Update on Ramos v. Nielsen

On Nov. 10, 2022, DHS posted for public inspection a Federal Register Notice (FRN) announcing that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador and Nicaragua and the 2011 designation of Haiti and the 2013 designation of Sudan will retain their TPS and that their TPS-related documentation will continue through June 30, 2024, while the preliminary injunction in Ramos v. Wolf remains in effect; and that beneficiaries of TPS for Honduras and Nepal will retain TPS and related documentation while the stay of proceedings in Bhattarai et al. v. Nielsen et al., No. 19-cv-00731 (N.D. Cal. March 12, 2019) continues, provided that the TPS of the affected beneficiaries in these lawsuits is not withdrawn because of individual ineligibility. Individuals who were approved for TPS for the first time under the 2021 new Haiti TPS designation or the 2022 new Sudan designation are not covered by this FRN and retain their TPS in accordance with their USCIS approval notices.

For additional information, please see the Federal Register Notice and specific TPS country webpages.

On Sept. 14, 2020, in Ramos, et al. v. Wolf, et al., 975 F.3d 872 (9th Cir., Sept. 14, 2020), a 3-judge panel of the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s injunction that prohibited DHS from terminating TPS for El Salvador, Haiti, Nicaragua and Sudan. However, because the appellate court has not issued its directive to the district court to make that ruling effective, the injunction remains in place at this time.

If necessary, DHS will publish future FRNs to continue its compliance with the court orders.

Current Status

The Oct. 3, 2018, Ramos preliminary injunction is currently in effect. As a result of the injunction, the TPS designations of El Salvador, Haiti (2011 designation), Nicaragua and Sudan (2013 designation) remain in effect.

To comply with the court’s injunction, on Nov. 10, 2022, DHS posted an FRN that automatically extends through June 30, 2024, the following documents described in the notice: Employment Authorization Documents (EADs); Forms I-797, Notice of Action (Approval Notice); and Forms I-94, Arrival/Departure Record (collectively known as TPS-related documentation) for eligible, affected beneficiaries of TPS for El Salvador, Haiti, Nicaragua and Sudan. DHS will issue new EADs with a June 30, 2024, expiration date to eligible beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua and Sudan if they request an EAD and USCIS approves it.

Beneficiaries will maintain their status while the injunction remains in place, provided they continue to meet all the individual requirements for TPS eligibility found in INA section 244(c) and 8 CFR 244, as well as in the instructions for Form I-821, Application for Temporary Protected Status. These requirements, including the most recent TPS re-registration requirements for beneficiaries under each country’s designation, are also available on the USCIS TPS webpage and under the country-specific TPS webpages. For questions about travel for TPS beneficiaries, please see the TPS Travel page.

The secretary of homeland security has announced the following TPS actions:

