Authorities won’t deport St. Paul resident back to Mexico — but won’t renew his work permit

Fact Sheet: Temporary protected Status for Afghanistan

This fact sheet is current as of September 25, 2023. It is not legal advice.

On September 21, 2023, the Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Afghanistan for Temporary Protected Status (TPS) for 18 months, from Nov. 21, 2023, to May 20, 2025, due to ongoing armed conflict and extraordinary and temporary conditions in Afghanistan that prevent individuals from safely returning. The corresponding Federal Register notice provides information about how to register for TPS as a new or current beneficiary under Afghanistan’s extension and redesignation.

What is temporary protected status (TPS)?

TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.

During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.

What does the extension of TPS for Afghanistan mean?

If you have TPS under the Afghanistan designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period. The re-registration period for existing TPS holders is from September 25, 2023, through November 24, 2023.

What does the redesignation of TPS for Afghanistan mean?

If you are an Afghan national and have never had TPS, you can now apply for TPs for the first time if you have lived in the United States continuously since September 20, 2023. You can apply for TPS during the registration period. You must also meet the eligibility requirements. The initial registration period for new applicants for TPS for Afghanistan is from September 25, 2023, through May 20, 2025.

How do I apply for TPS?

If you have TPS and are applying for an extension of your TPS under the Afghanistan designation your re-registration period runs from September 25, 2023, through November 24, 2023.

If you do not have TPS and are applying for TPS under the Afghanistan designation for the first time, your registration period runs from September 25, 2023, through May 20, 2025.

More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the Federal Register notice (FRN).

Is TPS status given automatically?

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending and redesignating Afghanistan for TPS for an 18-month period, beginning on November 21, 2023, and ending on May 20, 2025. That said, TPS status can be extended.

I am from Afghanistan, and the police have given me tickets here. Can I apply for TPS?

Maybe. You need to show your tickets to an immigration lawyer before filing. A person with two misdemeanors or one felony cannot get TPS. A lawyer can tell you if the tickets will be a problem.

I am from Afghanistan, and I am in deportation proceedings. Can I apply for TPS to avoid deportation?

Yes. A person in removal proceedings can apply for TPS and, if approved, can request that the judge put the removal case on hold until TPS is approved, and then for the time it is in effect.

Does TPS Status provide a path to permanent residency?

No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.

May someone with a pending asylum application apply for TPS?

Yes. Applying for TPS, or being granted TPS, does not affect a pending asylum application. However, asylum applicants should consider their preferred strategy in the event that their asylum application is not granted by USCIS. Based on this, we strongly recommend obtaining an immigration lawyer to discuss this question with you.

If someone has TPS at the time their asylum application is denied, USCIS cannot refer their asylum case to an immigration judge where the applicant may present the asylum claim for reconsideration. Thus, if you have a weak asylum case that is unlikely to be granted by an immigration judge and have no other relief available, it may be best to proceed with applying for TPS. Those who have a strong case for asylum may prefer not to apply for TPS until after the affirmative asylum application has been denied. Again, it is important to obtain an immigration lawyer to discuss the merits of your asylum application.

Note that obtaining TPS status will “stop the clock” on the requirement to file for asylum within one year of arriving in the United States if the one-year clock has not already expired.

I arrived in the United States through “Operation Allies Welcome,” can I apply for TPS?

Maybe. You may be eligible for TPS but depending on your status you may not need to apply. We recommend talking to a licensed immigration attorney about your case.

Get Help

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.

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Decisión del tribunal Federal de Texas sobre DACA: Preguntas Frecuentes

Esta hoja informativa está actualizada desde el 13 de septiembre de 2023.

English version of this fact sheet.

El 13 de Septiembre del 2023, el juez Andrew Hanen, un juez tribunal del distrito federal en Texas, declaro que el programa de acción diferida para los jóvenes llegados en la infancia (DACA), viola la ley de inmigración de los EE.UU. El tribunal no ordenó a la administración de Biden a cerrar el programa de DACA o dejar de procesar solicitudes de renovación.

¿No ha dictaminado antes el juez Hanen que el programa DACA era ilegal? ¿Por qué está decidiendo este tema nuevamente?

Si, el juez Hanen declaró DACA ilegal en julio del 2021. La razón por la que estaba decidiendo este tema nuevamente es un poco complicado.

El juez Hanen decidió por primera vez que el programa DACA era ilegal en Julio del 2021. Su decisión fue apelada al Tribunal de Apelaciones del Quinto Circuito. El tribunal de apelaciones decidió que la decisión del juez Hanen era correcta, pero un desarrollo muy importante que ocurrió entre la decisión del juez Hanen en Julio 2021 y la decisión del tribunal de apelaciones en octubre 2021.

