The US Department of Homeland Security (DHS) stated on Thursday that it will extend Temporary Protected Status (TPS) for individuals from Sudan, Nicaragua, Haiti and El Salvador as long as a temporary injunction issued in October remains in effect.
The DHS is also extending the validity of TPS-related documents, such as Employment Authorization Documents, through January 2, 2020.
These extensions are contingent on an individual’s TPS not being withdrawn under § 244(c)(3) of the Immigration and Nationality Act or 8 CFR 244.14.
The DHS statement provides for “an orderly transition period” in case the preliminary injunction is reversed. In the event that TPS-related documents are terminated, individuals will have at least 120 days notice.
TPS is a temporary immigration status protecting individuals from designated countries, allowing them to stay in the US for a period of time. Individuals with this status are able to remain and work in the US as long as they meet the requirements of TPS. This designation does not lead to lawful permanent resident status.
A California District Court issued the injunction in October following the Trump administration’s attempts to end TPS for these countries. Under three prior presidents TPS was renewed due to “adverse and dangerous conditions in these countries.”
The court noted that ending this status would “irreparably harm” and place a “great hardship” on the 300,000 current TPS beneficiaries. It is argued that the Trump administration made this change without explanation or justification, violating the Administrative Procedure Act. Additionally, the court noted that this change may be based on “animus against non-white, non-European immigrants in violation of Equal Protection guaranteed by the Constitution.”