Viewing entries tagged
temporary protected status

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DHS Extends TPS for Ukraine, Sudan, El Salvador, and Venezuela

The Department of Homeland Security has extended Temporary Protected Status for citizens of Ukraine, Sudan, El Salvador, and Venezuela.

The extension of TPS for Ukraine allows approximately 103,700 current eligible beneficiaries to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for TPS under Ukraine’s designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status. The official announcement can be found here: https://www.dhs.gov/news/2025/01/10/dhs-extend-temporary-protected-status-ukraine

The extension of TPS for Sudan allows approximately 1,900 current eligible beneficiaries to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for TPS under Sudan’s designation. This population includes nationals of Sudan (and individuals without nationality who last resided in Sudan) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status. The official announcement can be found here: https://www.dhs.gov/news/2025/01/10/dhs-extend-temporary-protected-status-sudan#:~:text=After%20reviewing%20the%20country%20conditions,including%20direct%20attacks%20on%20civilians.

Venezuelan individuals may be eligible if they have continuously resided in the United States on or before July 31, 2023: https://www.dhs.gov/news/2025/01/10/dhs-extend-temporary-protected-status-venezuela

The extension of TPS for El Salvador allows approximately 232,000 current beneficiaries to re-register for TPS, if they have continuously resided in the United States since March 9, 2001: https://www.dhs.gov/news/2025/01/10/dhs-publishes-federal-register-notice-extending-temporary-protected-status-el

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DHS Designates Lebanon for TPS

The Department of Homeland Security has designated Lebanon for Temporary Protected Status. The designation of Lebanon for TPS will allow Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) who have been continuously residing in the United States since October 16, 2024 to file initial applications for TPS, if they are otherwise eligible.

The full announcement can be found here:

https://www.dhs.gov/news/2024/10/17/dhs-offers-protections-lebanese-nationals-currently-united-states

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DHS Extends and Redesignates Burma for TPS

Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Burma for Temporary Protected Status for 18 months, from May 26, 2024, to November 25, 2025, due to extraordinary and temporary conditions in Burma that prevent individuals from safely returning. The extension of TPS for Burma allows approximately 2,300 current beneficiaries to retain TPS through November 25, 2025, if they continue to meet TPS eligibility requirements. The redesignation of Burma for TPS allows an estimated 7,300 additional nationals of Burma (or individuals having no nationality who last habitually resided in Burma) to file initial applications to obtain TPS, if they are otherwise eligible and if they established residence in the United States on or before March 21, 2024, and have continued to reside in the United States since then.

The full text of the announcement can be found here:

https://www.dhs.gov/news/2024/03/22/secretary-mayorkas-announces-extension-and-redesignation-burma-myanmar-temporary

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USCIS Redesignates and Extends TPS for Ukraine

U.S. Citizenship and Immigration Services has announced an extension and redesignation of Temporary Protected Status (TPS) for Ukraine. Ukrainians who have been physically present in the United States since August 16, 2023, and who are not otherwise ineligible for TPS, may now apply.

The official announcement can be found here: https://www.dhs.gov/news/2023/08/18/secretary-mayorkas-extends-and-redesignates-temporary-protected-status-ukraine

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DHS Designates Cameroon for TPS and Updates Residency Date for Ukrainian TPS

The Department of Homeland Security has designated Cameroon for Temporary Protected Status, protecting Cameroonians residing in the United States since April 14, 2022:

https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-designates-cameroon-for-temporary-protected-status-for-18-months

In addition, the federal register notification of Ukrainian TPS has been published, and now permits Ukrainians in the United States as of April 11, 2022 to apply:

https://www.govinfo.gov/content/pkg/FR-2022-04-19/pdf/2022-08390.pdf

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SCOTUS Finds that TPS is not an Admission

The Supreme Court has determined that a grant of Temporary Protected Status (TPS) does not, in and of itself, render a non-citizen “admitted” to the United States. The Court did not reach the question of whether a TPS holder who travels on parole would be considered “admitted or paroled” for the purpose of adjustment of status. In addition, the decision contains some very worrisome language implying that a grant of a U visa would not qualify as admission.

The full text of Sanchez v. Mayorkas can be found here:

https://www.supremecourt.gov/opinions/20pdf/20-315_q713.pdf

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BIA Finds that Prior TPS is Not Admission

The Board of Immigration Appeals (Board) has determined than an individual who previously held Temporary Protected Status (TPS) has not been admitted to the United States for removability purposes. The Board also reaffirmed that outside of the Sixth, Eighth, and Ninth Circuits, TPS is not an admission for adjustment of status purposes.

The full text of Matter of Padilla Rodriguez can be found here:

https://www.justice.gov/eoir/page/file/1339091/download

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Ninth Circuit Vacates TPS Injunctions

The Ninth Circuit has vacated the injunctions preventing the government from implementing the planned termination of Temporary Protected Status (TPS) for citizens of multiple countries. The court found that the decision to terminate TPS is non-reviewable by judicial authorities, absent constitutional concerns. The court further found that the district court abused its discretion in concluding that Plaintiffs presented at least serious questions on the merits of their Equal Protection claim, which was premised on the assertion that the decision to terminate TPS was motivated by racial animus.

The full decision of Ramos v. Wolf can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/09/14/18-16981.pdf

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First Circuit Finds Departure under Subsequently-Reopened Removal Order Breaks Physical Presence for TPS

The First Circuit has determined that an individual who departed the United States for 98 days under an in absentia removal order broke his continuous physical presence for the purpose of Temporary Protected Status. Although an Immigration Judge rescinded the removal order, the Board of Immigration Appeals later determined that the rescission was inappropriate. The First Circuit left open the possibility that a properly reopened removal order might negate the interruption to physical presence.

The full text of Machado Siagaran v. Barr:

http://media.ca1.uscourts.gov/pdf.opinions/19-1282P-01A.pdf

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