Notice2023-13017
Reconsideration and Rescission of Termination of the Designation of Honduras for Temporary Protected Status; Extension of the Temporary Protected Status Designation for Honduras
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2023
Effective
January 6, 2024
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is rescinding the previous termination of the designation of Honduras for TPS which was published on June 5, 2018 and extending the designation of Honduras for Temporary Protected Status (TPS) for 18 months, beginning on January 6, 2024, and ending on July 5, 2025. This extension allows existing TPS beneficiaries to retain TPS through July 5, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period as described in this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40304-40315]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13017]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2733-22; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB75
Reconsideration and Rescission of Termination of the Designation
of Honduras for Temporary Protected Status; Extension of the Temporary
Protected Status Designation for Honduras
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Reconsideration and Rescission of Termination of the
Designation of Honduras for Temporary Protected Status (TPS) and Notice
of Extension of TPS Designation for Honduras.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
rescinding the previous termination of the designation of Honduras for
TPS which was published on June 5, 2018 and extending the designation
of Honduras for Temporary Protected Status (TPS) for 18 months,
beginning on January 6, 2024, and ending on July 5, 2025. This
extension allows existing TPS beneficiaries to retain TPS through July
5, 2025, so long as they otherwise continue to meet the eligibility
requirements for TPS. Existing TPS beneficiaries who wish to extend
their status through July 5, 2025, must re-register during the 60-day
re-registration period as described in this notice.
DATES: The Rescission of Termination of the Designation of Honduras for
TPS took effect June 9, 2023.
Extension of Designation of Honduras for TPS: The 18-month
extension of TPS for Honduras begins on January 6, 2024, and will
remain in effect through July 5, 2025. The extension impacts existing
beneficiaries of TPS under the designation of Honduras.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from November 6, 2023 through January 5, 2024.
FOR FURTHER INFORMATION CONTACT:
<bullet> You may contact Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 800-375-5283.
<bullet> For further information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at <a href="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a>. You can find
specific information about Honduras's TPS designation by selecting
``Honduras'' from the menu on the left side of the TPS web page.
<bullet> If you have additional questions about TPS, please visit
<a href="http://uscis.gov/tools">uscis.gov/tools</a>. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
<bullet> Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at <a href="http://uscis.gov">uscis.gov</a>, or visit the USCIS Contact Center at <a href="https://www.uscis.gov/contactcenter">https://www.uscis.gov/contactcenter</a>.
<bullet> Further information will also be available at local USCIS
offices upon publication of this notice.
SUPPLEMENTARY INFORMATION:
[[Page 40305]]
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action (TPS)
Through this notice, DHS announces the reconsideration and
rescission of the termination of the designation of Honduras for TPS
and the Secretary's decision to extend the TPS designation for 18
months from January 6, 2024, through July 5, 2025. This notice also
sets forth procedures necessary for nationals of Honduras (or
individuals having no nationality who last habitually resided in
Honduras) to re-register for TPS and to apply for renewal of their EADs
with USCIS.
Re-registration is limited to individuals who have previously
registered or re-registered for TPS under Honduras' designation, whose
applications were granted, and whose TPS has not been withdrawn for
individual ineligibility for the benefit. Failure to re-register
properly within the 60-day re-registration period may result in the
withdrawal of your TPS following appropriate procedures. See 8 CFR
244.14.
For individuals who have already been granted TPS under Honduras's
designation, the 60-day re-registration period runs November 6, 2023
through January 5, 2024. USCIS will issue new EADs with a July 5, 2025,
expiration date to eligible Honduran TPS beneficiaries who timely re-
register and apply for EADs.
Individuals who have a Honduras TPS application (Form I-821) and
Application for Employment Authorization (Form I-765) that were still
pending as of June 21, 2023 do not need to file either application
again. If USCIS approves an individual's pending Form I-821, USCIS will
grant the individual TPS through July 5, 2025. Similarly, if USCIS
approves a pending TPS-related Form I-765 filed in connection with a
Form I-821, USCIS will issue the individual a new EAD that will be
valid through the same date. If you have TPS and only a pending Form I-
765, you must file the Form I-821 to re-register for TPS or risk having
your TPS withdrawn for failure to timely reregister without good cause.
There are currently approximately 76,000 beneficiaries under Honduras's
TPS designation who may be eligible to continue their TPS under the
extension announced in this Notice.
What is Temporary Protected Status (TPS)?
<bullet> TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state before arrival in the United States,
regardless of their country of birth.
<bullet> During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to obtain EADs so long as they continue to meet the
requirements of TPS.
<bullet> TPS beneficiaries may also apply for and be granted travel
authorization as a matter of DHS discretion.
<bullet> To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
<bullet> When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
When was Honduras designated for TPS?
Honduras was initially designated for TPS based on an environmental
disaster that resulted in a substantial disruption of living
conditions, in response to a request by the country's government, and
because Honduras temporarily was unable to handle adequately the return
of its nationals. See Designation of Honduras Under Temporary Protected
Status, 64 FR 524 (Jan. 5, 1999). Since its initial designation in
1999, TPS for Honduras was extended thirteen consecutive times \1\ by
subsequent Attorneys General and Secretaries of Homeland Security until
2017. That year, former Acting Secretary Elaine Duke did not make a
decision on extending or terminating Honduras's TPS designation by the
statutory deadline, resulting in an automatic 6-month extension of the
designation, through July 5, 2018.\2\
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\1\ Extension of Designation of Honduras Under Temporary
Protected Status Program, 65 FR 30438 (May 11, 2000); Extension of
the Designation of Honduras Under the Temporary Protected Status
Program, 66 FR 23269 (May 8, 2001); Extension of the Designation of
Honduras Under the Temporary Protected Status Program, 67 FR 22451
(May 3, 2002); Extension of the Designation of Honduras Under
Temporary Protected Status Program; Automatic Extension of
Employment Authorization Documentation for Hondurans, 68 FR 23744
(May 5, 2003); Extension of the Designation of Temporary Protected
Status for Honduras; Automatic Extension of Employment Authorization
Documentation for Honduras TPS Beneficiaries, 69 FR 64084 (November
3, 2004); Extension of the Designation of Temporary Protected Status
for Honduras; Automatic Extension of Employment Authorization
Documentation for Honduras TPS Beneficiaries, 71 FR 16328 (March 31,
2006); Extension of the Designation of Honduras for Temporary
Protected Status; Automatic Extension of Employment Authorization
Documentation for Honduran TPS Beneficiaries, 72 FR 29529 (May 29,
2007); Extension of the Designation of Honduras for Temporary
Protected Status, 73 FR 57133 (Oct. 1, 2008); Extension of the
Designation of Honduras for Temporary Protected Status and Automatic
Extension of Employment Authorization Documentation for Honduran TPS
Beneficiaries, 75 FR 24734 (May 5, 2010); Extension of the
Designation of Honduras for Temporary Protected Status and Automatic
Extension of Employment Authorization Documentation for Honduran TPS
Beneficiaries, 76 FR 68488 (Nov. 4, 2011); Extension of the
Designation of Honduras for Temporary Protected Status, 78 FR 20123
(Apr. 3, 2013); Extension of the Designation of Honduras for
Temporary Protected Status, 79 FR 62170 (Oct. 16, 2014); Extension
of the Designation of Honduras for Temporary Protected Status, 81 FR
30331 (May 16, 2016).
\2\ See 82 FR 59630 (Dec. 15, 2017). If the Secretary makes no
decision on extension or termination of a country's TPS designation
by at least 60 days before the expiration of the existing TPS
designation, then INA, section 244(b)(3)(C) requires that the
designation be extended an additional six months (or 12 or 18 months
in the Secretary's discretion).
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Following the statutorily required review of the country
conditions, former Secretary Kirstjen M. Nielsen announced the
termination of TPS for Honduras, with an effective date of January 5,
2020; see Termination of the Designation of Honduras for Temporary
Protected Status; \3\ see also INA secs. 244(b)(3)(A) and (B), 8 U.S.C.
1254a(b)(3)(A) and (B). As discussed below, this termination has been
the
[[Page 40306]]
subject of litigation and a court order that has prevented the
termination from taking effect.
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\3\ 83 FR 26074 (June 5, 2018).
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Litigation Background Regarding Termination of Certain TPS Designations
In addition to Honduras, in 2017-2018, TPS was also terminated for
five additional countries by the Secretary or Acting Secretary: Sudan,
Nicaragua, El Salvador, Haiti, and Nepal.\4\ Lawsuits challenging the
terminations were filed in the U.S. District Court for the Northern
District of California in Ramos v. Nielsen, 326 F. Supp. 3d 1075 (N.D.
Cal. 2018), and Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar.
12, 2019), and in the U.S. District Court for the Eastern District of
New York in Saget, v. Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019).\5\ In
Ramos the district court granted a preliminary injunction enjoining the
terminations of TPS for El Salvador, Haiti, Sudan, and Nicaragua and
directed DHS to maintain the status quo and to continue the TPS and
TPS-related documentation of affected TPS beneficiaries under those
countries' designations. The U.S. Government appealed, and a three-
judge panel vacated the injunction. The appellate court, however, has
granted rehearing en banc of the panel decision, vacating the panel's
decision.\6\ The court's preliminary injunction thus remains in place.
