On October 3, 2018, a federal judge in Northern California issued an order temporarily halting the government’s decision to terminate Temporary Protected Status (TPS) for El Salvador, Haiti, Sudan and Nicaragua.
TPS for these countries is set to terminate on various dates in 2018 and 2019; the earliest being Sudan which was set to terminate November 2018. The ACLU and other immigrant-rights organizations filed suit, challenging the government’s decision to terminate TPS.
Judge Edward Chen found that the Plaintiffs – TPS recipients and their U.S. citizen children – made a compelling case that the government arbitrarily changed the criteria for deciding whether to terminate TPS for El Salvador, Haiti, Sudan and Nicaragua. Judge Chen also found substantial evidence that the decision to terminate TPS for the affected countries was motivated by hostility towards non-white, non-European immigrants, in violation of the Equal Protection Clause of the U.S. Constitution.
Since the preliminary injunction, USCIS has published notice in the Federal Register, announcing that TPS designations for affected countries will remain in effect for as long as the injunction remains in effect. The Federal Register notice also automatically extends the employment authorization documents to Sudanese and Nicaraguan TPS holders until April 2, 2019.
If you are a TPS recipient and have questions about your status or alternative immigration options in the United States, contact us.