• New designation of TPS for Haiti for 18 months, from Aug. 3, 2021, through Feb. 3, 2023. See 86 FR 41863.
• Extension of the designation of Haiti for TPS from Feb. 4, 2023,through Aug. 3, 2024, and the redesignation of Haiti for TPS from Feb. 4, 2023, through Aug. 3, 2024.Individuals who held TPS prior to the new designation and who wish to ensure that they maintain TPS if the Ramos injunction ends, provided that they remain eligible for TPS, are encouraged to submit their applications for TPS following the instructions in the extension and re-designation of Haiti for TPS FRN (88 FR 5022).  Failure to submit an application under the new designation of Haiti, however, does not affect the continuation of the validity of the TPS and TPS documents through June 30, 2024 if the individual was granted TPS under the 2011 designation for Haiti that the court has continued as long as the injunction exists, and as described in this notice.
•  New designation of TPS for Sudan for 18 months, from April 19, 2022, through Oct. 19, 2023. Individuals who held TPS prior to the new Sudan designation and who wish to ensure that they maintain TPS if the Ramos injunction ends, provided that they remain eligible for TPS, are encouraged to submit their applications for TPS following the instructions in the Designation of Sudan for TPS FRN (87 FR 23202). Failure to submit an application under the new designation of Sudan, however, does not affect the continuation of the validity of the TPS and TPS documents through June 30, 2024 if the individual was granted TPS under the 2013 designation for Sudan that the court has continued as long as the injunction exists, and as described in this notice.
• Extension of El Salvador for TPS for 18 months, from Sept. 10, 2023, through March 9, 2025.  Individuals who held TPS prior to the new El Salvador extension and who wish to ensure that they maintain TPS if the Ramos injunction ends, provided that they remain eligible for TPS, are encouraged to submit their applications for TPS following the instructions in the extension of El Salvador for TPS FRN 88 FR 40282. Failure to submit an application under the new extension of El Salvador, however, does not affect the continuation of the validity of the TPS and TPS documents through June 30, 2024 if the individual was granted TPS under the 2001 designation for El Salvador that the court has continued as long as the injunction exists.
• Extension of Honduras for TPS for 18 months, from Jan. 6, 2024, through July 5, 2025.  Individuals who held TPS prior to the new Honduras extension and who wish to ensure that they maintain TPS if the Ramos injunction ends, provided that they remain eligible for TPS, are encouraged to submit their applications for TPS following the instructions in the extension of Honduras for TPS FRN 88 FR 40304. Failure to submit an application under the new extension of Honduras, however, does not affect the continuation of the validity of the TPS and TPS documents through June 30, 2024 if the individual was granted TPS under the 1999 designation for Honduras that the court has continued as long as the injunction exists.
• Extension of Nepal for TPS for 18 months, from Dec. 25, 2023, through June 24, 2025.  Individuals who held TPS prior to the new Nepal extension and who wish to ensure that they maintain TPS if the Ramos injunction ends, provided that they remain eligible for TPS, are encouraged to submit their applications for TPS following the instructions in the extension of Nepal for TPS FRN 88 FR 40317. Failure to submit an application under the new extension of Nepal, however, does not affect the continuation of the validity of the TPS and TPS documents through June 30, 2024 if the individual was granted TPS under the 2015 designation for Nepal that the court has continued as long as the injunction exists.
• Extension of Nicaragua for TPS for 18 months, from Jan. 6, 2024, through July 5, 2025.  Individuals who held TPS prior to the new Nicaragua extension and who wish to ensure that they maintain TPS if the Ramos injunction ends, provided that they remain eligible for TPS, are encouraged to submit their applications for TPS following the instructions in the extension of Nicaragua for TPS FRN 88 FR 40294. Failure to submit an application under the new extension of Nicaragua, however, does not affect the continuation of the validity of the TPS and TPS documents through June 30, 2024 if the individual was granted TPS under the 2015 designation for Nicaragua that the court has continued as long as the injunction exists.

In Case of Reversal

Absent any subsequent actions regarding the TPS designations of El Salvador, Nicaragua, Nepal, or Honduras, and if a superseding final, non-appealable court order and implementing FRN, if one is warranted, permit the termination of one or more of the TPS designations of those countries to go into effect, such termination of TPS and related TPS documentation for beneficiaries of the affected country will not go into effect any earlier than 365 days from the effective date of any superseding, final, non-appealable judicial order that permits the implementation of the termination of TPS for El Salvador, Nicaragua, Nepal, or Honduras in order to allow for an orderly transition for affected TPS beneficiaries. Haiti and Sudan have been newly designated for TPS in 2021 and 2022 respectively, and beneficiaries under the prior designations may reregister under the new designations, as can newly eligible individuals. For more information, please see the TPS webpages for Haiti and Sudan.

Depending on court orders in the lawsuits, USCIS will inform TPS beneficiaries if and when any of these orderly transition periods for beneficiaries of TPS for El Salvador, Honduras, Nepal, or Nicaragua will begin. These transition periods will provide time for current TPS beneficiaries who do not have another lawful immigration status or authorization to remain in the United States to leave the United States, or they will be subject to removal.

Demonstrating Temporary Protected Status

As evidence of valid TPS, eligible beneficiaries under the TPS designations for Nicaragua and El Salvador, and the 2011 designation of Haiti and the 2013 designation of Sudan, may show their TPS-related documents, which have been specified in the Nov. 2022 FRN as having been automatically extended through June 30, 2024, along with that FRN. The FRN also specifies TPS-related documentation that has been extended for beneficiaries of TPS for Honduras and Nepal. Additional information is available on the Update on Bhattarai v. Nielsen page.