In Bhattarai--which challenged the determination to terminate TPS for
Honduras--the district court has stayed proceedings until the Ramos
appeal is decided and approved the parties' stipulation for the
continuation of TPS and TPS-related documentation for eligible,
affected beneficiaries of TPS for Honduras and Nepal during the stay
and pendency of the appeal. In Saget, the district court granted a
preliminary injunction enjoining termination of TPS for Haiti, and the
Government appealed.\7\ Beneficiaries under the TPS designations for El
Salvador, Nicaragua, Sudan, Haiti, Honduras, and Nepal will retain
their TPS while the preliminary injunction in Ramos remains in effect,
and 120 days thereafter, provided that their TPS is not withdrawn
because of individual ineligibility.\8\
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\4\ Termination of the Designation of Sudan for Temporary
Protected Status, 82 FR 47228 (Oct. 11, 2017); Termination of the
Designation of Nicaragua for Temporary Protected Status, 82 FR 59636
(Dec. 15, 2017); Termination of the Designation of El Salvador for
Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination
of the Designation of Haiti for Temporary Protected Status, 83 FR
2648 (Jan. 18, 2018); Termination of the Designation of Nepal for
Temporary Protected Status, 83 FR 23705 (May 22, 2018). Haiti and
Sudan were newly designated for TPS on August 3, 2021, and April 19,
2022, respectively, for 18 months. See Designation of Haiti for
Temporary Protected Status, 86 FR 41863 (Aug. 3, 2021) and
Designation of Sudan for Temporary Protected Status, 87 FR 23202
(Apr. 19, 2022).
\5\ See Ramos v. Nielsen, 336 F. Supp. 3d 1075 (N.D. Cal. 2018),
vacated, 975 F.3d 872 (9th Cir. 2020), reh'g en banc granted, 59
F.4th 1010 (Feb. 10, 2023); Bhattarai v. Nielsen, No. 19-cv-00731
(N.D. Cal. Mar. 12, 2019) (staying proceedings until Ramos appeal
decided and approved parties' stipulation for continued TPS and
issuance of TPS-related documentation to eligible, affected
beneficiaries of TPS for Honduras and Nepal during the stay and
pendency of the appeal). In 2019, the U.S. District Court for the
Eastern District of New York also enjoined the termination of the
2011 TPS designation for Haiti in Saget v. Trump, 375 F. Supp. 3d
280 (E.D.N.Y. 2019), and DHS cited to that order in previous notices
continuing the affected beneficiaries' TPS and documentation. See,
e.g., 86 FR 50725, 50726 (Sept. 10, 2021). However, the Saget case
was dismissed upon the court's approval of the parties' joint
Stipulation of Dismissal for mootness following the Secretary's new
18-month designation of Haiti for TPS on August 3, 2021, and DHS'
continuation of existing beneficiaries' TPS and related
documentation under the Ramos injunction through Dec. 31, 2022. See
id., Order approving Stipulation of Dismissal, dated Oct. 15, 2021.
Other litigation was filed relating to the terminations of El
Salvador, Honduras, and Haiti. A Haiti-related case, NAACP v. U.S.
Dept. of Homeland Security, No. 1:18-cv-00239 (D. Md., Jan. 24,
2018) was dismissed on May 22, 2021, subsequent to the same DHS
designation. An El Salvador-related case, Casa de Maryland v. Biden,
No. GJH-18-00845 (D. Md. Mar. 23, 2018) is currently stayed until
April 17, 2023. Centro Presente v. Biden, No. 1:18-cv-10340 (D.
Mass. July 23, 2018), relating to El Salvador, Haiti, and Honduras,
is currently stayed until April 14, 2023.
\6\ See Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition
for reh'g en banc granted, 2023 WL 1880467 (Feb. 10, 2023) (No. 18-
16981).
\7\ See Saget, et. al., v. Trump, et. al., 375 F.Supp 280
(E.D.N.Y. April 11, 2019) and Order approving Stipulation of
Dismissal, dated Oct. 15, 2021.
\8\ As noted, Haiti was newly designated for TPS on August 3,
2021, for 18 months. See Designation of Haiti for Temporary
Protected Status, 86 FR 41863 (Aug. 3, 2021). On April 19, 2022, the
Secretary also newly designated Sudan TPS. See Designation of Sudan
for Temporary Protected Status, 87 FR 23202 (Apr. 19, 2022).
Plaintiffs in Ramos and Bhattarai remain eligible for TPS status
based on DHS new and continued designations.
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DHS has taken actions to ensure its continued compliance with the
court orders in Ramos and Bhattarai. DHS has published periodic notices
to continue TPS and extend the validity of TPS-related documentation
previously issued to beneficiaries under the TPS designations for El
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.\9\ The most
recent such notice continued TPS and extended the TPS-related documents
specified in the notice through June 30, 2024.\10\ These extensions of
documentation apply where the TPS beneficiary properly filed for re-
registration during either the most recent DHS-announced registration
period for their country, or any applicable previous DHS-announced re-
registration periods for the beneficiary's country, or has a re-
registration application that remains pending.\11\ Although the notice
published at 87 FR 68717 remains valid, individuals who wish to remain
eligible for TPS under the extension of TPS for Honduras announced in
this notice through July 5, 2025, and any potential future extensions
must apply for re-registration in accordance with the procedures
announced in this notice.\12\ Failure to timely re-register without
good cause is a ground for TPS withdrawal. See INA section
244(c)(3)(C); 8 U.S.C. 12(c)(3)(C); 8 CFR 244.17.
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\9\ 83 FR 54764 (Oct. 31, 2018); 84 FR 7103 (March 1, 2019); 84
FR 20647 (May 10, 2019) (correction notice issued at 84 FR 23578
(May 22, 2019)); 84 FR 59403 (Nov. 4, 2019); 85 FR 79208 (Dec. 9,
2020); and 86 FR 50725 (Sept. 10, 2021) (correction notice issued at
86 FR 52694 (Sept. 22, 2021). Those designations cover all Haitian
and Sudanese nationals who were eligible for TPS under the Haiti and
Sudan TPS designations that were terminated in 2018 and 2017,
respectively.
\10\ Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations of El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 87 FR 68717 (Nov. 16, 2022).
\11\ Id. See fn. 1 for acceptable re-registration periods for
TPS Honduras beneficiaries).
\12\ Through the re-registration process, which is generally
conducted every 12 to 18 months while a foreign state is designated
for TPS, USCIS determines whether each TPS beneficiary is continuing
to maintain individual eligibility for TPS, including but not
limited to, the requirements related to disqualifying criminal or
security issues. Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 87 FR 68717, 68720 (Nov. 16,
2022) (noting potential future action for Honduras TPS beneficiaries
may include a requirement to re-register).
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What authority does the Secretary have to reconsider and rescind the
termination of TPS for Honduras?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\13\ The
[[Page 40307]]
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, termination, or
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C.
1254a(b)(5)(A).
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\13\ Although the text of INA section 244(b)(1) continues to
ascribe this power to the Attorney General, this authority is now
held by the Secretary of Homeland Security by operation of the
Homeland Security Act of 2002, Public Law 107296, 116 Stat. 2135.
Congress transferred this authority from the Attorney General to the
Secretary of Homeland Security. See Homeland Security Act of 2002,
Public Law 107-296, 116 Stat. 2135. See, e.g., 6 U.S.C. 557; Nielsen
v. Preap, 139 S. Ct. 954, 959 n.2 (2019). The Secretary may
designate a country (or part of a country) for TPS on the basis of
ongoing armed conflict such that returning would pose a serious
threat to the personal safety of the country's nationals and
habitual residents, environmental disaster (including an epidemic),
or extraordinary and temporary conditions in the country that
prevent the safe return of the country's nationals. For
environmental disaster-based designations, certain other statutory
requirements must be met, including that the foreign government must
request TPS. A designation based on extraordinary and temporary
conditions cannot be made if the Secretary finds that allowing the
country's nationals to remain temporarily in the United States is
contrary to the U.S. national interest. INA section 244(b)(1).
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At least 60 days before the expiration of a foreign state's TPS
designation, the Secretary, after consultation with appropriate U.S.
Government agencies, must review the conditions in the foreign state
designated for TPS to determine whether they continue to meet the
conditions for the TPS designation. See INA section 244(b)(3)(A), 8
U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign
state no longer meets the conditions for TPS designation, the Secretary
must terminate the designation. See INA section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B). If the Secretary does not determine that the foreign
state no longer meets the conditions for TPS designation, the
designation is extended for an additional period of 6 months or, in the
Secretary's discretion, 12 or 18 months. See INA section 244(b)(3)(A),
(C); 8 U.S.C. 1254a(b)(3)(A), (C).
