Notice2023-27342
Extension of Re-Registration Periods for Extensions of the Temporary Protected Status Designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
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Published
December 14, 2023
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 extending the re-registration periods for the extensions of the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan from 60 days to the full 18-month designation extension period of each country. Beneficiaries must re- register to receive TPS benefits under the most recent designation extensions for these countries.
Full Text
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<title>Federal Register, Volume 88 Issue 239 (Thursday, December 14, 2023)</title>
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[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86665-86667]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27342]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2760-23; DHS Docket No. USCIS-2023-0013]
RIN 1615-ZC06
Extension of Re-Registration Periods for Extensions of the
Temporary Protected Status Designations of El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of extension of re-registration periods for extensions
of the Temporary Protected Status designations of El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the re-registration periods for the extensions of the
Temporary Protected Status (TPS) designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan from 60 days to the full 18-month
designation extension period of each country. Beneficiaries must re-
register to receive TPS benefits under the most recent designation
extensions for these countries.
DATES: The re-registration period for individuals to submit TPS
applications under the designation of:
<bullet> El Salvador is July 12, 2023, through March 9, 2025;
<bullet> Haiti is January 26, 2023, through August 3, 2024;
<bullet> Honduras is November 6, 2023, through July 5, 2025;
<bullet> Nepal is October 24, 2023, through June 24, 2025;
<bullet> Nicaragua is November 6, 2023, through July 5, 2025; and
<bullet> Sudan is August 21, 2023, through April 19, 2025.
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://uscis.gov/tps">https://uscis.gov/tps</a>. You can find
specific information about each country's TPS designation by selecting
the name of the country from the menu on the left side of the TPS web
page.
<bullet> If you have additional questions about TPS, please visit
<a href="https://uscis.gov/tools">https://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://uscis.gov/contactcenter">https://uscis.gov/contactcenter</a>.
<bullet> Further information will also be available at local USCIS
offices upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
DHS U.S. Department of Homeland Security
EAD Employment Authorization Document
Form I-765 Application for Employment Authorization
Form I-821 Application for Temporary Protected Status
FR Federal Register
INA Immigration and Nationality Act
Secretary Secretary of Homeland Security
TPS Temporary Protected Status
TTY Text Telephone
USCIS U.S. Citizenship and Immigration Services
Purpose of This Action (TPS)
The re-registration period extensions apply to the following
Federal Register notices:
Reconsideration and Rescission of Termination of the Designation of
El Salvador for Temporary Protected Status; Extension of the Temporary
Protected Status Designation for El Salvador, 88 FR 40282 (June 21,
2023). The 18-month re-registration period now runs from July 12, 2023,
through March 9, 2025.
Extension and Redesignation of Haiti for Temporary Protected
Status, 88 FR 5022 (January 26, 2023). The re-registration period now
runs from January 26, 2023, through August 3, 2024.
Reconsideration and Rescission of Termination of the Designation of
Honduras for Temporary Protected Status; Extension of the Temporary
Protected Status Designation for Honduras, 88 FR 40304 (June 21, 2023).
The 18-month re-registration period now runs from November 6, 2023,
through July 5, 2025.
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Reconsideration and Rescission of Termination of the Designation of
Nepal for Temporary Protected Status; Extension of the Temporary
Protected Status Designation for Nepal, 88 FR 40317 (June 21, 2023).
The 18-month re-registration period now runs from October 24, 2023,
through June 24, 2025.
Reconsideration and Rescission of Termination of the Designation of
Nicaragua for Temporary Protected Status; Extension of the Temporary
Protected Status Designation for Nicaragua, 88 FR 40294 (June 21,
2023). The 18-month re-registration period now runs from November 6,
2023, through July 5, 2025.
Extension and Redesignation of Sudan for Temporary Protected
Status, 88 FR 56864 (August 21, 2023). The re-registration period now
runs from August 21, 2023, through April 19, 2025.
Through this notice, DHS sets forth updated re-registration periods
from 60 days to 18 months for the extensions of the TPS designations
for El Salvador,\1\ Haiti,\2\ Honduras,\3\ Nepal,\4\ Nicaragua,\5\ and
Sudan \6\ as specified in this notice. See section 244 of the
Immigration and Nationality Act (INA), 8 U.S.C. 1254a; 8 CFR 244.17.
This will allow individuals to submit a re-registration application for
TPS and an application for employment authorization documentation (if
desired), during the full length of the relevant country's TPS
designation extension.
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\1\ Reconsideration and Rescission of Termination of the
Designation of El Salvador for Temporary Protected Status; Extension
of the Temporary Protected Status Designation for El Salvador, 88 FR
40282 (June 21, 2023).
\2\ Extension and Redesignation of Haiti for Temporary Protected
Status, 88 FR 5022 (Jan. 26, 2023).
\3\ Reconsideration and Rescission of Termination of the
Designation of Honduras for Temporary Protected Status; Extension of
the Temporary Protected Status Designation for Honduras, 88 FR 40304
(June 21, 2023).
\4\ Reconsideration and Rescission of Termination of the
Designation of Nepal for Temporary Protected Status; Extension of
the Temporary Protected Status Designation for Nepal, 88 FR 40317
(June 21, 2023).
\5\ Reconsideration and Rescission of Termination of the
Designation of Nicaragua for Temporary Protected Status; Extension
of the Temporary Protected Status Designation for Nicaragua, 88 FR
40294 (June 21, 2023).
\6\ Extension and Redesignation of Sudan for Temporary Protected
Status, 88 FR 56864 (Aug. 21, 2023).
