About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (March 8, 2023)

handle is hein.crs/govekve0001 and id is 1 raw text is: Con gressionaI ~.Research Service Termination of Temporary Protected Status for Certain Countries: Recent Litigation Developments Updated March 8, 2023 Certain aliens (as defined in the Immigration and Nationality Act (INA)) who otherwise are 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 November 2022, 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 various constitutional and statutory grounds. In one of those cases, 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. In 2023, following unsuccessful efforts by the parties to reach a settlement, the Ninth Circuit granted the plaintiffs' petition to rehear the case en banc and vacated the 2020 panel decision. A separate court challenge to the termination of TPS designations for Honduras and Nepal remains staved pending the outcome in Ramos. DHS newly designated Haiti and Sudan for TPS in 2021, 2022, and 2023, 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 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 that 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 Congressional Research Service https://crsreports.congress.gov LSB10541 CRS Legal Sidebar Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most