Específicamente, en el verano del 2022, el Departamento de Seguridad Nacional (DHS) por primera vez emitió reglamento formal para el programa DACA. Estas regulaciones tomaron el lugar del memorando que estableció el programa DACA en 2012. El DHS argumentó que, al pasar por este proceso y formalizar el programa, había solucionado cualquier supuesto problema legal identificado por el juez tribunal del distrito. El tribunal de apelación declaró que el juez Hanen debería tener la primera oportunidad de decidir si las regulaciones, de hecho, solucionaron los supuestos problemas legales.

Esta es la razón por la que el juez Hanen tuvo que decidir una vez más si el programa DACA era ilegal.

¿Qué decidió el juez Hanen el 13 de septiembre del 2023?

El juez Hanen decidió que:

Los estados que impugnaron el programa DACA, tenían el derecho a hacerlo;
Las regulaciones no solucionaron los supuestos problemas legales con el programa DACA;
No había forma de mantener algunas partes del programa DACA y no otras.

El juez Hanen también estuvo de acuerdo en que, mientras el caso pasa por el proceso de apelación, el DHS puede seguir aceptando solicitudes de renovación de DACA.

¿Hay alguna posibilidad de que la decisión del tribunal pueda ser anulada?

Si. Lo más probable es que la administración Biden apele ante el Tribunal de Apelaciones del Quinto Circuito. En una decisión anterior, este tribunal de apelación estuvo de acuerdo con la decisión del juez Hanen de que DACA es ilegal, y hay una probabilidad de que puedan estar de acuerdo con la última decisión del juez Hanen. Independientemente de lo que decida el tribunal de apelación, lo más probable es que la parte perdedora apele el caso ante la Corte Suprema de los EE. UU.

Es probable que la Corte Suprema de los EE. UU. este de acuerdo en escuchar el caso debido a su importancia. Con suerte, la Corte Suprema de los EE. UU. Mantendrá el programa DACA en su lugar, como lo hizo en 2018. Sin embargo, dos de los jueces que votaron a favor de DACA ya no están en la corte, y uno de ellos (la jueza Ruth Bader Ginsburg) fue reemplazada por una jueza (la jueza Amy Coney Barret) que ha votado de manera muy diferente a la juez que ella reemplazó.

Para obtener la más reciente información de este caso, consulte www.ilcm.org y las redes sociales de ILCM.

Ya tengo DACA. ¿Como me afecta esta decisión?

De acuerdo con la decisión, los titulares de DACA todavía tienen estatus de DACA y pueden continuar renovando su estatus de DACA por ahora. Consulte con un abogado de inmigración sobre su situación particular.

Yo soy elegible para DACA, pero aún no he presentado mi solicitud inicial. ¿Como me afecta esta decisión?

Según la decisión Los Servicios de Ciudadanía e Inmigración de los EE. UU. (USCIS) todavía pueden aceptar solicitudes iniciales de DACA, pero USCIS no puede aprobarlas. Consulte con un abogado de inmigración calificado sobre su situación particular.

Yo soy elegible para DACA, y presenté mi solicitud inicial. ¿Como me afecta esta decisión?

Las solicitudes iniciales de DACA están en espera. No se aprobarán nuevas solicitudes de DACA por primera vez en este momento.

La decisión judicial impidió que USCIS aprobara cualquier nuevo caso de DACA. Esto significa que todas las personas que han presentado una solicitud inicial de DACA, (es decir, aquellas que nunca tuvieron DACA y están solicitando por primera vez) y no han recibido una aprobación de USCIS, tendrán su solicitud en espera. Esto se aplica a todos los casos iniciales que no fueron aprobados antes del 16 de Julio del 2021.

Tenía DACA, pero mi DACA expiró. ¿Como me afecta esta decisión?

Si presenta una solicitud de DACA más de un año desde que expiró su última subvención de DACA o después de que su subvención más reciente de DACA se terminara (en cualquier momento), su solicitud se considera una solicitud inicial, no una renovación, bajo la política de USCIS.

USCIS puede aceptar solicitudes iniciales de DACA, pero no puede aprobarlas mientras esta orden judicial permanezca en vigor. Se le emitirá un aviso de recibo y se aceptará su pago. Sin embargo, la solicitud no se procesará más, de conformidad con la orden judicial.

