Acting Secretary of State Elaine Duke Announces Changes in Temporary Protected Status for Haiti, Nicaragua and Honduras

In November 2017, Acting Secretary of Homeland Security Elaine Duke announced that she has terminated the Temporary Protected Status (TPS) designation for Nicaragua. The effective date is January 5, 2019 to allow Nicaraguan citizens ample time to transition back to their home country in an orderly way before their TPS status expires. The Secretary was unable to make a definitive determination about the termination of TPS for Honduras, so the deadline was automatically extended for six months from the current deadline of January 5, 2018 to July 5, 2018.

Acting Secretary Duke also made the decision to terminate TPS for Nicaragua after a review of the original conditions in 1999 regarding Hurricane Mitch, on which the status was originally based. The Nicaraguan government did not make a request to extend the current protected status. Soon after, TPS was terminated for Haiti as well, with a delayed effect of 18 months.

The Department of Homeland Security extended the termination of TPS for Nicaragua for 12 months, to give individuals with TPS time to seek alternative legal immigration status in the United States, or arrange for their departure to their home country. The year-long delay also gives Nicaragua time to prepare for the return of their citizens. Nicaraguans, Haitians and Hondurans must reapply for employment authorization documents to continue to work legally in the United States until their TPS status expires. Complete details about the termination of TPS status for Haiti, Nicaragua and Honduras can be found in the Federal Register notice.

What is Temporary Protected Status?

The Secretary of Homeland Security can designate a foreign country for Temporary Protected Status because of temporary conditions in the country that prevent their citizens from returning to their country safely. TPS may also be designated in situations when a country is unable to handle the return of its citizens because of temporary conditions such as:

• A civil war
• An environmental disaster
• An epidemic
• Or other extraordinary conditions which are temporary

The United States Citizenship and Immigration Service (USCIS) may grant TPS to eligible nationals who are already in the U.S. TPS will be effective during a designated period. During that time, those who are eligible for TPS qualify for the following protections:

• They are not removable from the United States
• They may apply for an employment authorization document (EAD)
• They may be granted travel authorization

Temporary protected status is not asylum

TPS benefits eventually expire, and they do not lead to any form of lawful immigration status. While a person qualifies for TPS they may still do the following:

• Apply for nonimmigrant status
• File for an adjustment of status based on an immigrant petition
• Apply for any other immigrant benefit protection for which they may be eligible

The following countries have also been designated for TPS:

·       El Salvador ·       Nepal ·       Somalia ·       Sudan

·       South Sudan ·       Syria ·       Yemen

Details about the expiration date for TPS for each country can be found on the USCIS website. If you have TPS and have questions about adjusting your immigration status, you should contact a Knoxville immigration lawyer to discuss your concerns.

At LaFevor & Slaughter, we help immigrants in Knoxville and throughout Tennessee who wish to adjust their status, have questions about TPS deadlines, or are facing the risk of removal. You can schedule an appointment with one an immigration lawyer from our team by calling 865-637-6258, or filling out this contact form. We’re here to serve you.