On June 5, 2018, the Secretary of Homeland Security issued notice
of her decision that Honduras no longer continued to meet the
conditions for TPS designation and terminated TPS for Honduras stating
that the conditions supporting Honduras's 1999 designation for TPS on
the basis of environmental disaster due to the damage caused by
Hurricane Mitch in October 1998 were no longer met. The Secretary also
announced an orderly transition period of 18 months, such that the
termination was set to go into effect on January 5, 2020. However, as
noted above, plaintiffs in Bhattarai challenged the termination
decisions for Honduras and Nepal. On March 12, 2019, the proceedings
were stayed, and the parties stipulated that the termination decision
would not go into effect during the pendency of the Ramos appeal and
for at least 120 days thereafter. The district court also approved the
parties' stipulation that TPS and TPS-related documentation of affected
beneficiaries of the Honduras and Nepal TPS designations would continue
under terms similar to those applied to the Ramos-covered
beneficiaries. The order to stay proceedings and approval of the
stipulation remain in effect.\14\ DHS has since issued a series of
Federal Register notices continuing TPS and TPS-related documentation
for affected TPS beneficiaries, with the most recent notice effective
through June 30, 2024.\15\ As a result, the termination of the TPS
designation for Honduras has never gone into effect, and TPS
beneficiaries under that designation have retained their TPS, unless it
has been individually withdrawn pursuant to INA section 244(c)(3), 8
U.S.C. 1254a(c)(3).
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\14\ Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12,
2019).
\15\ See 84 FR 20647(May 10, 2019) (correction notice issued at
84 FR 23578 (May 22, 2019)); 84 FR 59403 (Nov. 4, 2019); 85 FR 79208
(Dec. 9, 2020); and 86 FR 50725 (Sept. 10, 2021) (correction notice
issued at 86 FR 52694 (Sept. 22, 2021); and 87 FR 68717 (Nov. 16,
2022). DHS had published previous notices to comply with the earlier
preliminary injunction order issued by the Ramos court. See 83 FR
54764 (Oct. 31, 2018); 84 FR 7103 (March 1, 2019).
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An agency has inherent (that is, statutorily implicit) authority to
revisit its prior decisions within a reasonable period unless Congress
has expressly limited that authority.\16\ The TPS statute does not
limit the Secretary's inherent authority to reconsider any TPS-related
determination, and upon reconsideration, to change the determination.
See INA sections 244(b)(3), (b)(5)(A); 8 U.S.C. 1254a(b)(3), (b)(5)(A).
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\16\ Ivy Sports Medicine, LLC v. Burwell, 767 F.3d 81, 86 (D.C.
Cir. 2014) (``[A]dministrative agencies are assumed to possess at
least some inherent authority to revisit their prior decisions, at
least if done in a timely fashion. . . . [I]nherent authority for
timely administrative reconsideration is premised on the notion that
the power to reconsider is inherent in the power to decide.''
(quotation marks and citations omitted)); NRDC v. Regan, 67 F.4th
397, 401 (D.C. Cir. 2023) (``[A]lthough the power to decide is
normally accompanied by the power to reconsider, Congress
undoubtedly can limit an agency's discretion to reverse itself.''
(quotation marks omitted); Macktal v. Chao, 286 F.3d 822, 825-26
(5th Cir. 2002) (``It is generally accepted that in the absence of a
specific statutory limitation, an administrative agency has the
inherent authority to reconsider its decisions.'') (collecting
cases); Mazaleski v. Treusdell, 562 F.2d 701, 720 (D.C. Cir. 1977)
(``We have many times held that an agency has the inherent power to
reconsider and change a decision if it does so within a reasonable
period of time.'').
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Why is the Secretary rescinding the previous termination of the TPS
designation for Honduras?
After conducting an independent assessment of the country
conditions in Honduras as they existed in 2018 and exist today, the
Secretary has determined that Honduras's 1999 designation should not
have been terminated. As explained below, the conditions in Honduras
that gave rise to its TPS designation in 1999 persisted in 2018 and
continue to this day. Accordingly, the Secretary is, upon
reconsideration, rescinding the 2018 decision terminating Honduras's
TPS designation and extending that designation for an additional 18
months.
Honduras was initially designated for TPS in 1999 \17\ following
the destruction wrought by Hurricane Mitch, which struck Honduras in
October 1998, causing a substantial disruption of living conditions in
Honduras.\18\ In the Secretary's view, the determination to terminate
Honduras's TPS designation erroneously concluded that the conditions
giving rise to that designation had been ameliorated by 2018, such that
Honduras was able to adequately handle the return of its nationals.
Numerous environmental, political, and social crises since Hurricane
Mitch, however, have prevented the country from recovering from the
hurricane and continue to impair Honduras from ensuring the safe return
of its nationals.
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\17\ Designation of Honduras Under Temporary Protected Status,
64 FR 526 (Jan. 5, 1999).
\18\ OCHA, Analysis of the medium-term effects of Hurricane
Mitch on food security in Central America, Nov. 30, 2001, available
at <a href="https://reliefweb.int/report/belize/analysis-medium-term-effects-hurricane-mitch-food-security-central-america">https://reliefweb.int/report/belize/analysis-medium-term-effects-hurricane-mitch-food-security-central-america</a>.
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Although recovery efforts were implemented in the years after
Hurricane Mitch, the effects of Hurricane Mitch set back Honduras
economically and socially by as much as 20 years.\19\ Since Hurricane
Mitch, various hurricanes, tropical storms, and tropical depressions
have made landfall in Honduras. These subsequent natural disasters, to
which the termination decision gave inadequate attention, significantly
impeded Hurricane Mitch-related reconstruction projects.
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\19\ Su[aacute]rez, Gin[eacute]s, & S[aacute]nchez, Walter J.,
Desastres, riesgo y desarrollo en Honduras: Delineando los
v[iacute]nculos entre el desarrollo humano y la construcci[oacute]n
de riesgo en Honduras, Programa de las Naciones Unidas para el
Desarrollo (PNUD), p.22, Jan. 2012, available at: <a href="https://criterio.hn/wp-content/uploads/2020/11/INFORME-PNUD-desastres-ambientales-honduras.pdf">https://criterio.hn/wp-content/uploads/2020/11/INFORME-PNUD-desastres-ambientales-honduras.pdf</a>.
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Hurricane Mitch caused a substantial disruption of living
conditions in Honduras, resulting in, among other things, substantial
housing, and food shortages. See 65 FR 30438 (May 11, 2000). The
determination to terminate TPS for Honduras failed to recognize that
many of these conditions persisted in 2018, exacerbated by subsequent
environmental disasters and other problems. The termination
determination did not consider that in the years prior to the
determination, approximately 1.3 million people remained in need of
humanitarian assistance \20\ due in part to Hurricane
[[Page 40308]]
Mitch and subsequent environmental impacts. For example, over 2 million
Hondurans--approximately 25% of the population--had been severely
affected by drought, and over 460,000 were in need of food
assistance.\21\ By March 2017, consecutive years of drought had left
many subsistence farmers in the Dry Corridor struggling to produce
food.\22\ In addition to impacting food security, UNOCHA reported that
the drought had also ``contributed to the spread of mosquito-borne
diseases, such as Zika, malaria, dengue and chikungunya.'' \23\ Also
contributing to illness was destruction from forest fires which
increased by 40% in the first three months of 2017 compared to the same
time period the previous year.\24\ The termination decision failed to
assess adequately or give sufficient weight to these health and safety
issues that have persisted since Hurricane Mitch and impeded recovery
from the hurricane.
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\20\ Central America Sub-Regional Analysis--El Salvador,
Guatemala, Honduras: Humanitarian Needs Overview 2016 (Dec 2015),
United Nations Office for the Coordination of Humanitarian Affairs
(UNOCHA), p. 6, Jan. 14, 2016, available at: <a href="https://reliefweb.int/report/guatemala/central-america-sub-regional-analysis-el-salvador-guatemala-honduras-humanitarian">https://reliefweb.int/report/guatemala/central-america-sub-regional-analysis-el-salvador-guatemala-honduras-humanitarian</a>.
\21\ El Ni[ntilde]o: Overview of Impact, Projected Humanitarian
Needs, and Reponses, p.18; WFP Honduras--Country Brief, p.1, Jun.
2016, available at: <a href="http://reliefweb.int/sites/reliefweb.int/files/resources/Honduras_CB_June2016OIM.pdf">http://reliefweb.int/sites/reliefweb.int/files/resources/Honduras_CB_June2016OIM.pdf</a>; UN Envoy: Drought-hit
Honduras Needs New Approach to Tackle Extreme Weather, Reuters, Aug.
1, 2016, available at: <a href="http://www.voanews.com/a/un-envoy-drought-hit-honduras-needs-new-approach-to-tackle-extreme-weather/3444720.html">http://www.voanews.com/a/un-envoy-drought-hit-honduras-needs-new-approach-to-tackle-extreme-weather/3444720.html</a>.
\22\ Hares, Sophie, Honduran farmers prize rainwater as most
precious harvest, Thomson Reuters Foundation, Mar. 22, 2017,
available at: <a href="http://reliefweb.int/report/honduras/honduran-farmers-prize-rainwater-most-precious-harvest">http://reliefweb.int/report/honduras/honduran-farmers-prize-rainwater-most-precious-harvest</a>.
\23\ El Ni[ntilde]o: Overview of Impact, Projected Humanitarian
Needs, and Reponses, UN Office for the Coordination of Humanitarian
Affairs (UNOCHA), p. 23, June 3, 2016, available at: <a href="https://reliefweb.int/report/world/el-ni-o-overview-impact-projected-humanitarian-needs-and-response-02-june-2016">https://reliefweb.int/report/world/el-ni-o-overview-impact-projected-humanitarian-needs-and-response-02-june-2016</a>.
