Articles Posted in Nicaragua

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Validity of TPS EADs with a September 9, 2019 Expiration Date Remain Valid through January 2, 2020 for El Salvador, Sudan, Nicaragua, and Haiti

The DOJ has announced that Employment Authorization Cards received under the Temporary Protected Status country designation for El Salvador, Sudan, Nicaragua, and Haiti, with a September 9, 2019 expiration date will remain valid through January 2, 2020.

Earlier this year, the government published a notice in the Federal Register indicating that DHS would be automatically extending through January 2, 2020, the validity of TPS-related Employment Authorization Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and Forms I-94 (Arrival/Departure Record) (collectively “TPS-Related Documentation”), for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, provided that the affected TPS beneficiaries remain otherwise individually eligible for TPS.

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In response to a court ordered preliminary injunction, that blocked the government’s plans to end the temporary protected status (TPS) of immigrants from El Salvador, Sudan, Haiti, and Nicaragua, the government has outlined a detailed plan to comply with the judge’s order.

As previously reported, U.S. District Judge Edward Chen issued a preliminary injunction temporarily stopping the United States government from rescinding the temporary protected status designation for immigrants from Sudan, El Salvador, Haiti, and Nicaragua.

Before the preliminary injunction the TPS designations would officially terminate as follows:

  • Sudan, TPS Designation was to terminate on November 2, 2018
  • Nicaragua, TPS Designation was to terminate on January 5, 2019
  • Haiti, TPS Designation was to terminate on July 22, 2019
  • El Salvador, TPS Designation was to terminate on September 9, 2019

To comply with the court order, USCIS has notified the court that the agency will be publishing a notice in the Federal Register, announcing that the TPS designations for Sudan, Haiti, El Salvador, and Nicaragua will remain in effect as long as the preliminary injunction remains in effect pending the resolution of the case. The Department of Homeland Security will continue to recognize the validity of TPS-related Employment Authorization Documents (EADs), Form I-94 Arrival and Departure Records, and Forms I-797 Notices of Action otherwise known as Approval Notices, to demonstrate the lawful status sand employment authorization of affected TPS beneficiaries.

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The Washington Post recently reported that President Trump is expected to deliver a scathing speech on immigration this upcoming Tuesday October 30, 2018. The President’s speech will come just a week before the highly contested midterm elections, where more than 425 House seats are up for re-election.

Interestingly, the Post is reporting that President Trump is gearing up to invoke his executive power to prevent Central American migrants from applying for asylum at the Southwest border. Such a move would trigger constitutional challenges in federal court. However, as we know, the President and his administration have not shied away from controversy.

The President is eager to present his agenda to boost his approval ratings and encourage Republican voters to support GOP candidates in battleground states.

Earlier this month the President expressed his sentiments regarding an immigrant caravan consisting of more than 7,000 Central American migrants’ intent on reaching the U.S. border.

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Yesterday, Federal Judge Edward Chen, of the United States District Court for the Northern District of California, issued a preliminary injunction temporarily stopping the United States government from rescinding the temporary protected status designation for immigrants from Sudan, El Salvador, Haiti, and Nicaragua.

By court order, the government must maintain the TPS designation for the above-mentioned countries, and continue to allow beneficiaries of these countries, to apply for employment authorization, while a lawsuit challenging the rescission of TPS for these countries moves through the court system.

Before the preliminary injunction the TPS designations would officially terminate as follows:

  • Sudan, TPS Designation was to terminate on November 2, 2018
  • Nicaragua, TPS Designation was to terminate on January 5, 2019
  • Haiti, TPS Designation was to terminate on July 22, 2019
  • El Salvador, TPS Designation was to terminate on September 9, 2019

The preliminary injunction comes on the heels of a class-action lawsuit brought by immigrants from these countries over the rescission of the TPS designation for Sudan, El Salvador, Haiti, and Nicaragua. The lead plaintiff named in the lawsuit Ramos v. Nielsen, is Crista Ramos, a 14-year old United States Citizen whose mother is a TPS holder from El Salvador. Ramos, along with other Plaintiffs in this lawsuit allege that the government rescinded TPS protections for the above-mentioned countries, based on a predetermined political agenda in violation of the law.

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Yesterday, November 6, 2017, the acting Secretary of Homeland Security, Elaine Duke, announced her decision to terminate the Temporary Protected Status (TPS) designation for Nicaragua, with a delayed effective date of 12 months until the termination of that designation, giving Nicaraguans enough time to make preparations to either depart the United States or seek alternative lawful immigration status in the United States, before the designation officially terminates on January 5, 2019.

Furthermore, Duke announced that the TPS designation for Honduras will be automatically extended for six months “from the current January 5, 2018 expiration date to the new expiration date of July 5, 2018.” This automatic extension has been granted because additional information is necessary to determine whether conditions have changed in Honduras that would justify termination of  the country’s TPS designation.

According to Duke’s announcement, the decision to terminate the TPS designation for Nicaragua was made after it was determined that the conditions in Nicaragua have changed since the country’s original 1999 designation that no longer justify granting protected status to this class of individuals. Furthermore, because the Secretary received no formal request from the Nicaraguan government to extend TPS status, and there was no evidence to indicate that the Nicaraguan government could not adequately handle the return of Nicaraguan nationals, the TPS designation for Nicaragua was no longer justified.