Consulte con un abogado de inmigración calificado sobre su situación particular

Tengo DACA y recibí la libertad condicional anticipada. ¿Cómo me afecta esta decisión?

Esta decisión no decide específicamente si la libertad condicional anticipada está disponible o no en este momento, pero el juez Hanen es muy escéptico sobre ciertas razones por las que se ha concedido la libertad condicional anticipada a los titulares de DACA.

Por favor, consulte con un abogado de inmigración calificado antes de decidir salir de los EE. UU.

¿A dónde puedo llamar si tengo DACA y quiero presentar una solicitud para renovar?

Por favor, llame a ILCM al 1-800-223-1368 durante nuestro horario de admisión para obtener ayuda.

Lunes de 10 a.m. a 1 p.m.
Martes de 1 a 4 p.m.
Miércoles de 10 a.m. a 1 p.m.
Jueves de 3 a 6 p.m.

¿Dónde puedo encontrar apoyo de salud mental?

United We Dream ha creado un kit de herramientas para apoyar la salud mental. Por favor visite esto sitio web para revisar sus recursos: Kit de herramientas de salud mental | United We Dream

Para obtener servicios de asesoramiento, puede ponerse en contacto con el Centro de Asesoramiento sin cita para servicios remotos gratuitos (por teléfono o en línea). Consulte su sitio web para obtener más información: https://walkin.org/counseling-services/locations-hours/. Si desea una cita en español, llame al 612-870-0565 x2

¿Dónde puedo obtener más actualizaciones sobre DACA?

Puede consultar nuestro sitio web en www.ilcm.org para obtener más actualizaciones de DACA.

Versión PDF de la hoja informativa

Fact Sheet: Temporary Protected Status for Sudan

Updated on and current as of September 8, 2023. This is not legal advice.

UPDATE: On September 8, 2023, the Department of Homeland Security (DHS) extended the re-registration period for Sudan until April 19, 2025.

On August 18, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Sudan for Temporary Protected Status (TPS) for 18 months. This extension and redesignation will be in effect from Oct. 20, 2023, through April 19, 2025. For additional information, please see the Federal Register notice.

What is temporary protected status (TPS)?

What does the extension of TPS for Sudan mean? UPDATED

If you have TPS under the Sudan designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period. The re-registration period for existing beneficiaries runs until April 19, 2025. The Federal Register notice (FRN) provides further details. A new FRN for this re-registration extension will be published soon.

Recognizing that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires, U.S. Citizenship and Immigration Services (USCIS) is automatically extending EADs previously issued through October 19, 2024.

What does the redesignation of TPS for Sudan mean?

If you are a Sudan national and have never had TPS, you can now apply for TPS if you have lived in the United States continuously since August 16, 2023

Other eligibility criteria are detailed in the Federal Register notice. All individuals applying for TPS undergo security and background checks as part of determining eligibility. The Federal Register notice will explain the eligibility criteria applicants must meet and describe procedures necessary to submit an initial TPS application and apply for work authorization documentation.

Is TPS status given automatically?

How do I apply for TPS? UPDATED

If you have TPS and are applying for an extension of your TPS under the Sudan designation your re-registration period runs from August 21, 2023, through April 19, 2025.

If you do not have TPS and are applying for TPS under the Sudan designation for the first time, your registration period runs from August 21, 2023, through April 19, 2025.

More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the Federal Register notice (FRN). A new FRN for this re-registration extension will be published soon.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending and redesignating Sudan for TPS for an 18-month period effective on October 20, 2023 and will remain in effect for eighteen months, through April 19, 2025. That said, TPS status can be extended.

I am from Sudan, and I currently have TPS under the 2022 designation. Should I apply for TPS under this redesignation?

No, you do not need to file a new TPS application under this redesignation, but you need to reregister during the reregistration period August 21, 2023 to April 19, 2025 to maintain your TPS.

I am from Sudan, and I currently have TPS under the 2013 designation. Should I apply for TPS under this redesignation?

Yes, you should consider filing an initial TPS application under this redesignation. If granted, you will retain TPS under this designation regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.

I am from Sudan and do not have TPS. Can I apply?

Maybe. If you have continuously resided in the United States as of August 16, 2023, and you are otherwise eligible, you may register for TPS during the registration period for first-time applicants. Talk to an immigration attorney to further discuss your specific situation.

Does TPS Status provide a path to permanent residency?

