Immigration Law

USCIS Notice: Continuation of Documentation for Beneficiaries of TPS Designations for Nepal and Honduras (Federal Register, May 10, 2019)

Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019

"Through this Notice, the Department of Homeland Security (DHS) announces actions to ensure its compliance with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen, No. 19–cv–00731 (N.D. Cal. Mar. 12, 2019) (‘‘order to stay proceedings’’). The claims raised in Bhattarai v. Nielsen are similar to, and will be informed by the resolution of, the claims being litigated before the Ninth Circuit Court of Appeals in Ramos v. Nielsen, No. 18–16981 (9th Cir. filed Oct. 12, 2018). For that reason, DHS will not implement or enforce the decision to terminate Temporary Protected Status (TPS) for Honduras or Nepal pending the resolution of the Ramos v. Nielsen appeal, or by other order of the court. Beneficiaries under the TPS designations for Nepal and Honduras will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility. DHS is further announcing it is automatically extending through March 24, 2020, 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 designation for Nepal, provided that the affected TPS beneficiaries remain otherwise individually eligible for TPS. The TPS designation for Honduras remains in effect through January 5, 2020. See 83 FR 26074 (June 5, 2018). This Notice also provides information explaining DHS’s plans to issue subsequent notices that will describe the steps DHS will take to address the TPS status of beneficiaries under the TPS designations for Honduras and Nepal, if continued compliance with the order to stay proceedings during the pendency of the Ramos v. Nielsen appeal become necessary. DATES: The TPS designations of Nepal and Honduras will remain in effect, as required by the order of the U.S. District Court for the Northern District of California adopting the parties’ stipulation to stay proceedings in Bhattarai v. Nielsen, No. 19–cv–00731 (N.D. Cal. Mar. 12, 2019), pending final disposition of the Government’s appeal of the preliminary injunction order in Ramos v. Nielsen enjoining implementation and enforcement of the determinations to terminate the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, or by other order of the court. DHS will not terminate TPS for Honduras or Nepal pending final disposition of the Ramos appeal, including through any additional appellate channels in which relief may be sought, or by other order of the court. Information on the status of the order to stay proceedings and the Ramos v. Nielsen appeal is available at http:// uscis.gov/tps. Further, DHS is automatically extending the validity of TPS-Related Documentation for those beneficiaries under the TPS designation for Nepal, as specified in this Notice. Those documents will remain in effect for nine months through March 24, 2020, provided the individual’s TPS is not withdrawn under INA section 244(c)(3) or 8 CFR 244.14 because of ineligibility, and Nepal’s TPS designation remains in effect. In the event the preliminary injunction in Ramos v. Nielsen is reversed and that reversal becomes final, DHS will allow for a transition period, as described in the ‘‘Possible Future Action’’ section of this Notice."