\24\ En un 40% aumentan incendios en el pa[iacute]s, La Tribuna
(Hon.), Apr. 2, 2017, available at: <a href="http://reliefweb.int/report/honduras/en-un-40-aumentan-incendios-en-el-pa-s">http://reliefweb.int/report/honduras/en-un-40-aumentan-incendios-en-el-pa-s</a>.
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The decision to terminate also did not appropriately consider that
despite efforts and foreign assistance after Hurricane Mitch, Honduras
was still experiencing a housing deficit. According to a 2016 study by
Habitat for Humanity Honduras, Honduras had a housing deficit exceeding
1.3 million units.\25\
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\25\ Habitat for Humanity Honduras, Habitat for Humanity,
available at: <a href="http://www.habitat.org/where-we-build/honduras">http://www.habitat.org/where-we-build/honduras</a> (last
visited Apr. 6, 2023).
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Aside from environmental impacts on the recovery from Hurricane
Mitch, at the time of the decision to terminate TPS, Honduras continued
to face challenges of violent crime, which have likewise made recovery
from the hurricane more difficult.\26\ In 2016, there were an estimated
174,000 internally displaced people in Honduras.\27\ ``Internal
displacement was generally caused by violence, national and
transnational gang activity, human trafficking, and migrant
smuggling.'' \28\ Additionally, although Honduras's murder rate had
been falling in recent years, Honduras remained ``one of the world's
deadliest peacetime nations'' in 2017 with a murder rate of 59.1
killings per 100,000 people.\29\ Extortion remained a critical problem
and a major source of violence that impacted almost all segments of
society, including bus and taxi companies, small businesses, and
ordinary citizens.\30\ Together, these factors negatively impacted
Honduras's ability to adequately handle the return of its nationals
granted TPS.
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\26\ World Report 2018--Honduras Events of 2017, Human Rights
Watch, Jan. 18, 2018, available at: <a href="https://www.hrw.org/world-report/2018/country-chapters/honduras">https://www.hrw.org/world-report/2018/country-chapters/honduras</a> (last visited: Apr. 6, 2023);
Freedom in the World 2018, Honduras, Freedom House, Jan. 2018,
available at: <a href="https://freedomhouse.org/country/honduras/freedom-world/2018">https://freedomhouse.org/country/honduras/freedom-world/2018</a> (last visited: Apr. 6, 2023).
\27\ U.S. Department of State, 2017 Country Reports on Human
Rights Practices: Honduras, Apr. 20, 2018, available at: <a href="https://www.state.gov/reports/2017-country-reports-on-human-rights-practices/honduras/">https://www.state.gov/reports/2017-country-reports-on-human-rights-practices/honduras/</a> (last visited: Apr. 6, 2023).
\28\ Id.
\29\ Reuters, Honduras murder rate fell by more than 25 percent
in 2017: government, Jan. 18, 2018, available at: <a href="https://www.reuters.com/article/us-honduras-violence/honduras-murder-rate-fell-by-more-than-25-percent-in-2017-government-idUSKBN1ER1K9">https://www.reuters.com/article/us-honduras-violence/honduras-murder-rate-fell-by-more-than-25-percent-in-2017-government-idUSKBN1ER1K9</a> (last
visited: Mar. 17, 2023).
\30\ Gurney, Krya, What an Extortion Call in Honduras Sounds
Like, InSight Crime, Mar. 4, 2015, available at: <a href="http://www.insightcrime.org/news-analysis/what-an-extortion-call-in-honduras-sounds-like">http://www.insightcrime.org/news-analysis/what-an-extortion-call-in-honduras-sounds-like</a>; Refworld, UNHCR Eligibility Guidelines for
Assessing the International Protection Needs of Asylum-Seekers from
Honduras, July 27, 2016, available at: <a href="https://www.refworld.org/docid/579767434.html">https://www.refworld.org/docid/579767434.html</a> (last visited: March 17, 2023).
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At the time of the TPS termination decision, the country continued
to suffer from impacts of Hurricane Mitch and subsequent environmental
events, including humanitarian needs, hunger, disease, housing
deficits, and underdeveloped infrastructure, in addition to widespread
violence. The enduring impact of Hurricane Mitch in Honduras at the
time of the decision to terminate TPS continued to substantially
disrupt living conditions. Those enduring conditions impacting
Honduras's ability to recover from Hurricane Mitch along with
Honduras's challenges with violent crime affected the country's ability
to adequately handle the return of its nationals granted TPS residing
in the United States. The Secretary has concluded that reconsideration
and rescission of the termination of TPS is timely, particularly given
that the 2018 termination decision has not yet gone into effect.
What authority does the Secretary have to extend the designation of
Honduras for TPS?
As noted above, INA section 244(b), 8 U.S.C. 1254a(b), authorizes
the Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist and
instructs the Secretary to periodically review the country conditions
underpinning each designation and determine whether they still exist,
leading to either termination or extension of the TPS designation.
However, if the Secretary does not make a decision as to either
extension or termination, then INA section 244(b)(3)(C) requires the
automatic extension of the designation for six months (or 12 or 18
months in the Secretary's discretion).
Prior to the now-rescinded termination of the TPS designation for
Honduras, the most recent extension of the designation was due to end
on July 5, 2018.\31\ In light of the Secretary's reconsideration and
rescission of the June 5, 2018 notice of termination of the TPS
designation for Honduras, there is no longer any standing secretarial
determination that Honduras ``no longer meets the conditions for
designation'' under INA section 244(b)(1). Accordingly, with this
rescission of the prior termination, pursuant to INA section
244(b)(3)(C), and in the absence of an affirmative decision by any
Secretary to extend the designation for 12 or 18 months rather than the
[[Page 40309]]
automatic six months triggered by the statute, the TPS designation for
Honduras shall have been extended in consecutive increments of 6 months
between the date when the last designation extension was due to end on
July 5, 2018, and the effective date of the TPS extension announced in
this Notice, January 6, 2024. Coupled with the existing Bhattarai order
and corresponding Federal Register notices continuing the TPS and TPS-
related documentation for affected beneficiaries under the designation
for Honduras, this means that all such individuals whose TPS has not
been finally withdrawn for individual ineligibility are deemed to have
retained TPS since July 5, 2018, and may re-register under procedures
announced in this notice.
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\31\ 82 FR 59631 (Dec. 15, 2017).
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Why is the Secretary extending the TPS designation for Honduras for TPS
for 18 months through July 5, 2025?
DHS has reviewed country conditions in Honduras. Based on the
review, including input received from DOS and other U.S. Government
agencies, the Secretary has determined that an 18-month TPS extension
is warranted because the environmental disaster conditions and
substantial disruption of living conditions supporting Honduras's TPS
designation remain.
Since Honduras was designated for TPS in January 1999, various
natural disasters, and related environmental concerns--including
hurricanes, tropical storms, flooding and heavy rain, severe drought,
and mosquito-borne illnesses--have contributed to loss of life and
damages to property and infrastructure in Honduras and prevented the
country from fully recovering from Hurricane Mitch. Additionally, since
the extension of TPS for Honduras in 2018,\32\ violence and social and
political concerns have adversely impacted living conditions and
hindered recovery from environmental disasters in Honduras.\33\ These
subsequent natural disasters, violence, and social and political
concerns continue to inflict damage on a population that has not fully
recovered from Hurricane Mitch and impact Honduras's ability to
adequately handle the return of its nationals granted TPS. Accordingly,
the Secretary has concluded that the conditions that gave rise to
Honduras's 1999 TPS designation persist, and an extension is therefore
warranted. Since Hurricane Mitch, Honduras has been impacted by a
``repetitive cycle'' of storm-related damage to infrastructure and 16
of the 18 departments in the country recently reported damaged roads,
collapsed bridges, devastated crops, flooded houses, and
landslides.\34\
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\32\ The TPS designation of Honduras was statutorily
automatically extended for 6 months (from January 6, 2018, through
July 5, 2018) after the Secretary of Homeland Security did not make
a determination on Honduras's designation 60 days prior to the
previous expiration (January 5, 2018). Subsequently, on June 5,
2018, the Secretary published a determination to terminate TPS for
Honduras, effective January 5, 2020.
\33\ United Nations Office for the Coordination of Humanitarian
Affairs, Honduras Humanitarian Needs Overview 2023 (September 2022)
(Feb. 8, 2023), <a href="https://reliefweb.int/report/honduras/honduras-humanitarian-needs-overview-2023-september-2022">https://reliefweb.int/report/honduras/honduras-humanitarian-needs-overview-2023-september-2022</a> (last visited Mar.
13, 2023).
\34\ Starting from Scratch Over and Over Again: Heavy Rains and
Floods Displace Thousands of Hondurans, International Organization
for Migration (IOM), Oct. 28, 2022, available at: <a href="https://reliefweb.int/report/honduras/starting-scratch-over-and-over-again-heavy-rains-and-floods-displace-thousands-hondurans">https://reliefweb.int/report/honduras/starting-scratch-over-and-over-again-heavy-rains-and-floods-displace-thousands-hondurans</a> (last visited
Apr. 6, 2023).