Get Help

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Congress Must Act to Protect Dreamers

On September 13 2023, Judge Andrew Hanen, a federal district court judge in Texas, ruled that the Deferred Action for Childhood Arrivals (DACA) program violates U.S. immigration law. For now, current DACA holders can continue to renew DACA, but it is uncertain for how long. Moreover, young people who became eligible for the program after 2017, and young people who entered the country after the cut-off date for the program have no protection while this legal and policy nightmare continues. No protection from deportation. No right to work. No way to move forward with their education, their careers, and their lives.

Today, we ask you to join us in taking action. Let us channel our anger, frustration, and sadness into supporting Minnesota’s 5,000 DACA holders and the thousands of Minnesota immigrant youth who have been unable to apply for the program because of the litigation that has ensued since the Trump administration attempted to end the program in 2017.

Congress must act, but it will only act if members know that supporting DREAMers is a top priority for their constituents. Call your Senators. Call your Congressional Representative. Tell them that Congress should immediately pass a pathway to citizenship for DACA recipients and immigrant youth.

The litigation regarding the DACA program is not over. DACA was instituted by the Obama administration in 2012. The legal battle over DACA began in 2017, with an attempt by the Trump administration to end the program. The September 13, 2023 decision from a federal district judge in Texas is the latest in a long series of rulings in litigation attacking DACA. The next step will be an appeal to the Fifth Circuit Court of Appeals.

Learn more about this decision and what it means for current DACA recipients and immigrant youth in ILCM’s Frequently Asked Questions Fact Sheet.

Call your Senators. Call your Congressional Representative. Tell them that Congress should immediately pass a pathway to citizenship for DACA recipients and immigrant youth.

Suggested message:

“As your constituent, I am calling to ask that you swiftly pass a pathway to citizenship for all DREAMers. They are valuable members of our community, who work, study, and pay taxes. They deserve a secure place in our community.

“Dreamers make vital contributions to our communities. Over the next decade, Dreamers who currently have DACA will contribute an estimated $433.4 billion to the GDP if they can continue to work legally in the U.S. They play an essential role in our economy and post-pandemic recovery: nearly 30,000 DACA recipients work in health care across the U.S., and around one million DACA recipients and other Dreamers are essential workers.

“DREAMERs make our communities better.

“Please act today to support Minnesota’s 5,000 DACA holders and the thousands of Minnesota immigrant youth who have been unable to apply for the program. I urge you to support legislation that offers a pathway to permanent status for DACA recipients and other Dreamers.”

You can also support DACA recipients and DREAMers by supporting ILCM. Donate today to help ILCM push for a pathway to citizenship for DACA recipients and immigrant youth.

Federal Judge Declares DACA Illegal Again; ILCM Calls for Congressional Action

Federal Judge Declares DACA Illegal Again; ILCM Calls for Congressional Action

September 14, 2023— Wednesday’s ruling against the Deferred Action for Childhood Arrivals (DACA) program once again threatens the security of young immigrants who were brought to this country as children. The court did not order the Biden administration to shut down the DACA program or stop processing renewal applications at this time, but “until Congress acts to pass the DREAM Act, every DACA recipient remains in jeopardy, their status threatened by every new court ruling,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM).

“DACA protects young people who have grown up in our communities, who risked their lives working in our hospitals and nursing homes during the pandemic, whose children are U.S. citizens.”

The legal battle over DACA began in 2017, with an attempt by the Trump administration to end the program. The September 13, 2023, decision from a federal district judge in Texas is the latest in a long series of rulings in litigation challenging DACA. The next step will be an appeal to the Fifth Circuit Court of Appeals.

Today DACA protects nearly 600,000 young immigrants who grew up in the United States, including almost 5,000 in Minnesota. These DACA recipients include the parents of approximately 300,000 U.S. citizen children. DACA recipients include nearly 34,000 health care workers, 20,000 educators, and a total of 343,000 essential workers. They own 68,000 homes. DACA recipient households pay $6.2 billion in federal taxes and $3.3 billion in state and local taxes each year.

More than a million young people across the country—and more than 8,000 in Minnesota—are eligible for DACA but have not been allowed to apply because of the court orders issued in the ongoing legal battles. The only sure protection for current DACA recipients and for these eligible young people is Congressional action to open a path to permanent legal status and citizenship.

Texas Federal Court Decision on DACA: Frequently Asked Questions

This fact sheet is current as of September 13, 2023.

Versión en español de la hoja informativa.

On September 13, 2023, Judge Andrew Hanen, a federal district court judge in Texas, decided that the Deferred Action for Childhood Arrivals (DACA) program violates U.S. immigration law. The court did not order the Biden administration to shut down the DACA program or stop processing renewal applications.

