Immigration Law

USCIS Federal Register TPS Notice: Compliance with Ramos v. Nielsen (Oct. 31, 2018)

Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 - "Through this Notice, the Department of Homeland Security (DHS) announces actions to ensure its 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retain their TPS while the preliminary injunction remains in effect, provided that an individual’s TPS status is not withdrawn under INA section 244(c)(3) or 8 CFR 244.14 because of ineligibility. DHS is further announcing it is automatically extending through April 2, 2019, the validity of TPS-related 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 and Nicaragua, 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 April 2, 2019 to continue its compliance with the preliminary injunction. 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 and Nicaragua, as specified in this Notice. Those documents will remain in effect for six months from the issuance of the preliminary injunction (which occurred on October 3, 2018), through April 2, 2019, provided the individual’s TPS is not withdrawn under INA section 244(c)(3) or 8 CFR 244.14 because of ineligibility. 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."