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In 2019, Honduras experienced a severe drought that ``decimated
staple-crop harvests of beans and maize by up to 80% in some areas,''
and led the government to declare a state of emergency.\35\ In November
2020, within weeks of each other,\36\ hurricanes Eta and Iota, both
Category 4 storms,\37\ struck Honduras. UNHCR noted that ``more than 4
million people were affected by Hurricanes Eta and Iota in Honduras
alone,'' \38\ about ``half the country's population.'' \39\ ``In 2020,
hurricanes Eta and Iota forced more than 55,000 to move into temporary
shelters, according to the Red Cross.'' \40\ In rural areas, the storms
destroyed fields and slow receding water hindered sowing, impacting the
livelihood of those who depend on seasonal crops. In urban areas, the
storms greatly impacted populations already suffering socioeconomic
effects of the COVID-19 pandemic, job losses, and increased
violence.\41\
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\35\ Moloney, Anastasia, In Honduras, years of drought pressure
farmers to leave land, Reuters, Sept. 27, 2019, available at:
<a href="https://reliefweb.int/report/honduras/honduras-years-drought-pressure-farmers-leave-land">https://reliefweb.int/report/honduras/honduras-years-drought-pressure-farmers-leave-land</a>.
\36\ In Honduras, climate change is one more factor sparking
displacement, United Nations High Commissioner for Refugees (UNHCR),
Nov. 9, 2021, available at: <a href="https://reliefweb.int/report/honduras/honduras-climate-change-one-more-factor-sparking-displacement">https://reliefweb.int/report/honduras/honduras-climate-change-one-more-factor-sparking-displacement</a>.
\37\ The National Oceanic and Atmospheric Administration (NOAA)
defines category 4 hurricanes as major storms with winds between
130-156 miles per hour which cause catastrophic damage. See: Saffir-
Simpson Hurricane Wind Scale, National Oceanic and Atmospheric
Administration, <a href="https://www.nhc.noaa.gov/aboutsshws.php">https://www.nhc.noaa.gov/aboutsshws.php</a>. (last
visited Jun. 17, 2022).
\38\ In Honduras, climate change is one more factor sparking
displacement, United Nations High Commissioner for Refugees (UNHCR),
Nov. 9, 2021, available at: <a href="https://reliefweb.int/report/honduras/honduras-climate-change-one-more-factor-sparking-displacement">https://reliefweb.int/report/honduras/honduras-climate-change-one-more-factor-sparking-displacement</a>.
\39\ Lakhani, Nina, `We can't live like this': climate shocks
rain down on Honduras's poorest, The Guardian, Oct. 28, 2021,
available at: <a href="https://www.theguardian.com/environment/2021/oct/28/honduras-climate-crisis-floods-hurricanes-poor-community">https://www.theguardian.com/environment/2021/oct/28/honduras-climate-crisis-floods-hurricanes-poor-community</a>.
\40\ World Report 2022--Honduras, Human Rights Watch, Jan. 13,
2022, available at: <a href="https://www.hrw.org/world-report/2022/country-chapters/honduras#dbcb23">https://www.hrw.org/world-report/2022/country-chapters/honduras#dbcb23</a>.
\41\ Honduras: Hurricane Eta and Iota--Emergency appeal n[deg]
MDR43007 Operation Update no. 2, International Federation of Red
Cross and Red Crescent Societies (IFRC), Jan. 21, 2021, available
at: <a href="https://reliefweb.int/report/honduras/honduras-hurricane-eta-and-iota-emergency-appeal-n-mdr43007-operation-update-no-2">https://reliefweb.int/report/honduras/honduras-hurricane-eta-and-iota-emergency-appeal-n-mdr43007-operation-update-no-2</a>.
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Among the storms affecting Honduras recently was Tropical Storm
Julia, which ``wreaked havoc in 15 of the country's 18 departments.''
\42\Flooding related to Julia is estimated to have affected over
200,000 Hondurans.\43\ Even a ``relatively weak'' hurricane like Julia
reportedly can cause significant destruction in Honduras due to
unaddressed damage to infrastructure from previous storms.\44\
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\42\ United Nations Office for the Coordination of Humanitarian
Affairs, Honduras Humanitarian Needs Overview 2023 (September 2022)
(Feb. 8, 2023), <a href="https://reliefweb.int/report/honduras/honduras-humanitarian-needs-overview-2023-september-2022">https://reliefweb.int/report/honduras/honduras-humanitarian-needs-overview-2023-september-2022</a> (last visited Feb.
9, 2023).
\43\ Id.
\44\ Brigida, Anna-Cat, Hurricane Julia pushes displaced
Hondurans to consider migration, Al Jazeera, Oct. 18, 2022,
available at: <a href="https://www.aljazeera.com/news/2022/10/18/hurricane-julia-pushes-displaced-hondurans-to-consider-migration">https://www.aljazeera.com/news/2022/10/18/hurricane-julia-pushes-displaced-hondurans-to-consider-migration</a>.
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Recent tropical storms, flooding, and subsequent landslides across
the country in 2022 ``affected 188,000 people'' and sparked another
government declared country-wide state of emergency, after 23,000
people were evacuated from homes and more than 12,300 people moved into
housing shelters across eight departments.\45\ As of August 2022,
``more than 16,000 public educational centers in Honduras lack adequate
infrastructure. Some 5,700 centers lack drinking water, and 44% of
schools do not have electricity.'' \46\ ``Between 1 September and 10
October, 162 municipalities in 15 of the 18 departments in Honduras
reported damage to basic and critical infrastructure, including over
3,500 damaged or destroyed houses (COPECO/Gov't of Honduras 11/10/
2022).'' \47\
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\45\ ACAPS Briefing Note: Honduras--Impact of Floods, ACAPS,
p.1, Oct. 27, 2022, available at: <a href="https://reliefweb.int/report/honduras/acaps-briefing-note-honduras-impact-floods-27-october-2022">https://reliefweb.int/report/honduras/acaps-briefing-note-honduras-impact-floods-27-october-2022</a>.
\46\ Quartucci, Soledad, Educational Reform in Honduras-The
Roots of Challenges and the Way Forward, Latina Republic, Aug. 29,
2022, available at: <a href="https://latinarepublic.com/2022/08/29/educational-reform-in-honduras-the-roots-of-challenges-and-the-way-forward/">https://latinarepublic.com/2022/08/29/educational-reform-in-honduras-the-roots-of-challenges-and-the-way-forward/</a>.
\47\ ACAPS Briefing Note: Honduras--Impact of Floods, ACAPS,
p.1, Oct. 27, 2022, available at: <a href="https://reliefweb.int/report/honduras/acaps-briefing-note-honduras-impact-floods-27-october-2022">https://reliefweb.int/report/honduras/acaps-briefing-note-honduras-impact-floods-27-october-2022</a>.
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[[Page 40310]]
The Food and Agriculture Organization of the United Nations (FAO)
noted in April 2022 that ``[t]he number of acutely food-insecure people
in Honduras has doubled in just over a year, due to the combined impact
of COVID-19, poverty and climate-related disasters.'' \48\ The United
Nations estimated a similar impact, reporting that in early 2022, 2.8
million people in Honduras were in need of humanitarian assistance.\49\
Recent reports indicate that food insecurity is worsening, with at
least 2.6 million people in Crisis (IPC Phase 3) \50\ or worse levels
of food insecurity, which is more than a quarter of the population.\51\
Environmental events have been a driving factor for food insecurity by
``affecting food production and availability and increasing staple food
prices in markets,'' such that Honduras faced a ``Crisis (IPC Phase 3)
food insecurity.'' \52\
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\48\ Honduras: Humanitarian Response Plan 2022, Food and
Agriculture Organization of the United Nations (FAO), p.1, Apr. 6,
2022, available at: <a href="https://reliefweb.int/report/honduras/honduras-humanitarian-response-plan-2022">https://reliefweb.int/report/honduras/honduras-humanitarian-response-plan-2022</a>.
\49\ Global Humanitarian Overview 2022, United Nations Office
for the Coordination of Humanitarian Affairs, <a href="https://www.unocha.org/sites/unocha/files/Global%20Humanitarian%20Overview%202022.pdf">https://www.unocha.org/sites/unocha/files/Global%20Humanitarian%20Overview%202022.pdf</a>.
\50\ IPC Acute Food Insecurity is categorized in five distinct
phases: (1) Minimal/None, (2) Stressed, (3) Crisis, (4) Emergency,
(5) Catastrophe/Famine. For additional information on these
classifications, please see the IPC Technical Manual, available at:
<a href="https://www.ipcinfo.org/fileadmin/user_upload/ipcinfo/docs/IPC-Manual-2-Interactive.pdf">https://www.ipcinfo.org/fileadmin/user_upload/ipcinfo/docs/IPC-Manual-2-Interactive.pdf</a>.
\51\ United Nations Office for the Coordination of Humanitarian
Affairs, Honduras Humanitarian Needs Overview 2023 (September 2022)
(Feb. 8, 2023), <a href="https://reliefweb.int/report/honduras/honduras-humanitarian-needs-overview-2023-september-2022">https://reliefweb.int/report/honduras/honduras-humanitarian-needs-overview-2023-september-2022</a>. (last visited Mar.