Hasn’t Judge Hanen ruled that the DACA program was illegal before? Why was he deciding this issue again?

Yes, Judge Hanen declared DACA illegal in July 2021. The reason he was deciding the issue again is a bit complicated.

Judge Hanen first decided that the DACA program was unlawful in July 2021. His decision was appealed to the Fifth Circuit Court of Appeals. The appellate court decided that Judge Hanen’s decision was correct, but they noted a very important development that occurred between Judge Hanen’s decision in July 2021 and the appellate court’s decision in October 2022.

Specifically, in the summer of 2022, the Department of Homeland Security (DHS) for the first time issued formal regulations for the DACA program. These regulations took the place of the memorandum that established the DACA program in 2012. DHS argued that, by going through this process and formalizing the program, it had fixed any supposed legal problems identified by the district court judge. The appellate court stated that Judge Hanen should have the first chance to decide whether the regulations did, in fact, fix the supposed legal problems.

This is why Judge Hanen had to once again decide whether the DACA program was legal.

What did Judge Hanen decide on September 13, 2023?

Judge Hanen decided that:

The states that challenged the DACA program had the right to do so;
The regulations did not fix the supposed legal problems with the DACA program; and
There was no way to uphold some parts of the DACA program and not others.

Judge Hanen also agreed that, while the case goes through the appeals process, DHS can continue to accept approve DACA renewal applications.

Is there a possibility that the court’s decision could be overturned?

Yes. Most likely, the Biden administration will appeal to the Fifth Circuit Court of Appeals. In a prior decision, this appellate court agreed with Judge Hanen decision that DACA is illegal, and there is a good chance they could agree with Judge Hanen’s latest decision. Regardless of what the appellate court decides, the losing party will most likely appeal the case to the U.S. Supreme Court.

The U.S. Supreme Court would likely agree to hear the case because of its significance. Hopefully, the U.S. Supreme Court will keep DACA in place, just as it did in 2018. However, two of the justices who voted in favor of DACA are no longer on the court, and one of them (Justice Ruth Bader Ginsburg) was replaced by a judge (Justice Amy Coney Barrett) who has voted very differently from the justice she replaced.

For the latest information in this case, please check www.ilcm.org and ILCM’s social media.

I already have DACA. How does this decision affect me?

According to the decision, DACA holders still have DACA status and can continue to renew their DACA status for now. Consult with a qualified immigration lawyer about your particular situation.

I am eligible for DACA, but I have not yet submitted my initial application. How does this decision affect me?

According to the decision, U.S. Citizenship and Immigration Services (USCIS) can still accept initial DACA applications, but USCIS cannot approve them. Consult with a qualified immigration lawyer about your particular situation.

I am eligible for DACA, and I submitted my initial application. How does this decision affect me?

Initial DACA applications are on hold. No new DACA first time applications will be approved at this time. The court decision blocked USCIS from approving any new DACA cases. This means that all people who have submitted a DACA initial application, (i.e., those that never had DACA and are applying for the first time) and have not received an approval from USCIS, will have their application held. This applies to all initial cases that were not approved before July 16, 2021.

I had DACA, but my DACA expired. How does this decision affect me?

If you submit a DACA request more than one year since your last grant of DACA expired or after your most recent DACA grant was terminated (at any time), your request is considered an initial request, not a renewal, under USCIS policy.

USCIS can accept initial DACA requests, but it cannot approve them while this court order remains in effect. You will be issued a receipt notice, and your payment will be accepted. However, the request will not be further processed, in compliance with the court order.

Consult with a qualified immigration lawyer about your particular situation.

I have DACA and received Advance Parole. How does this decision affect me?

This decision does not specifically decide whether Advance Parole is or is not available at this time, but Judge Hanen is very skeptical about certain reasons Advance Parole has been granted to DACA holders. Please consult with a qualified immigration lawyer before you decide to leave the U.S.

Where can I call if I have DACA and want to file to renew?

Please call ILCM at 1-800-223-1368 during our intake hours for assistance.

Mondays 10 a.m. – 1 p.m.
Tuesdays 1 – 4 p.m.
Wednesdays 10 a.m. – 1 p.m.
Thursdays 3 – 6 p.m.

Where can I find mental health support?

United We Dream has created a tool kit to support mental health. Please see this website to review their resources: Mental Health Toolkit | United We Dream

For counseling services, you can contact the Walk-In Counseling Center for free remote (phone or on-line) services. See their website for information: https://walkin.org/counseling-services/locations-hours/. If you want an appointment in Spanish, please call 612-870-0565 x2.