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DHS is extending the re-registration periods for a number of
reasons, including that certain beneficiaries have not been required to
re-register for TPS for several years due to pending litigation and
related continuation of their documentation, confusion within the
beneficiary population, and operational considerations for USCIS.
Historically, the length of the re-registration period has typically
been 60 days.\7\ Beneficiaries of TPS have typically re-registered for
TPS within a 60-day period on a recurring basis at the end of their
country's designation approximately every 12 to 18 months as announced
by Federal Register notices that extended the designation. However,
certain beneficiaries under these TPS designations have not been
required to re-register for TPS for several years due to a series of
DHS-issued Federal Register notices that continued the documentation
for beneficiaries of TPS designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal pursuant to ongoing
litigation.\8\ Those beneficiaries must re-register to receive TPS
benefits under the most recent extensions.
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\7\ DHS has previously provided a re-registration period for
longer than 60 days. See, e.g., Extension and Redesignation of Haiti
for Temporary Protected Status, 76 FR 29000 (May 19, 2011)
(providing a 90-day re-registration period for Haiti TPS).
Additionally, DHS has previously extended a re-registration period.
See, e.g., Extension of the Re-Registration Period for Haiti
Temporary Protected Status, 79 FR 25141 (May 2, 2014) (providing an
extension of the re-registration period for Haiti TPS in order to
maximize re-registration opportunities for eligible beneficiaries.
At the time, USCIS had received a low proportion of the expected
number of re-registration applications, and stakeholders reported
that the low number of re-registration applications may have been
due to confusion about the re-registration deadline). Similarly, DHS
is providing applicants under these designations extended re-
registration periods to address the several year gap in the typical
re-registration requirements.
\8\ TPS termination decisions were announced for El Salvador,
Haiti, Nicaragua, Sudan, Honduras, and Nepal in 2017-2018. 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. 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). 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. See 83 FR 54764 (Oct. 31,
2018); 84 FR 7103 (Mar. 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); 86 FR 50725 (Sept.
10, 2021) (correction notice issued at 86 FR 52694 (Sept. 22,
2021)); 87 FR 68717 (Nov. 16, 2022).
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After reevaluating the initial 60-day re-registration periods
announced for TPS under the designation extensions for El Salvador,
Haiti, Nicaragua, Sudan, Honduras, and Nepal, DHS has determined that
it will provide the full designation extension periods for applicants
to file their re-registration Form I-821 and Form I-765 to obtain an
EAD, if desired. Limiting the re-registration period to 60 days for
these particular beneficiaries may place a burden on applicants who are
unable to timely file but would otherwise be eligible to re-register
for TPS, particularly in light of the ongoing litigation and the
resulting overlapping periods of TPS validity announced in several
Federal Register notices, which may be confusing to some current
beneficiaries. This notice allows beneficiaries of these countries who
have not been required to re-register for TPS since their last
extension to re-register over the full TPS designation period.\9\ Prior
to the currently required re-registration, beneficiaries under these
designations \10\ were last required to re-register from July 8, 2016,
through September 6, 2016, under El Salvador's designation,\11\ from
May 16, 2016, through July 15, 2016, under Nicaragua's and Honduras's
designations,\12\ and from October 26, 2016, through December 27, 2016,
under Nepal's designation.\13\
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\9\ Re-registrants under TPS Haiti and Sudan, including
beneficiaries who initially obtained TPS under the 2021 and 2022
designations of TPS for Haiti and Sudan, may file during the entire
designation re-registration period as noted in this notice.
\10\ Haiti and Sudan were newly designated for TPS in 2021 and
2022, respectively. Prior to the new designation of TPS for Haiti on
August 3, 2021, beneficiaries under the Haiti designation were last
required to re-register from May 24, 2017, through July 24, 2017.
See Extension and Redesignation of Haiti for Temporary Protected
Status, 82 FR 23830 (July 23, 2017). Prior to the new designation of
TPS for Sudan on April 19, 2022, beneficiaries under the Sudan
designation were last required to re-register from January 25, 2016,
through March 25, 2016. See Extension and Redesignation of Sudan for
Temporary Protected Status, 81 FR 4045 (January 25, 2016).
\11\ Extension of the Designation of El Salvador for Temporary
Protected Status, 81 FR 44645 (July 8, 2016).
\12\ Extension of the Designation of Nicaragua for Temporary
Protected Status, 81 FR 30325 (May 16, 2016). Extension of the
Designation of Honduras for Temporary Protected Status, 81 FR 30331
(May 16, 2016). Following the last extension of TPS for Honduras,
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. See Extension of the Designation
of Honduras for Temporary Protected Status, 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 sec.
244(b)(3)(C) requires that the designation be extended an additional
six months (or 12 or 18 months in the Secretary's discretion).
\13\ Extension of the Designation of Nepal for Temporary
Protected Status, 81 FR 74470 (October 26, 2016).
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As discussed previously, due to unique circumstances, including
protracted litigation, these TPS
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beneficiaries have been subject to multiple, overlapping periods of
potential TPS validity due to the ongoing litigation. They also have
not been required to re-register for several years. Therefore, this
extended re-registration period allows this population of beneficiaries
to more easily comply with the re-registration requirement, which could
avoid placing additional burdens on these re-registrants. In addition,
permitting re-registration throughout the entirety of the designation
extension period could reduce the operational burden on USCIS;
reviewing and adjudicating late-filed re-registration applications that
may occur as a result of the 60-day period due to lack of awareness of
the re-registration requirement that these particular beneficiaries are
more likely to experience because of the protracted litigation and
subsequent TPS actions to continue documentation, would require
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additional resources.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-27342 Filed 12-13-23; 8:45 am]
BILLING CODE 9111-97-P
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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.