13, 2023).
\52\ ACAPS Briefing Note: Honduras--Impact of Floods, ACAPS,
p.2, Oct. 27, 2022, available at: <a href="https://www.acaps.org/sites/acaps/files/products/files/20221027_acaps_rapid_analysis_team_briefing_note_honduras_flooding.pdf">https://www.acaps.org/sites/acaps/files/products/files/20221027_acaps_rapid_analysis_team_briefing_note_honduras_flooding.pdf</a>.
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In June 2022, The Guardian reported that pneumonia was ``one of the
leading causes of child death in Honduras,'' and deaths of children
``caused by the disease are strongly linked to malnutrition, lack of
safe water and sanitation, and inadequate access to healthcare.'' \53\
Honduras reported the highest number of severe dengue fever cases in
the Americas in both 2020 \54\ and 2021.\55\ In 2020, the risks of
major infectious diseases including typhoid fever, dengue fever and
malaria were also rated as high.\56\ According to the U.S. Embassy in
Honduras, ``medical care in Honduras varies greatly in quality and
availability.'' \57\ Outside of Honduras's two major cities, it is
``inadequate to address complex situations,'' ``facilities for advanced
surgical procedures are not available,'' and ``ambulance services are
limited in major cities and almost non-existent elsewhere.'' \58\
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\53\ Johnson, Sarah, Fears for Honduran children as poverty
worsens pneumonia's toll, The Guardian, June 9, 2022, available at:
<a href="https://www.theguardian.com/global-development/2022/jun/09/poverty-drought-impending-famine-now-pneumonia-takes-its-cruel-toll-on-honduran-children-acc">https://www.theguardian.com/global-development/2022/jun/09/poverty-drought-impending-famine-now-pneumonia-takes-its-cruel-toll-on-honduran-children-acc</a>.
\54\ Epidemiological Update for Dengue, Chikungunya and Zika in
2020, Pan American Health Organization, updated June 16, 2022,
available at: <a href="https://www3.paho.org/data/index.php/en/mnu-topics/indicadores-dengue-en/annual-arbovirus-bulletin-2020.html">https://www3.paho.org/data/index.php/en/mnu-topics/indicadores-dengue-en/annual-arbovirus-bulletin-2020.html</a>.
\55\ Epidemiological Update for Dengue, Chikungunya and Zika in
2021, Pan American Health Organization, updated June 16, 2022,
available at: <a href="https://www3.paho.org/data/index.php/en/mnu-topics/indicadores-dengue-en/annual-arbovirus-bulletin-2021.html">https://www3.paho.org/data/index.php/en/mnu-topics/indicadores-dengue-en/annual-arbovirus-bulletin-2021.html</a>.
\56\ World Fact Book, U.S. Central Intelligence Agency,
available at: <a href="https://www.cia.gov/the-world-factbook/countries/honduras/">https://www.cia.gov/the-world-factbook/countries/honduras/</a> (last visited June 23, 2022).
\57\ Medical Assistance, U.S. Embassy in Honduras, <a href="https://hn.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens-2/doctors/">https://hn.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens-2/doctors/</a> (last visited Jun. 16, 2022).
\58\ Medical Assistance, U.S. Embassy in Honduras, <a href="https://hn.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens-2/doctors/">https://hn.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens-2/doctors/</a> (last visited Jun. 16, 2022).
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``Honduras is one of the most unequal, corrupt and violent
countries in Latin America, where a handful of politically powerful
clans control the economy while more than two-thirds of the population
live in poverty.'' \59\ In 2021, Honduras ``saw some of its worst
political violence in the run-up to November's presidential elections .
. . [in which] 68 candidates in various local and national races were
killed.'' \60\ The United States indicted the out-going president of
Honduras, Juan Orlando Hernandez, (president of Honduras from 2014
through January 2022),\61\ on federal drug and arms trafficking charges
shortly after he left office,\62\ and Honduras extradited him to the
United States in April 2022 to face the charges.\63\ The current
president who took office on January 27, 2022, inherited the remnants
of what U.S. prosecutors have called a ``narco state.'' \64\
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\59\ Lakhani, Nina, `We can't live like this': climate shocks
rain down on Honduras's poorest, The Guardian, Oct. 28, 2021,
available at: <a href="https://www.theguardian.com/environment/2021/oct/28/honduras-climate-crisis-floods-hurricanes-poor-community">https://www.theguardian.com/environment/2021/oct/28/honduras-climate-crisis-floods-hurricanes-poor-community</a>.
\60\ InSight Crime's 2021 Homicide Round-Up, Insight Crime, Feb.
1, 2022, available at: <a href="https://insightcrime.org/news/insight-crimes-2021-homicide-round-up/">https://insightcrime.org/news/insight-crimes-2021-homicide-round-up/</a>.
\61\ Honduras ex-President Hernandez pleads not guilty in U.S.
court, Al Jazeera, May 10, 2022, available at: <a href="https://www.aljazeera.com/news/2022/5/10/honduras-ex-president-hernandez-pleads-not-guilty-in-us-court">https://www.aljazeera.com/news/2022/5/10/honduras-ex-president-hernandez-pleads-not-guilty-in-us-court</a>.
\62\ Fern[aacute]ndez Simon, Maite, Who is Juan Orlando
Hern[aacute]ndez and why was he extradited to the U.S.?, The
Washington Post, Apr. 21, 2022, available at: <a href="https://www.washingtonpost.com/world/2022/04/21/honduras-juan-orlando-hernandez-extradition/">https://www.washingtonpost.com/world/2022/04/21/honduras-juan-orlando-hernandez-extradition/</a>.
\63\ Martin, Maria and Griffiths, Robbie, Ex-Honduran President
Hern[aacute]ndez is extradited to the U.S. on drug charges, National
Public Radio (NPR), Apr. 21, 2022, available at: <a href="https://www.npr.org/2022/04/21/1093975738/ex-honduran-president-hernandez-will-be-extradited-to-the-u-s-on-drugs-charges">https://www.npr.org/2022/04/21/1093975738/ex-honduran-president-hernandez-will-be-extradited-to-the-u-s-on-drugs-charges</a>.
\64\ Grant, Will, Has Honduras become a `narco-state'?, BBC
News, Apr. 22, 2022, available at: <a href="https://www.bbc.com/news/world-latin-america-56947595">https://www.bbc.com/news/world-latin-america-56947595</a>.
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In recent years, Honduras has been plagued by staggering levels of
crime and violence--ranking as the murder capital of the world in 2012
and 2013.\65\ Gangs that originated in the United States are engaged in
violent fighting in Honduras. They ``have laid siege to communities''
and ``have plunged the country into a state of crisis''--``govern[ing]
much of daily life for residents living in their areas of control, [as]
stand-ins for a corrupt and ineffectual government.'' \66\ A UNHCR
representative stated in November 2021 that gangs in Honduras ``took
advantage of the extreme vulnerability of victims of the hurricanes to
tighten their control, imposing restrictions on movements [. . .] For
many who were displaced by the storms, going back could be dangerous.''
\67\ Honduras was Central America's most deadly country in 2021, with
homicides slightly outpacing 2020, and falling below rates in 2019.\68\
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\65\ Kahn, Carrie, Honduras Claims Unwanted Title Of World's
Murder Capital, NPR, July 2, 2013, available at: <a href="http://www.npr.org/sections/parallels/2013/06/13/190683502/honduras-claims-unwanted-title-of-worlds-murder-capital">http://www.npr.org/sections/parallels/2013/06/13/190683502/honduras-claims-unwanted-title-of-worlds-murder-capital</a>; Rhodan, Maya, Honduras Is Still the
Murder Capital of The World, Time, Feb. 17, 2014, available at:
<a href="http://world.time.com/2014/02/17/honduras-is-still-the-murder-capital-of-the-world/">http://world.time.com/2014/02/17/honduras-is-still-the-murder-capital-of-the-world/</a>; UNHCR Eligibility Guidelines for Assessing
the International Protection Needs of Asylum-Seekers from Honduras,
UNHCR, p.10, July 27, 2016, available at: <a href="http://www.refworld.org/docid/579767434.html">http://www.refworld.org/docid/579767434.html</a>.
\66\ Azam, Ahmed, Three Weeks Embedded in Honduran Gang
Territory, The New York Times, May 7, 2019.
\67\ Rubi, Mar[iacute]a and Gaynor, Tim, In Honduras, climate
change is one more factor sparking displacement, United Nations High
Commissioner for Refugees (UNHCR), Nov. 9, 2021, available at:
<a href="https://reliefweb.int/report/honduras/honduras-climate-change-one-more-factor-sparking-displacement">https://reliefweb.int/report/honduras/honduras-climate-change-one-more-factor-sparking-displacement</a>.
\68\ InSight Crime's 2021 Homicide Round-Up, Insight Crime, Feb.
1, 2022, available at: <a href="https://insightcrime.org/news/insight-crimes-2021-homicide-round-up/">https://insightcrime.org/news/insight-crimes-2021-homicide-round-up/</a>.