Where can I get more updates about DACA?

You can check our website at www.ilcm.org for further DACA updates.

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Fact Sheet: Temporary Protected Status for Haiti

This fact sheet was updated on and is current as of September 8, 2023. This is not legal advice.

UPDATE: On September 8, 2023, the Department of Homeland Security (DHS) extended the re-registration period for Haiti until August 3, 2024.

On December 5, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced an extension and redesignation of Haiti for Temporary Protected Status (TPS). This extension and redesignation will be in effect from February 4, 2023, through August 3, 2024. Instructions for applying for TPS are included in the Federal Register Notice (FRN) on TPS Haiti.

What is temporary protected status (TPS)?

What does the extension of TPS for Haiti mean? UPDATED

If you have TPS under the Haiti designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period. The 60-day re-registration period for existing beneficiaries runs from January 26, 2023 through August 3, 2024. The Federal Register notice (FRN) provides further details. A new FRN for this re-registration extension will be published soon.

Because of processing delays with re-registration, DHS has automatically extended EADs issued under the August 3, 2021 TPS designation of Haiti to February 3, 2024. To show employment authorization under this automatic extension, you must have an EAD with eligibility category “A-12” or “C-19” with an expiration date of February 3, 2023 and show your employer a copy of the Federal Register Notice.

What does the redesignation of TPS for Haiti mean?

If you are a Haitian national and have never had TPS, you can now apply for TPS for the first time if you have lived in the United States continuously since November 6, 2022. You can apply for TPS during the registration period. You must also meet the eligibility requirements. The initial registration period for new applicants under the Haiti TPS redesignation begins on January 26, 2023 and will remain in effect through August 3, 2024. The FRN provides further details.

How do I apply for TPS? UPDATED

If you have TPS and are applying for an extension of your TPS under the Haiti designation your re-registration period runs from January 26, 2023 through August 3, 2024.

If you do not have TPS and are applying for TPS under the Haiti designation for the first time, your registration period runs from January 26, 2023 through August 3, 2024.

Is TPS status given automatically?

How long will eligible people have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending and redesignating TPS for Haiti until August 3, 2024. TPS status can, however, be extended.

I am from Haiti and currently have TPS. Do I need to re-register?

Maybe. If you are a beneficiary of TPS under the August 2021 Haiti designation, you should re-register under this extension.

If you have TPS under the 2011 TPS designation* you are allowed to apply under this redesignation of TPS for Haiti. Talk to an immigration attorney to further discuss your specific situation.

*On November 10, 2022, DHS posted a Federal Register Notice announcing that beneficiaries under the 2011 TPS designation for Haiti, will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remain in effect, provided they remain individually eligible for TPS. Their Employment Authorization Documents (EAD) are extended automatically through June 30, 2024.

I am from Haiti, and I currently have TPS under the 2011 designation. Should I apply for TPS under this redesignation?

Maybe. You are allowed to apply under this redesignation of Haiti and if granted, you will retain TPS under this designation regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.

I am from Haiti and do not have TPS. Can I apply?

Maybe. If you have continuously resided in the United States as of November 6, 2022, and you are otherwise eligible, you may register for TPS during the registration period for first-time applicants (01.26.23-08.03.24). Talk to an immigration attorney to further discuss your specific situation.

Does TPS Status provide a path to permanent residency?

Get Help

Printable PDF version of this fact sheet.

Fact Sheet: Temporary Protected Status El Salvador, Honduras, Nepal, and Nicaragua

This ILCM fact sheet was updated on and is current as of September 8, 2023. It is not legal advice.

UPDATE: On September 8, 2023, the Department of Homeland Security (DHS) extended the reregistration period for El Salvador, Honduras, Nepal, and Nicaragua. A new FRN for this re-registration extension will be published soon.

On June 21, 2023, the Department of Homeland Security (DHS) published Federal Register notices (FRNs) announcing the rescission of the 2017 and 2018 terminations of the Temporary Protected Status (TPS) designations of El Salvador, Honduras, Nepal, and Nicaragua effective June 9, 2023, and the extension of those countries’ TPS designations. All TPS holders from these countries are required to re-register during their country’s re-registration period.

