ALERT: On May 22, Secretary of Homeland Security Alejandro
Mayorkas announced a new Temporary Protected Status (TPS) designation for Haiti
for 18 months. Specific duration dates for the designation and instructions for
applying for TPS will be included in the upcoming Federal Register notice on
TPS Haiti.
For additional information, please see the news release.
ALERT: On Sept. 14, 2020, in Ramos et al.
v. Wolf et al., No. 18-16981 (9th Cir., Sept. 14, 2020) (PDF, TK MB) (PDF,
374.01 KB), a panel of the U.S. Court of Appeals for the Ninth
Circuit vacated an injunction prohibiting DHS from terminating Temporary
Protected Status (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.
On Dec. 9, 2020, DHS published a Federal Register notice (FRN) announcing
that beneficiaries under the TPS designations for El Salvador, Haiti, Honduras,
Nepal, Nicaragua and Sudan will retain their TPS while the preliminary
injunction in Ramos remains in effect, provided their TPS is not withdrawn
because of individual ineligibility. DHS will automatically extend the validity
of Employment Authorization Documents (EADs) through Oct. 4, 2021.
If a superseding final, non-appealable court order and implementing Federal
Register notice, if one is warranted, permits termination of the TPS
designation for Haiti to go into effect, DHS may terminate relevant TPS-related
documentation before the end validity date announced in any current or
subsequent Federal Register notice. This terminations of TPS-related
documentation for affected TPS beneficiaries would go into effect 120 days from
the effective date of any such order.
For additional information, please see the Dec. 9, 2020, Federal
Register notice, specific TPS country
pages on the USCIS website, and the Update on
Ramos v. Nielsen webpage.
.
ALERT: On April 11, 2019, in Saget v. Trump, No.
18-cv-01599 (E.D.N.Y. April 11, 2019), the U.S. District Court for the Eastern
District of New York also enjoined the termination of TPS for Haiti, pending a
final decision on the merits of the case. The preliminary injunction enjoining
the termination of Haiti’s TPS in Ramos v. Nielsen remains in effect as well.
Thus, as required by the orders in Saget and Ramos, the TPS designation for
Haiti remains in effect pending further court order. Beneficiaries under the
TPS designation for Haiti will maintain their status, but they must 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.
Source: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti
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