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In 2020, internally displaced Hondurans ``represented almost 80
percent of the internally displaced population in Central America and
Mexico.'' \69\ The United Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA) reported that
[[Page 40311]]
``Honduras registered 937,000 new displacements, ranking it among the
top four countries in Latin America and the Caribbean for new disaster-
triggered displacements . . . surpass[ing] countries such as South
Sudan in the number of new displacements due to disasters and conflicts
in 2020.'' \70\ The United Nations High Commissioner for Refugees
(UNHCR) reported in July 2022 that ``58,000 families abandon their
homes in Honduras annually, being internally displaced due to the
violence crisis in the country.'' \71\
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\69\ World Report 2022--Honduras, Human Rights Watch, Jan. 13,
2022, available at: <a href="https://www.hrw.org/world-report/2022/country-chapters/honduras#dbcb23">https://www.hrw.org/world-report/2022/country-chapters/honduras#dbcb23</a>.
\70\ Honduras: Humanitarian Response Plan (August 2021-December
2022), United Nations Office for the Coordination of Humanitarian
Affairs (UNOCHA), Nov. 19, 2021, available at: <a href="https://reliefweb.int/report/honduras/honduras-humanitarian-response-plan-august-2021-december-2022">https://reliefweb.int/report/honduras/honduras-humanitarian-response-plan-august-2021-december-2022</a>.
\71\ Honduras External Update--June to July 2022, United Nations
High Commissioner for Refugees (UNHCR), Jul. 31, 2022, available at:
<a href="https://reliefweb.int/report/honduras/honduras-external-update-june-july-2022">https://reliefweb.int/report/honduras/honduras-external-update-june-july-2022</a>.
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In summary, Honduras's slow recovery after Hurricane Mitch and more
recent environmental disasters, including hurricanes, tropical storms,
flooding and heavy rain, severe drought, and mosquito-borne illness,
continue to disrupt living conditions and render Honduras temporarily
unable to handle the return of those granted TPS under the 1999
designation and are currently residing in the United States.
Additionally, since the 2018 extension of TPS for Honduras,\72\
violence, social and political concerns have adversely impacted living
conditions and hindered recovery from environmental disasters in
Honduras.
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\72\ The TPS designation of Honduras was statutorily
automatically extended for 6 months (from January 6, 2018, through
July 5, 2018) after the Secretary of Homeland Security did not make
a determination on Honduras's designation 60 days prior to the
previous expiration (January 5, 2018). Subsequently, on June 5,
2018, the Secretary published a determination to terminate TPS for
Honduras, effective January 5, 2020.
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Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
<bullet> At the time the Secretary's determination to terminate
Honduras's designation for TPS was announced on June 5, 2018,
conditions in Honduras continued to support the country's designation
for TPS based on environmental disaster grounds; therefore, the
termination should be rescinded, and such rescission is timely given
that the termination has not yet gone into effect. See INA section
244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B).
<bullet> The conditions supporting Honduras's designation for TPS
continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
<bullet> There has been an earthquake, flood, drought, epidemic, or
other environmental disaster in Honduras resulting in a substantial,
but temporary, disruption of living conditions in the area affected;
Honduras is unable, temporarily, to handle adequately the return of its
nationals; and Honduras officially requested designation of TPS. See
INA section 244(b)(1)(B)(i), 8 U.S.C. 1254a(b)(1)(B)(i);
<bullet> The designation of Honduras for TPS should be extended for
an 18-month period, beginning on January 6, 2024, and ending on July 5,
2025. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Notice of the Rescission of TPS Termination and Extension of the TPS
Designation of Honduras
Pursuant to my lawful authorities, including under sections 103(a)
and 244 of the INA, I am hereby rescinding the termination of the TPS
designation of Honduras announced in the Federal Register at 83 FR
26074 (June 5, 2018). Due to this rescission and pursuant to section
244(b)(3)(C) of the INA as well as the court order in Bhattarai v.
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019), the TPS designation
of Honduras has continued to exist since July 5, 2018, without a
standing secretarial determination as to whether TPS should be extended
or terminated. TPS beneficiaries under the designation, whose TPS has
not been finally withdrawn for individual ineligibility, therefore have
continued to maintain their TPS since July 5, 2018.
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Honduras's designation for TPS on the basis of an
environmental disaster continue to be met. See INA sections
244(b)(1)(B), 244(b)(3)(A); 8 U.S.C. 1254a(b)(1)(B), 1254a(b)(3)(A). On
the basis of this determination, I am extending the existing
designation of Honduras for TPS for 18 months, beginning on January 6,
2024, and ending on July 5, 2025. See INA section 244(b)(1)(B),
(b)(3)(C); 8 U.S.C. 1254a(b)(1)(B), (b)(3)(C). Individuals holding TPS
under the designation of Honduras may file to reregister for TPS under
the procedures announced in this Notice if they wish to continue their
TPS under this 18-month extension.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees to Re-Register for TPS:
To re-register for TPS based on the designation of Honduras, you
must submit a Form I-821, Application for Temporary Protected Status
during the 60-day re-registration period that runs November 6, 2023
through January 5, 2024. There is no Form I-821 fee for re-
registration. See 8 CFR 244.17. You may be required to pay the
biometric services fee. If you can demonstrate an inability to pay the
biometric services fee, you may request to have the fee waived. Please
see additional information under the ``Biometric Services Fee'' section
of this notice.
Individuals who have a Honduras TPS application (Form I-821) that
was still pending as of June 21, 2023 do not need to file the
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through July 5, 2025.
Required Application Forms and Application Fees To Obtain an EAD
Every employee must provide their employer with documentation
showing they have a legal right to work in the United States. TPS
beneficiaries are authorized to work in the United States and are
eligible for an EAD which proves their employment authorization. If you
have an existing EAD issued under the TPS designation of Honduras that
has been auto-extended through June 30, 2024 by the notice published at
87 FR 68717, you may continue to use that EAD through that date. If you
want to obtain a new EAD valid through July 5, 2025, you must file an
Application for Employment Authorization (Form I-765) and pay the Form
I-765 fee (or request a fee waiver, which you may submit on Form I-912,
Request for Fee Waiver).
You may, but are not required to, submit Form I-765, Application
for Employment Authorization, with your Form I-821 re-registration
application. If you do not want a new EAD now, you can request one
later by filing your I-765 and paying the fee (or requesting a fee
waiver) at that time, provided you have TPS or a pending TPS
application. If you have TPS and only a pending Form I-765, you must
file the Form I-821 to re-register for TPS or risk having
[[Page 40312]]
your TPS withdrawn for failure to reregister without good cause.
Information About Fees and Filing
USCIS offers the option to applicants for TPS under Honduras's
designation to file Form I-821 and related requests for EADs online or
by mail. When filing a TPS application, applicants can also request an
EAD by submitting a completed Form I-765, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing online.\73\ To file these forms online, you must first create a
USCIS online account.\74\ However, if you are requesting a fee waiver,
you cannot submit the applications online. You will need to file paper
versions of the fee waiver request and the form for which you are
requesting the fee waiver.
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\73\ Find information about online filing at ``Forms Available
to File Online,'' <a href="https://www.uscis.gov/file-online/forms-available-to-file-online">https://www.uscis.gov/file-online/forms-available-to-file-online</a>.
\74\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status and Form I-765, Application for Employment Authorization, Form
I-912, Request for Fee Waiver, if applicable, and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
Then mail your application to:
If you live in:
------------------------------------------------------------------------
<bullet> Alabama........................ USCIS Phoenix Lockbox.
<bullet> Alaska U.S. Postal Service (USPS):
<bullet> American Samoa USCIS, Attn: TPS Honduras,
<bullet> Arizona P.O. Box 21800, Phoenix, AZ
<bullet> Arkansas 85036-1800.
FedEx, UPS, or DHL: USCIS,
Attn: TPS Honduras (Box
21800), 2108 E. Elliot Rd.,
Tempe, AZ 85284-1806.
<bullet> California
<bullet> Colorado
<bullet> Guam
<bullet> Hawaii
<bullet> Idaho
<bullet> Kentucky
<bullet> Louisiana
<bullet> Mississippi
<bullet> Montana
<bullet> Nevada
<bullet> New Mexico
<bullet> North Carolina
<bullet> Northern Mariana Islands
<bullet> Oklahoma
<bullet> Oregon
<bullet> Puerto Rico
<bullet> Tennessee
<bullet> Texas
<bullet> Utah
<bullet> Virgin Islands
<bullet> Virginia
<bullet> Washington
<bullet> West Virginia
<bullet> Wyoming........................
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<bullet> Connecticut.................... USCIS Elgin Lockbox.
<bullet> Delaware U.S. Postal Service (USPS):
<bullet> District of Columbia USCIS, Attn: TPS Honduras,
<bullet> Florida P.O. Box 4091, Carol Stream,
IL 60197-4091.
FedEx, UPS, or DHL: USCIS,
Attn: TPS Honduras (Box
4091), 2500 Westfield Drive,
Elgin, IL 60124-7836.
<bullet> Georgia ..............................
<bullet> Illinois ..............................
<bullet> Indiana ..............................
<bullet> Iowa ..............................
<bullet> Kansas ..............................
<bullet> Maine ..............................
<bullet> Maryland ..............................
<bullet> Massachusetts ..............................
<bullet> Michigan ..............................