Country	Status of TPS	Current End Date	Re-Registration Period
El Salvador	Extended by DHS on June 21, 2023	March 9, 2025 Also, as long as the preliminary injunction in Ramos remains in effect.	July 12, 2023 – March 9, 2025
Honduras	Extended by DHS on June 21, 2023	July 5, 2025 Also, as long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect.	November 6, 2023 – July 5, 2025
Nepal	Extended by DHS on June 21, 2023	June 24, 2025 Also, as long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect.	October 24, 2023 – June 24, 2025
Nicaragua	Extended by DHS on June 21, 2023	July 5, 2025 Also, as long as the preliminary injunction in Ramos remains in effect.	November 6, 2023 – July 5, 2025

What is temporary protected status (TPS)?

What does the extension of TPS for El Salvador, Honduras, Nepal, and Nicaragua mean?

This extension enables current TPS holders from El Salvador, Honduras, Nepal, and Nicaragua to apply to extend their TPS status. To receive the TPS extension you must re-register during the re-registration period.

The Federal Register notice (FRN) from November 2022 still automatically extends the validity of TPS-related Employment Authorization Documents (EADs); Notices of Action (Forms I-797); and Arrival/Departure Records (Forms I-94), (collectively “TPS-related documentation”) for TPS holders from El Salvador, Honduras, Nepal, and Nicaragua until June 30, 2024.

Who is eligible for TPS under this extension?

Only current TPS holders from El Salvador, Honduras, Nepal, Nicaragua are eligible for the extension if they otherwise continue to meet eligibility requirements.

*If you previously had TPS under these countries’ designations but you failed to re-register for TPS during a prior registration period, talk with an immigration attorney before filing to re-register for TPS.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending TPS for current TPS holders from El Salvador, Honduras, Nepal, and Nicaragua.

El Salvador from September 10, 2023, through March 9, 2025
Honduras from January 6, 2024, through July 5, 2025
Nepal from December 25, 2023, through June 24, 2025
Nicaragua from January 6, 2024, through July 5, 2025

When are the re-registration periods? UPDATED

You must re-register during the re-registration period to extend your TPS status.

El Salvador (60-day re-registration period from July 12, 2023, through March 9, 2025)
Honduras (60-day re-registration period from Nov. 6, 2023, through July 5, 2025)
Nepal (60-day re-registration period from Oct. 24, 2023, through June 24, 2025)
Nicaragua (60-day re-registration period from Nov. 6, 2023, through July 5, 2025)

How long is my EAD valid now?

Your Employment Authorization Document (EAD) is still valid through June 30, 2024. You can also apply for a new EAD that will be valid as long as you have protection under a TPS designation.

How do I prove my EAD was extended?

To prove your EAD is extended until June 30, 2024, TPS holders can show their EADs and the Federal Register Notice to employers to demonstrate that DHS has extended your EAD and employment authorization through June 30, 2024. The Federal Register notice explains how TPS holders and their employers may determine which EADs are automatically extended.

El Salvador

This extension of TPS for El Salvador is from September 10, 2023, through March 9, 2025, so long as you otherwise continue to meet the eligibility requirements for TPS. El Salvador Federal Register Notice

I am from El Salvador and currently have TPS. Do I need to re-register? UPDATED

Yes. Current TPS holders under the El Salvador TPS designation need to re-register to maintain TPS. You must re-register during the 60-day re-registration period that runs from July 12, 2023, through March 9, 2025.

You can also apply for a new EAD that will be valid until March 9, 2025.

I am from El Salvador and do not currently have TPS, may I apply?

If you never had TPS for El Salvador, you cannot apply for TPS now. If you previously had TPS for El Salvador but failed to re-register for TPS during a prior registration period, talk with an immigration attorney before filing to re-register for TPS.

Honduras

This extension of TPS for Honduras is from January 6, 2024, through July 5, 2025, so long as you otherwise continue to meet the eligibility requirements for TPS. Honduras Federal Register Notice

I am from Honduras and currently have TPS. Do I need to re-register? UPDATED

Yes. Current TPS holders under the TPS designation for Honduras need to re-register to maintain TPS. You must re-register during the 60-day re-registration period that runs from November 6, 2023, through July 5, 2025.

You can also apply for a new EAD that will be valid until July 5, 2025.

I am from Honduras and do not currently have TPS, may I apply?

If you never had TPS for Honduras, you cannot apply for TPS now. If you previously had TPS for Honduras but failed to re-register for TPS during a prior registration period, talk with an immigration attorney before filing to re-register for TPS.

Nepal

This extension of TPS for Nepal is from December 25, 2023, through June 24, 2025, so long as you otherwise continue to meet the eligibility requirements for TPS. Nepal Federal Register Notice

I am from Nepal and currently have TPS. Do I need to re-register? UPDATED

Yes. Current TPS holders under the TPS designation for Nepal need to re-register to maintain TPS. You must re-register during the 60-day re-registration period for existing beneficiaries that runs from October 24, 2023, through June 24, 2025.

