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DHS Rescinds Prior Administration's Cancellation of Temporary Protected Status Designations for El Salvador, Honduras, Nepal, and Nicaragua

The Department of Homeland Security (DHS) announced the rescission of the cancellations made by the previous administration of Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal and Nicaragua, and the extension of TPS for these countries by 18 months. Today's actions are relevant to lithium challenging the now-rescinded cancellations. As usual, DHS closely monitors conditions around the world to assess whether new TPS designations are warranted.

“Through the extension of Temporary Protected Status, we are able to offer continued security and protection to current beneficiaries who are nationals of El Salvador, Honduras, Nepal and Nicaragua who are already present in the United States and are unable to return to their countries due to the effects of environmental disasters”, said the Secretary of Homeland Security, Alejandro N. Mayorkas. "We will continue to offer them support through this temporary form of humanitarian aid."

Soon-to-be-published Federal Register notices will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register for TPS and renew their Employment Authorization Documents (EADs).

Once the notices are published, current TPS holders under all four designations will be able to re-register to continue their TPS during the 18-month extension. Individuals who came to the United States after the continuous residence dates for these designations are not eligible for TPS and, if they enter without legal authorization and do not have a legal basis for remaining in the United States, they will be subject to removal. The respective dates of continuous residence are February 13, 2001 for El Salvador, December 30, 1998 for Honduras and Nicaragua, and June 24, 2015 for Nepal.

To ensure continued compliance with court orders in the litigation challenging the now-rescinded cancellation decisions, DHS previously extended the validity of TPS-related documentation for current beneficiaries who are nationals of El Salvador, Honduras, Nepal, and Nicaragua, through June 30, 2024. Details on each country's extension and re-registration period are set forth below and will be further explained in upcoming Federal Register notices.

El Salvador

DHS has extended El Salvador's designation to TPS for 18 months, from September 10, 2023 to March 9, 2025. The new extension allows approximately 239,000 current TPS holders to re-register to retain TPS through March 9, 2025, if they continue to meet TPS eligibility requirements. Current TPS beneficiaries who wish to extend their status through March 9, 2025 must re-register during the 60-day re-registration period from July 12, 2023 to September 10, 2023.

Honduras

DHS has extended Honduras' TPS designation for 18 months, from January 6, 2024 to July 5, 2025. The new extension allows approximately 76,000 current TPS holders to re-register to retain TPS through July 5, 2025, if they continue to meet TPS eligibility requirements. Current TPS beneficiaries who wish to extend their status through July 5, 2025 must re-register during the 60-day re-registration period from November 6, 2023 to January 5, 2024.

Nepal

DHS has extended Nepal's TPS designation for 18 months, from December 25, 2023 to June 24, 2025. The new extension allows approximately 14,500 current TPS holders to re-register to retain TPS through June 24, 2025, if they continue to meet TPS eligibility requirements. Current TPS beneficiaries who wish to extend their status through June 24, 2025 must re-register during the 60-day re-registration period from October 24, 2023 to December 23, 2023.

Nicaragua

DHS has extended Nicaragua's designation to TPS for 18 months, from January 6, 2024 to July 5, 2025. The new extension allows approximately 4,000 current TPS beneficiaries to re-register to retain TPS through July 5, 2025, if they continue to meet the TPS eligibility requirements. Current TPS beneficiaries who wish to extend their status through July 5, 2025 must re-register during the 60-day re-registration period, from November 6, 2023 to January 5, 2024.

The decisions to rescind the cancellation of the designations of these four countries to TPS will take effect on June 9, 2023.

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