<bullet> Minnesota ..............................
<bullet> Missouri ..............................
<bullet> Nebraska ..............................
<bullet> New Hampshire ..............................
<bullet> New Jersey ..............................
<bullet> New York ..............................
<bullet> North Dakota ..............................
<bullet> Ohio ..............................
<bullet> Pennsylvania ..............................
<bullet> Rhode Island ..............................
<bullet> South Carolina ..............................
[[Page 40313]]
<bullet> South Dakota ..............................
<bullet> Vermont ..............................
<bullet> Wisconsin ..............................
------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
mail your Form I-765 application to the appropriate mailing address in
Table 1. When you are requesting an EAD based on an IJ/BIA grant of
TPS, please include a copy of the IJ or BIA order granting you TPS with
your application. This will help us verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying
(i.e., registering) for TPS on the USCIS website at <a href="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a> under ``Honduras.''
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside of the United States. If
granted, travel authorization gives you permission to leave the United
States and return during a specific period. To request travel
authorization, you must file Form I-131, Application for Travel
Document, available at <a href="https://www.uscis.gov/i-131">https://www.uscis.gov/i-131</a>. You may file Form
I-131 together with your Form I-821 or separately. When filing the Form
I-131, you must:
<bullet> Select Item Number 1.d. in Part 2 on the Form I-131; and
<bullet> Submit the fee for the Form I-131, or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. If you are filing Form I-131
separately based on a pending or approved Form I-821, send your form to
the address listed in Table 2 and include a copy of Form I-797 for the
approved or pending Form I-821.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with a Form I- The address provided in
821, Application for Temporary Protected Table 1.
Status
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, P.O.
approved Form I-821, and you are using Box 660167, Dallas, TX
the U.S. Postal Service (USPS): 75266-0867.
You must include a copy of the receipt
notice (Form I-797 or I-797C) showing
we accepted or approved your Form I-
821.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, 2501
approved Form I-821, and you are using S State Hwy. 121 Business,
FedEx, UPS, or DHL: Ste. 400, Lewisville, TX
75067.
You must include a copy of the receipt
notice (Form I-797 or I-797C) showing
we accepted or approved your Form I-
821.
------------------------------------------------------------------------
Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay the
biometric services fee, you may request a fee waiver, which you may
submit on Form I-912, Request for Fee Waiver. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at <a href="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a>. Fees for Form I-765 and biometric
services are also described in 8 CFR 103.7(b)(1) (Oct. 1, 2020). If
necessary, you may be required to visit an Application Support Center
to have your biometrics captured. For additional information on the
USCIS biometric screening process, please see the USCIS Customer
Profile Management Service Privacy Impact Assessment, available at
<a href="https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms">https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms</a>.
Refiling a TPS Re-Registration Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue
your EAD promptly, if one has been requested. Properly filing early
will also allow you to have time to refile your application before the
deadline, should USCIS deny your fee waiver request. The fee waiver
denial notice will contain specific instructions about resubmitting
your application. However, you are urged to refile within 45 days of
the date on any USCIS fee waiver denial notice, if possible. See INA
section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(b). For
more information on good cause for late re-registration, visit the
USCIS TPS web page at <a href="http://www.uscis.gov/tps">www.uscis.gov/tps</a>.
Note: A re-registering TPS beneficiary age 14 and older must
pay the biometric services fee (but not the Form I-821 fee), or
request a fee waiver, when filing a TPS re-registration application.
As discussed above, if you decide to wait to request an EAD, you do
not have to file the Form I-765 or pay the associated Form I-765 fee
(or request a fee waiver) at the time of re-registration. You may
wait to seek an EAD until after USCIS has approved your TPS re-
registration application or at any later date you decide you want to
request an EAD. To re-register for TPS, you only need to file the
Form I-821 with the biometrics services fee, if applicable, (or
request a fee waiver).
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at
[[Page 40314]]
<a href="http://uscis.gov">uscis.gov</a>, or visit the USCIS Contact Center at <a href="https://www.uscis.gov/contactcenter">https://www.uscis.gov/contactcenter</a>. If your Form I-765 has been pending for more than 90
days, and you still need assistance, you may ask a question about your
case online at <a href="https://egov.uscis.gov/e-request/Intro.do">https://egov.uscis.gov/e-request/Intro.do</a> or call the
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on Form I-9,
Employment Eligibility Verification, as well as the Acceptable
Documents web page at <a href="https://www.uscis.gov/i-9-central/acceptable-documents">https://www.uscis.gov/i-9-central/acceptable-documents</a>. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three days of
hire, employees must present acceptable documents to their employers as
evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in the Form I-9 Instructions. Employers may not reject a document based
on a future expiration date. You can find additional information about
Form I-9 on the I-9 Central web page at <a href="https://www.uscis.gov/I-9Central">https://www.uscis.gov/I-9Central</a>. An EAD is an acceptable document under List A.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through July 5, 2025, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Honduran citizenship or a Form I-
797C showing that I registered for TPS for Form I-9 completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers need not reverify List B identity documents. Employers may
not request proof of Honduran citizenship or proof of registration for
TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. Refer to the ``Note to
Employees'' section of this Federal Register notice for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin. Employers can refer to the compliance
notice that DHS published on November 16, 2022, for information on how
to complete the Form I-9 with TPS EADs that DHS extended through June
30, 2024.\75\
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\75\ Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 87 FR 68717 (Nov. 16, 2022).
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Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#074e2a3e4462697375666b477274646e7429636f7429606871"><span class="__cf_email__" data-cfemail="e4adc9dda7818a90968588a49197878d97ca808c97ca838b92">[email protected]</span></a>. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
<a href="/cdn-cgi/l/email-protection#723b3720320701161d185c151d04"><span class="__cf_email__" data-cfemail="7b323e293b0e081f1411551c140d">[email protected]</span></a>.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at <a href="/cdn-cgi/l/email-protection#c188ecf882a4afb5b3a0ad81b4b2a2a8b2efa5a9b2efa6aeb7"><span class="__cf_email__" data-cfemail="bbf29682f8ded5cfc9dad7fbcec8d8d2c895dfd3c895dcd4cd">[email protected]</span></a>. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515)
for information regarding employment discrimination based on
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline
provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (mismatch) must
promptly inform employees of the mismatch and give such employees an
opportunity to take action to resolve the mismatch. A mismatch result
means that the information entered into E-Verify from Form I-9 differs
from records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at <a href="https://www.justice.gov/crt/immigrant-and-employee-rights-section">https://www.justice.gov/crt/immigrant-and-employee-rights-section</a> and the USCIS and E-Verify
websites at <a href="https://www.uscis.gov/i-9-central">https://www.uscis.gov/i-9-central</a> and <a href="https://www.e-verify.gov">https://www.e-verify.gov</a>.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
This Federal Register Notice does not invalidate the compliance
notice DHS issued on November 16, 2022, which
[[Page 40315]]
extended the validity of certain TPS documentation through June 30,
2024, and does not require individuals to present a Form I-797, Notice
of Action. While Federal Government agencies must follow the guidelines
laid out by the Federal Government, State and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, State, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary, show you are authorized to work based on TPS or other
status, or that may be used by DHS to determine if you have TPS or
another immigration status. Examples of such documents are:
<bullet> Your current EAD with a TPS category code of A-12 or C-19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of Honduras; or
<bullet> Your Form I-94, Arrival/Departure Record or Form I-797,
Notice of Action, as shown in the Federal Register notice published at
87 FR 68717.
Check with the government agency requesting documentation regarding
which document(s) the agency will accept. Some state and local
government agencies use the SAVE program to confirm the current
immigration status of applicants for public benefits.
While SAVE can verify that an individual has TPS, each state and
local government agency's procedures govern whether they will accept an
unexpired EAD, Form I-797, Form I-797C, or Form I-94. It may also
assist the agency if you:
a. Give the agency a copy of the relevant Federal Register notice
listing the TPS-related document, including any applicable auto-
extension of the document, in addition to your recent TPS-related
document with your A-number, USCIS number or Form I-94 number;
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. Ask the agency to initiate a SAVE query with your information
and follow through with additional verification steps, if necessary, to
get a final SAVE response verifying your TPS.
You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or any
automatic extension of TPS-related documentation. In most cases, SAVE
provides an automated electronic response to benefit-granting agencies
within seconds, but occasionally verification can be delayed.
You can check the status of your SAVE verification by using
CaseCheck at <a href="https://save.uscis.gov/casecheck/">https://save.uscis.gov/casecheck/</a>. CaseCheck is a free
service that lets you follow the progress of your SAVE verification
case using your date of birth and one immigration identifier number (A-
number, USCIS number, or Form I-94 number) or Verification Case Number.
If an agency has denied your application based solely or in part on a
SAVE response, the agency must offer you the opportunity to appeal the
decision in accordance with the agency's procedures. If the agency has
received and acted on or will act on a SAVE verification and you do not
believe the SAVE response is correct, the SAVE website, <a href="http://www.uscis.gov/save">www.uscis.gov/save</a>, has detailed information on how to correct or update your
immigration record, make an appointment, or submit a written request to
correct records.
[FR Doc. 2023-13017 Filed 6-20-23; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on June 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.