TPS Tag Archives — Immigration Lawyer Blog

November 22, 2017

Trump Administration Announces An End To Haitian TPS

On November 20, 2017, Acting Secretary of the U.S. Department of Homeland Security, Elaine Duke, announced the termination of Temporary Protected Status (“TPS”) for Haitians living in the United States. The decision to end TPS for Haitians will affect approximately 60,000 Haitians currently living in the United States.

TPS is a program overseen by the U.S. Department of Homeland Security (“DHS”), which allows citizens of particular countries, to temporarily remain in the United States, because of poor conditions in their home countries. In general, DHS has the authority to designate countries for TPS based on three factors: (1) war or other armed conflicts; (2) Natural disasters; or (3) other extraordinary conditions. During the time period where a country is designated for TPS, its nationals already in the United States, who meet all the eligibility requirements,

October 28, 2016

U.S. Department of Homeland Security Announces Extension of Temporary Protected Status for Nepal

by Daniel Hartzman

On October, 26, 2016, U.S. Department of Homeland Security Secretary, Jeh Johnson, announced the extension of Temporary Protected Status (“TPS”) for certain Nepalese nationals in the United States through June 24, 2018. Prior to Secretary Johnson’s announcement, TPS was only available to Nepalese nationals through December 24, 2016.

On April 25, 2015, Nepal was struck by a devastating 7.8 earthquake. The earthquake left thousands dead and devastated the capital city of Kathmandu and nearby towns and villages. In response to the earthquake, on June 24, 2015, Secretary Johnson designated Nepal for TPS. This designation allowed Nepalese nationals in the United States on June 24, 2015, to temporarily remain in the country, with work authorization, through December 24, 2016.

On October 26, 2016, Secretary Johnson extended Nepal’s TPS designation through June 24, 2018. Secretary Johnson also automatically extended work authorization for Nepalese nationals on TPS through June 24, 2017, in order to give U.S. Citizenship and Immigration Services (“USCIS”) time to issue new Employment Authorization Documents (“EAD”). Until a TPS beneficiary receives their new EAD, they may work for any employer by providing their employer with their old TPS-related EAD; and a copy of the Federal Register notice announcing the automatic extension.

October 17, 2016

United States Suspends Deportations to Haiti Following Hurricane Mathews

by Daniel Hartzman

On October 4, 2016, Hurricane Mathews, a category 4 hurricane, devastated southern Haiti. To date, close to 1,000 Haitians have been confirmed dead. In addition, much of the crops and buildings in the southern part of the country have been destroyed. Based on the large scale humanitarian crisis, on October 12, 2016, U.S. Department of Homeland Security Secretary Jeh Johnson, announced that the United States would temporarily suspend all deportations to Haiti.

On January 10, 2010, Haiti was struck by a devastating 7.0 earthquake which killed at least 160,000 people and displaced another 1.5 million people. In the aftermath of the earthquake, the U.S. Department of Homeland Security (“DHS”) took steps to help Haitians in the United States. On January 13, 2010, DHS announced that it would be suspending deportations to Haiti. In addition, on January 15, 2010, DHS announced the designation of Temporary Protected Status (“TPS”) for Haitians who were in the United States as of January 12, 2010. TPS allowed Haitians who qualified to remain and work in the United States for a temporary amount of time, until conditions in Haiti improved.

In the years following the earthquake, DHS continued to extend TPS for Haitians, and continued to suspend deportations to Haiti for Haitians who had not been convicted of a serious crime and did not pose a national security threat. However, on September 22, 2016, DHS Secretary Johnson announced that deportations to Haiti would immediately resume. Secretary Johnson made clear that Haitians in the United States on TPS may remain in the United States until their current TPS status expires July 22, 2017.