OPTIONS FOR TPS HOLDERS

This checklist is a partial list of possible immigration options.

You may be eligible for immigration benefits that will allow you to stay in the U.S. Check all the boxes that apply to you and then contact a legal services provider.

 Download

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immi: Do you qualify to stay in the U.S.?

Find the path that's right for you. Answer some simple questions to get started.

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immi: Make a Plan

Having a family safety plan is a good idea under any circumstance. In case of an unfortunate event that a love one is detained or deported, you can protect your family by having a plan. This tool can help you prepare your family, manage your property and make arrangement for your debts. It’s always better to have a plan and not use it than to be unprepared.

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Click here to learn more about TPS and join the fight to save it.