WHAT YOU NEED TO KNOW ABOUT AUTOMATIC TPS EXTENSION
Temporary Protected Status (TPS) is a federally operated program that gives temporary legal status to immigrants from certain designated countries. The TPS designation is generally granted when conditions in a certain country (or area within a country) are unsafe for its residents, including when there is an active armed conflict within the country, a natural disaster (such as a hurricane or earthquake), a epidemic or other temporary extraordinary conditions.
The Trump Administration announced the cancellation of the TPS designation for El Salvador, Haiti, Nicaragua and Sudan. Here's what you need to know about TPS status.
A court order blocked the cancellation of the TPS for El Salvador, Haiti, Nicaragua, Sudan, and Honduras.
The court order in the Ramos v. Nielsen blocked the cancellation of the TPS for El Salvador, Haiti, Nicaragua and Sudan. The original cancellation dates that were blocked are:
El Salvador: TPS ended on September 9, 2019 but is now extended by court order.
Haiti: TPS ended on January 22, 2019 but is now extended by court order.
Nicaragua: TPS ended on January 9, 2019 but is now extended by court order.
Honduras: The TPS designation was scheduled to end on January 5, 2020.
The court order in the Ramos v. Nielsen has STOPPED the cancellation of TPS for El Salvador, Haiti, Nicaragua and Sudan. The same court order has blocked the government from making a decision to end TPS for Honduras. The government appealed the court order in the Ramos case and we are awaiting a decision by the appeals court on whether TPS cancellations continue to be blocked.
Automatic TPS Work Permit Extensions as of January 2, 2020.
The federal government has issued a notice that automatically extends work permits for people with TPS from El Salvador, Haiti, Nicaragua, and Sudan until January 2, 2020 based on the court order in the Ramos case. This means that people who have TPS from El Salvador, Haiti, Nicaragua and Sudan can legally work in the United States even if their work permits have an expired date. Work permits for Honduras are valid until January 5, 2020.
What Happens If an Employer Asks to Verify the Work Permit of a TPS Beneficiary
If an employer seeks to reverify the work authorization of a beneficiary with TPS status from El Salvador, Haiti, Nicaragua, or Sudan, that worker may show their employer a copy of the applicable Federal Register Notice to show the automatic extension of their job.
The Federal Register Notice can be found at:
https://www.federalregister.gov/documents/2019/03/01/2019-03783/continuation-of-documentation-for-beneficiaries-of-temporary-protected-status-designations-for-sudan
Workers do not need to submit any additional documentation for automatic extension.
People with TPS Should Seek Immigration Advice
It is important for people with TPS status to find out if they may be eligible for any other type of immigration relief.