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1 1 (December 9, 2022)

handle is hein.crs/govejsk0001 and id is 1 raw text is: Congressional ______ Research Service Termination of Temporary Protected Status for Certain Countries: Recent Litigation Developments Updated December 9, 2022 Certain aliens (as defined in the Immigration and Nationality Act (INA)) who otherwise might be subject to removal from the United States may stay and work here when the Department of Homeland Security (DHS) designates their countries for Temporary Protected Status (TPS) because of unstable or dangerous conditions in those countries. In 2017 and 2018, DHS announced the termination of TPS designations for Sudan, Nicaragua, Haiti, El Salvador, Nepal, and Honduras. The agency's decisions affect, as of this writing, roughly 292,000 TPS beneficiaries from those six countries who potentially could lose authorization to remain in the United States upon the effective termination date of the countries' TPS designations. Several lawsuits challenged DHS's decisions on certain constitutional and statutory grounds. In Ramos v. Wolf, the U.S. Court of Appeals for the Ninth Circuit in 2020 reversed a lower court's preliminary injunction barring DHS from ending the TPS designations for four of those countries-Sudan, Nicaragua, Haiti, and El Salvador-but that decision is not final. A separate court challenge to the termination of the TPS designations for Honduras and Nepal remains stayed pending the outcome in Ramos. In the meantime, DHS newly designated Haiti and Sudan for TPS in 2021 and 2022, thereby allowing nationals of those countries to apply for TPS benefits based on the newer designations. This Legal Sidebar examines the litigation concerning the TPS designation terminations and the implications it may have for TPS recipients. Background Under INA @ 244(b), 8 U.S.C. @ 1254a, DHS, in consultation with other federal agencies, may designate a country (or any part of a country) for TPS if (1) there is an armed conflict that prevents the safe return of nationals from that country; (2) there has been an environmental disaster in the country that substantially disrupts living conditions in the area affected; or (3) there are extraordinary and temporary conditions in the foreign country that prevent alien nationals from safely returning. An alien from a country designated for TPS may be permitted to remain and work in the United States for the period in which the TPS designation is in effect, even if the alien had not originally entered the United States lawfully. The initial period of TPS designation may last between 6 and 18 months, and the designation may be extended Congressional Research Service https://crsreports.congress.gov LSB10541 CRS Legal Sidebar Prepared for Members and Committees of Congress

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