As Predicted, Trump Administration Ends TPS Designation for Honduras (and Nepal)

Regrettably on May 4, 2018, the Trump Administration announced through the Secretary of the Department of Homeland Security, Kirstjen M. Nielsen, that it would be ending TPS designation for Honduras. And, in a showing of extreme generosity, the U.S. government added that it is willing to give Hondurans with TPS status an additional 18 months to leave the U.S.- until January 5, 2020. Of course, those Hondurans with TPS who are eligible to remain in the U.S. for the 18 additional months will need to re-register for TPS and also apply for a new employment authorization document (EAD) if they wish to be able to remain and work in the U.S. during this time period. The U.S. government justified its ending TPS designation for Honduras through the following unbeatable logic- Hurricane Mitch of 1990 and the damage it caused was the reason for which Honduras was originally given TPS designation, and, now this damage and its effect on the living conditions in Honduras have decreased just enough that it is no longer deemed "substantial"; so, since this is the case, Honduras must lose its TPS designation.

In its May 4th announcement, the U.S. government then hints, that those Hondurans who have TPS status may be eligible for other immigration benefits that will allow them to remain in the U.S. beyond January 5, 2020.

USCIS directs those wishing to re-apply for the 18 additional months of Honduras TPS to wait until it updates its Honduras TPS page with instructions (see source 2). It is believed that there are approximately 50,000 Hondurans with TPS affected by this decision.

The Trump Administration also recently announced that TPS designation for Nepal will end on June 24, 2019- providing an additional 12 month period for those with Nepal TPS to leave the U.S. This decision was made based on the same unbeatable logic used to decide the necessary end of Honduras TPS- the Earthquake of 2015 and the damage it caused was the reason for which Nepal was given TPS designation, and, now this damage and its effect on the living conditions in Nepal have decreased just enough that is is no longer deemed "substantial"; so, since this is the case, Nepal must lose its TPS designation.

Those people with Nepal TPS will need to re-register for TPS and apply for the new EAD in order to be able to remain and work in the U.S. during this additional 12 month period. USCIS similarly warns those wishing to re-apply for Nepal TPS to not file for the additional 12 month period until USCIS updates its Nepal TPS webpage with instructions (see source 5).

NOTE: Any and all sarcasm made in this blog posting is due to frustration with the Trump Administration and its (negative) treatment of non-U.S. citizens in the U.S.

If this announcement affects you and you need assistance with re-registering for TPS and/or with applying for a new EAD and/or you wish to remain in the U.S. beyond the applicable deadline (i.e., January 5, 2020 deadline for Honduras and June 24, 2019 deadline for Nepal), you should contact an immigration attorney who handles such immigration matters as soon as possible.

***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***

Sources:

(1) https://www.dhs.gov/news/2018/05/04/secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected

(2) https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-honduras

(3) https://www.forbes.com/sites/stuartanderson/2018/05/05/dhs-decision-on-hondurans-fits-disturbing-pattern/#6bad0de6178f

(4) https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-announcement-temporary-protected-status-nepal

(5) https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-nepal

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