DHS has automatically extended through June 30, 2024, the validity periods of the following Forms I‑94 and Forms I-797, Notice of Action (Approval Notice), previously issued to eligible beneficiaries granted TPS under the designations for Sudan, Nicaragua, Haiti, and El Salvador:

However, the extension of these validity periods applies only if the eligible TPS beneficiary properly filed for TPS re-registration during 1 of the recent DHS-announced registration periods:

• Nicaragua: May 16-July 15, 2016, or Dec. 15, 2017-Feb. 13, 2018;
• Sudan: Jan. 25-March 25, 2016, or Oct. 11-Dec. 11, 2017;
• El Salvador: July 8-Sept. 6, 2016, or Jan. 18-March 19, 2018;
• Haiti: Aug. 25-Oct. 26, 2015; May 24-July 24, 2017; or Jan. 18-March 19, 2018.

If the Ramos preliminary injunction continues in effect beyond June 30, 2024, DHS will continue to issue notices that will automatically extend TPS-related documentation for all affected beneficiaries under the TPS designations for El Salvador, Nicaragua, the 2011 designation of Haiti, and the 2013 designation of Sudan, so long as the Ramos preliminary injunction remains in place; or by other order of the court.

Current End Date

TPS beneficiaries under the TPS designations for Nicaragua and El Salvador and Haiti’s 2011 designation and Sudan’s 2013 designation will maintain valid TPS in the United States as long as the Ramos preliminary injunction, or any superseding court order, enjoins DHS from implementing and enforcing the TPS termination determinations, provided that each individual TPS beneficiary under these designations maintains their individual eligibility for TPS. However, individuals with TPS under the Haiti and Sudan designations are encouraged to register under the new designations for those countries, issued in 2021 and 2022 respectively, if they wish to remain eligible for TPS in the event that the court’s injunction does not continue. Some TPS beneficiaries may also have other valid immigration status or authorization to remain in the United States that may continue once TPS for their country ends. If a court order permits the termination of TPS for any country, USCIS will issue an FRN, if warranted, and update its website to inform beneficiaries of the termination date and any applicable orderly transition period.

Re-Registration

Current beneficiaries under the TPS designations for Sudan in 2013, Nicaragua, Haiti in 2011, and El Salvador do not need to re-register to maintain TPS under the court order at this time, provided that they properly re-registered for TPS during at least one of the re-registration periods for their country listed below. If you properly re-registered during the following re-registration periods for your country, then you do not need to submit new biometrics, unless USCIS specifically sent you a notice informing you to attend a biometrics collection appointment. However, as noted, existing Haiti and Sudan beneficiaries may wish to register under the new designations for their countries to help ensure that their TPS continues in the event that the court order no longer exists.

Beneficiaries who did not re-register during at least one of the periods described above for their country may still file Form I-821, Application for Temporary Protected Status, but must demonstrate “good cause” for failing to re-register on time, as required by law. See INA, section 244(c)(3)(C). Individuals registering under the new Haiti and Sudan designations do not need to demonstrate “good cause” because those countries are under new designations.

Late re-registrants must submit a letter describing all of their reasons for failing to file on time in accordance with the most recently announced re-registration procedures in the FRN for their TPS-designated country.

If you re-registered outside of the re-registration period because DHS announced the termination of TPS for your country, you should explain how that announcement affected you, including how the termination decisions impacted your failure to re-register. USCIS may consider this explanation for purposes of meeting the “good cause” exception for failing to re-register on time. However, if the announcement of the TPS termination did not cause you to file late, you should not include it as a reason. Applicants must be truthful in explaining their reasons.

Biometrics

TPS beneficiaries age 14 or older who did not file for re-registration under the procedures announced for re-registration for their country during at least 1 of the time periods listed in the table above must submit biometrics when they file a late re-registration application. USCIS will send the individual a scheduling notice for biometrics collection, if required. USCIS may also send a separate biometrics scheduling notice to a TPS beneficiary who has properly re-registered, but who later filed a Form I-765, Application for Employment Authorization, for an EAD.

Employment Authorization Documents

In the Nov. 2022 FRN, DHS announced the automatic extension of EADs for TPS beneficiaries under the designations for El Salvador, Haiti, Nicaragua and Sudan with the category codes “A-12” or “C-19” and 1 of the expiration dates shown below:

TPS beneficiaries with EADs that are auto-extended do not need to apply for a new EAD, but they may if they choose to do so. Additionally, TPS beneficiaries from all 4 countries who have EAD and re-registration applications pending will receive an EAD with a validity date ending June 30, 2024, if USCIS approves their re-registration and EAD applications.

