Temporary Protected Status: Trump Administration Ends Protection For Nicaraguan Immigrants

After Hurricane Mitch in 1998, some Nicaraguans were granted with a Temporary Protected Status, also called "TPS," that allows them to live and work in the United States. Decades later, the Trump Administration via the Department of Homeland Security, announced that about 2,000 protected Nicaraguans must leave or seek another form of legal residency. To allow for an orderly transition, the effective date of the termination of TPS for Nicaragua will be delayed 12 months. According to a recent statement the designation terminates on January 5, 2019.

There was also no request made by the Nicaraguan government to extend the current TPS status.“Based on all available information, the country conditions in Nicaragua now exceed Hurricane Mitch,” said a senior administration official.

Regarding the TPS designation for Honduras, the Acting Secretary of Homeland Security Elaine Duke announced that she will extend the status from January 5, 2018 date of expiration to the new expiration date of July 5, 2018, because additional information is necessary. However, given the information currently available to the Acting Secretary, it is possible that the TPS designation for Honduras will be terminated at the end of the six-month automatic extension with an appropriate delay.

The Homeland Security also informed that Nicaraguans and Hondurans with TPS will be required to reapply for Employment Authorization Documents in order to legally work in the United States until the end of the respective termination or extension periods.

To date, other countries designated for TPS are El Salvador, Haiti, Nepal, Somalia, Sudan, South Sudan, Syria and Yemen. According to the U.S Citizenship and Immigration Services, on May 24, 2017, the designation of Haiti for TPS was extended for 6 months. This allowed eligible Haitians (and people without nationality who last habitually resided in Haiti) to re-register for TPS. During this 6-month extension, beneficiaries are encouraged to prepare for their return to Haiti in the event Haiti’s designation is not extended again, including requesting updated travel documents from the government of Haiti.

At least 60 days before Jan. 22, 2018, Secretary Kelly will re-evaluate the designation for Haiti and will determine whether another extension, a re-designation, or a termination is warranted, in full compliance of the Immigration and Nationality Act.