You can also apply for a new EAD that will be valid until June 24, 2025.

I am from Nepal and do not currently have TPS, may I apply?

If you never had TPS for Nepal, you cannot apply for TPS now. If you previously had TPS for Nepal but failed to re-register for TPS during a prior registration period, talk with an immigration attorney before filing to re-register for TPS.

Nicaragua

This extension of TPS for Nicaragua is from January 6, 2024, through July 5, 2025, so long as you otherwise continue to meet the eligibility requirements for TPS. Nicaragua Federal Register Notice

I am from Nicaragua and currently have TPS. Do I need to re-register? UPDATED

Yes. Current TPS holders under the TPS designation for Nicaragua need to re-register to maintain TPS. You must re-register during the 60-day re-registration period for existing beneficiaries that runs from November 6, 2023, through July 5, 2025.

You can also apply for a new EAD that will be valid until July 5, 2025.

I am from Nicaragua and do not currently have TPS, may I apply?

If you never had TPS for Nicaragua, you cannot apply for TPS now. If you previously had TPS for Nicaragua but failed to re-register for TPS during a prior registration period, talk with an immigration attorney before filing to re-register for TPS.

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Fact Sheet: Temporary Protected Status for South Sudan

This fact sheet is current as of September 7, 2023.

On September 5, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of South Sudan for Temporary Protected Status for 18 months, from November 4, 2023, through May 3, 2025. Instructions for applying for TPS are included in the Federal Register Notice (FRN) on TPS South Sudan.

What is temporary protected status (TPS)?

The Secretary of the Department of Homeland Security (DHS) grants TPS to individuals from designated countries who are unable to return home safely due to conditions or circumstances in their home countries.

During the designated TPS period, TPS holders can live in the United States and should not be detained by DHS solely based on their immigration status. TPS holders are eligible to apply for an employment authorization document (EAD) and for travel authorization.

What does the extension of TPS for South Sudan mean?

If you have TPS as a South Sudan national, you can apply to extend TPS. To receive the TPS extension, you must re-register for TPS in the re-registration period from September 6, 2023, through November 6, 2023. If approved, your TPS and EAD will be extended until May 3, 2025.

What does the redesignation of TPS for South Sudan mean?

If you are a South Sudanese national and have never had TPS, you can now apply for TPS for the first time. If you have lived in the United States continuously since September 4, 2023, you can apply for TPS between September 6, 2023, through May 3, 2025. You must also meet the eligibility requirements.

How do I apply for TPS?

People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility. More details about the eligibility criteria to submit an initial TPS application and apply for an EAD can be found in the Federal Register Notice.

Is TPS status given automatically?

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending and redesignating South Sudan for TPS until May 3, 2025.

I have South Sudan TPS, can I apply to extend it?

Yes. Under South Sudan TPS, individuals who already have TPS must apply before November 6, 2023 to extend their TPS.

I do not have TPS, can I apply for the first time?

Yes. Individuals applying for TPS for the first time can apply during the entire initial registration period from September 6, 2023, to May 3, 2025.

I have been in the United States since before September 4, 2023, but I have left for short periods of time. Can I apply for TPS?

Maybe. Whether you still qualify for TPS depends on the length and nature of your time outside of the United States. Please contact an immigration attorney to discuss your situation further.

I am from South Sudan, and I came to the United States as a refugee. Do I need to apply for TPS?

No. People who are in the United States with refugee status can live and work here and apply for permanent resident status after one year. They do not require TPS.

I am from South Sudan, and I now have a green card. Do I need to apply for TPS?

No. As a permanent resident, you have legal status in the United States and are on a path to citizenship. You do not need and would not qualify for TPS.

I am from South Sudan, and I am in deportation proceedings. Can I apply for TPS to avoid deportation?

Yes. A person in removal proceedings can apply for TPS, and if approved, can request that the judge put the removal case on hold until TPS is approved, and then for the time it is in effect.

I am from South Sudan, and the police have given me tickets here. Can I apply for TPS?

Maybe. You should show your tickets, police reports, and court records to an immigration lawyer before filing. A person with two misdemeanors or one felony conviction cannot get TPS. A lawyer can tell you if the tickets will be a problem.

Which people from South Sudan should consider applying for TPS?

People who are here with no legal status should consider applying. Also, those who are here on a visa that is for a limited time or that does not allow employment might also benefit by receiving Temporary Protected Status. Having TPS does not hurt anything.

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