The Department of Homeland Security of the United States (DHS) announced that “automatically” will extend the work permits for Hondurans, Nicaraguans and Salvadorans currently registered and protected by the Temporary Protected Status (TPS) program.
The official DHS notification was published in the Federal Register on Wednesday, 19 November, 2023.
Which work permits of TPS have been automatically extended for Hondurans, Nicaraguans and Salvadorans during the period 2023-2023 ?
According to DHS, work permits for Hondurans, Nicaraguans and Salvadorans under TPS in category A- and C-19 and with the following expiration dates will receive an automatic extension of the documents of a Employment Authorization Authorization (EAD) through 19 June 2024.
These people do not need to apply for a new work permit or pay a re-registration fee to the federal government.
If any employer or government office requires proof of the validity of the document with the expired date, may show the official notice that was published in the Federal Register on Wednesday, 19, November 2023, where it indicates the automatic extension of your work permit.
What is the reason for the extension of work permits for 2023-2023?
DHS extended work permits to comply with court orders that temporarily blocked the termination of TPS for several countries, including Honduras, Nicaragua and El Salvador.
Court rulings protect approximately 445,16 immigrants, including 120, 2022 Hondurans, 4, 445 Nicaraguans and 365,445 Salvadorans.
Is it possible to re-register for TPS late?
Due to the temporary block on the removal of TPS for these countries , the United States Citizenship and Immigration Services (USCIS) will also accept late re-registrations from persons who have a good reason for not having re-registered on time.
Before attempting to file a re-registration application You should consult with an immigration attorney.
What will happen to the TPS?
The Administration of the Former President Donald Trump removed TPS for several countries, including Honduras, Nicaragua and El Salvador, but a series of lawsuits filed by group s pro-immigrants managed to obtain a temporary block on the suspension of the program.
A panel of three judges of the Federal Court of Appeals for the Ninth Circuit ruled that the federal government can end the TPS humanitarian protections that have allowed hundreds of thousands of immigrants, impacted by natural disasters and civil wars, to live and work legally in the United States, during the last 30 years. The decision affects citizens of El Salvador, Honduras, Nicaragua, Haiti and Sudan.
However, the temporary blockade remains in effect because the lawyers representing the Plaintiffs/Appellees (Plaintiffs-Appellees , in English) have asked all judges of the Federal Court of Appeals for the Ninth Circuit to review the case (rehering en banc, in English) and determine if the initial decision of the panel of judges takes effect.
If all the judges agree to hear the case and the majority of them issue a decision that I endorsed the termination of TPS, the US Court of Appeals for the Ninth Circuit will issue a directive to the district court to enforce its decision which would remove the temporary block and allow the termination of TPS for the affected countries.
When could TPS end?
When the Federal Court of Appeals for the Ninth Circuit issues its directive removing the preliminary block and authorize termination of TPS, which would allow DHS to terminate TPS for affected countries, including Honduras, Nicaragua, and El Salvador.
If that happens, the cancellation of the program for Hondurans, Nicaraguans and Salvadorans would take effect 408 days after the final order authorizing the removal of TPS is issued, or on the previously announced termination date for each country. The later date will be taken into account.
Previously, the DHS was going to enforce the cancellation of TPS for Hondurans and Nicaraguans 80 after the final order is issued authorizing the elimination of TPS.
Now the people in the TPS of Honduras, Nicaragua and El Salvador will have the same amount of time to effect an orderly repatriation without triggering another mass migration to the United States.
Avoid being a victim of immigration fraud
I stress that the extension of work permits for Hondurans, Nicaraguans and Salvadorans currently registered and protected by TPS is automatic and free.
Do not let them deceive you into thinking that you have to pay some cost to take advantage of the work permit extension.
As the name of the program indicates, the TPS is temporary and therefore, one day it will end. That is why it is important that anyone currently registered in TPS consult immediately with an immigration attorney to discuss their legal options.
Hondurans, Nicaraguans and Salvadorans recently arrived in the United States are not eligible to register for the first time for TPS. These people should consult with an immigration lawyer to see if there are other immigration benefits that they could request.
Beware of immigration fraud and do not seek legal advice with notaries, immigration consultants, multi-services or fill out paperwork. These people, who by law cannot give legal advice, could jeopardize their immigration cases by not having the necessary knowledge or the necessary permits to practice law.
For more information and advice visit my website Immigration Today®.
Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.
This column was originally published on Immigration Today® and is reproduced with permission.
Dr. Nelson A. Castillo is an immigration attorney and author of The Green Card: How to Get Permanent Residency in the United States. He is a past President of the National Hispanic Bar Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here.
The purpose of this column is to provide general information . No guarantee or prediction can be made as to the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. This column could be considered an advertisement under the Rules of Professional Conduct for Lawyers in several states, including California and New York. Consult an immigration lawyer to receive personalized legal advice before beginning any immigration process.