Immigration Law

TPS Extensions per Ramos v. Nielsen Injunction

Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019

"Through this notice, the Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos v. Nielsen, No. 18–cv–01554 (N.D. Cal. Oct. 3, 2018) (‘‘preliminary injunction’’). Beneficiaries under the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains in effect, provided that an individual’s TPS is not withdrawn under Immigration and Nationality Act (INA) section 244(c)(3) or 8 CFR 244.14 because of ineligibility. DHS is further announcing it is automatically extending through January 2, 2020, the validity of TPSrelated Employment Authorization Documents (EADs), Forms I–797, Notice of Action (Approval Notice), and Forms I–94 (Arrival/Departure Record) (collectively ‘‘TPS-Related Documentation’’), as specified in this notice, for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, provided that the affected TPS beneficiaries remain otherwise individually eligible for TPS. See INA section 244(c)(3). This Notice also provides information explaining DHS’s plans to issue a subsequent notice that will describe the steps DHS will take after January 2, 2020, should continued compliance with the preliminary injunction be necessary. DATES: The TPS designations of Sudan, Nicaragua, Haiti, and El Salvador will remain in effect, as required by the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos v. Nielsen, No. 18–cv–01554 (N.D. Cal. Oct. 3, 2018), so long as the preliminary injunction remains in effect. TPS for those countries will not be terminated unless and until any superseding, final, nonappealable judicial order permits the implementation of such terminations. Information on the status of the preliminary injunction will be available at http://uscis.gov/tps. Further, DHS is automatically extending the validity of TPS-Related Documentation for those beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, as specified in this Notice. Those documents will remain in effect for nine months through January 2, 2020, provided the individual’s TPS is not withdrawn under INA section 244(c)(3) or 8 CFR 244.14 because of ineligibility. See 83 FR 54764 (Oct. 31, 2018) (notice stating that should Ramos injunction continue beyond April 2, 2019, DHS will publish a subsequent notice to extend TPS-related Documentation of eligible beneficiaries under the TPS designations of Sudan, Nicaragua, Haiti, and El Salvador for nine months from that date). In the event the preliminary injunction is reversed and that reversal becomes final, DHS will allow for an orderly transition period, as described in the ‘‘Possible Future Action’’ section of this Notice. "