Any eligible beneficiary under the TPS designations for El Salvador, Haiti, Nicaragua or Sudan who does not possess an EAD that is automatically extended in the FRN, or who wishes to apply for a new EAD despite having an older EAD that is automatically extended under the FRN, may file Form I-765 with the appropriate fee or fee waiver request. If USCIS approves the application, we will issue an EAD with a June 30, 2024, expiration date.

If you would like to request a fee waiver, complete Form I-912, Request for Fee Waiver, and submit it with your Form I-765.

Establishing Employment Eligibility

TPS beneficiaries may present their unexpired EADs or facially expired EADs that have been automatically extended through June 30, 2024, as specified in the Nov. 2022 FRN to their employer as evidence of employment eligibility and identity when completing Form I-9, Employment Eligibility Verification. Employees may show this FRN to their employer, which provides instructions on how employers must complete Form I-9 and indicates that their facially expired EAD has been automatically extended through June 30, 2024.

As also noted in the FRN and on the USCIS I-9 Central web page, an individual may satisfy Form I-9 requirements for employment eligibility verification with any of the types of documents, or combination of documents, described on Form I-9.

Form I-9 is mandatory for all employment in the United States, but its requirements do not apply until an employer actually hires an individual. Employees may present any documentation from the Form I-9 Lists of Acceptable Documents to their employer to show identity and employment eligibility. For purposes of Form I-9, an unexpired EAD or an EAD with a validity period that is auto-extended by the FRN is acceptable to prove both identity and eligibility to work.

Employers can learn more about completing Form I-9 by visiting I-9 Central or calling the I-9 Contact Center:

• For Employers: 888-464-4218
• For Employees: 888-897-7781
• TTY: 877-875-6028

Discrimination in Employment Verification

Employees can report an employer who rejects acceptable documents for I-9 purposes or who refuses to accept an auto-extended EAD, and refer any discrimination-related questions, to the Immigrant and Employee Rights Section in the Department of Justice’s Civil Rights Division:

• For Employees: 800-255-7688
• For Employers: 800-255-8155
• TTY: 202-616-5525 or 800-237-2515

Demonstrating Status to State Agencies

TPS beneficiaries who need to demonstrate their continued lawful status to obtain a driver’s license or other benefit to a state or local agency that uses USCIS’ Systematic Alien Verification for Entitlements (SAVE) Program must have an A-Number or I-94 number to be verified through SAVE. These numbers can be found on various immigration documents beneficiaries may have received regarding their TPS.

DHS issues the following documents that satisfy this requirement:

• Form I-797, Notice of Action, approval notice for I-821, Application for Temporary Protected Status, has an A-Number;
• Form I-765, Employment Authorization Document (EAD). EADs issued to TPS recipients will indicate a category of A12 or C19 and have an A-Number;
• Form I-512, Authorization for Parole of an Alien into the United States, has an A-Number. This form is issued to TPS beneficiaries who request travel authorization and who are allowed to travel outside the United States and return if authorized at the port of entry by Customs and Border Protection;
• Form I-512T, Authorization for Travel by a Noncitizen to the United States; and
• Form I-94 Arrival/Departure Record, has an I-94 number.

Beneficiaries may also have a final order from the Executive Office of Immigration Review granting TPS that may have either an A-Number or an I-94 number.

For further information, see our webpage on SAVE for Benefit Applicants.

If DHS has issued an FRN announcing the automatic extension of certain TPS-related documents, SAVE advises TPS beneficiaries to show the state or local agency a copy of the FRN documenting such extension with their most recently issued immigration document. If you have an individual notice that automatically extends your TPS-related EAD, you may also show that notice and your EAD.

While SAVE can verify when an individual has TPS, each agency’s procedures govern whether they will accept an auto-extended TPS-related document. You should present the agency with a copy of the relevant FRN showing the extension of TPS-related documents in addition to your recent TPS-related document with your A-Number or I-94 number. You should explain that SAVE will be able to verify the continuation of your TPS. You should ask the agency to initiate a SAVE query with your information and follow through with additional verification steps, if necessary, to get a final SAVE response showing the TPS. You can also ask the agency to look for SAVE notices or contact SAVE if they have any questions about your immigration status or auto-extension of TPS-related documents.

Dènye Nouvèl sou Plent Ramos Kont Nielsen an