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DHS terminates TPS for Haiti

  1. Original Date Announced

    January 18, 2018

    DHS Secretary terminates TPS for Haiti, following the agency's previous tentative decision not to extend the country's TPS designation. The Secretary determines that the "extraordinary but temporary" conditions that led to Haiti's TPS designation no longer exist. She delays the effective date of the termination for 18 months, until July 22, 2019, to ensure for an orderly transition.

    [ID# 25]

    2018.01.18 Termination of the Designation of Haiti for Temporary Protected Status
  2. Effective Date

    July 22, 2019
  3. Subsequent Trump and Court Action(s)

    • October 3, 2018

      2018-10-03 ORDER by Judge Edward M. Chen Granting 120 Plaintiffs' Motion for Preliminary Injunction

      On Oct. 3, 2018, Judge Edward Chen in the U.S. District Court for the Northern District of California issued a preliminary injunction preventing DHS from implementing TPS terminations for El Salvador, Haiti, Nicaragua, and Sudan while the case is resolved on its merits.

      View Document
    • March 1, 2019

      Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Sudan, Nicaragua, Haiti, and El Salvador

      To comply with a preliminary injunction in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), DHS published a notice that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Nicaragua, and Sudan will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility. DHS also announced an extension of the validity of TPS-related documentation for through January 2, 2020.

      View Document
    • November 1, 2019

      Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

      To comply with a preliminary injunction in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (and the preliminary injunction in Saget and the order to stay proceedings in Bhattarai), DHS published a notice that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Nicaragua, and Sudan will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility. DHS also announced an extension of the validity of TPS-related documentation for through January 4, 2021.

      View Document
    • September 14, 2020

      Ninth Circuit Ramos Decision

      On September 14, 2020, the Ninth Circuit overturned the district court injunction which had temporarily blocked the Trump Administration's plans to terminate TPS for several countries, including Haiti. However, because the appellate court has not issued its directive to the district court to make that ruling effective, the injunction currently remains in effect. A motion for rehearing en banc was due 11/30/20. Ramos v. Nielsen (N.D. Cal. Case No. 3:18-cv-01554), (9th Cir. Case No. 18-16981). A preliminary injunction issued by the E.D.N.Y. also blocking the termination of Haitian TPS remains in effect and is pending a decision on appeal at the Second Circuit. Saget v. Trump (E.D.N.Y. Case No. 1:18-cv-01599)(2d Cir. Case No. 19-1685).

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
    • December 9, 2020

      Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

      DHS announced that beneficiaries under the TPS designation for Haiti will retain their TPS while the preliminary injunctions in Ramos and Saget remain in effect, provided that the TPS is not withdrawn because of individual ineligibility. Although a panel of the U.S. Court of Appeals for the Ninth Circuit vacated the injunction in Ramos on September 14, 2020, the appellate court had not issued its directive to the district court to make that ruling effective and the injunction thus remains in place as of 12/09/20.

      The Notice extends the validity of TPS and TPS-related documentation to current TPS holders from El Salvador, Haiti, Honduras, Nicaragua, Nepal, and Sudan through January 4, 2021.

      View Document
    • February 10, 2023

      9th Cir. Order dated 2.10.23, Ramos v. Wolf

      On February 10, 2023, the Ninth Circuit Court of Appeals granted a petition for rehearing en banc in Ramos v. Mayorkas, which was brought by a group of TPS holders from El Salvador, Haiti, Nicaragua, and Sudan, and their U.S.-citizen children. In the order granting rehearing, the Court vacated a 2020 decision issued by a three-judge panel in the Ninth Circuit, which reversed a district court injunction of the Trump administration's decisions to terminate TPS for individuals from those four countries.

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
    • June 29, 2023

      Order Granting DHS Motion to Voluntarily Dismiss Appeal

      On June 29, 2023, an en banc panel of the Ninth Circuit Court of Appeals granted DHS's motion to voluntarily dismiss its appeal of the district court order in the Ramos litigation. The court's order was based on DHS's decision to newly designate TPS for Haiti and Sudan and to reconsider and rescind the prior administration's challenged decisions to terminate TPS determinations for El Salvador, Honduras, Nepal, and Nicaragua.

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
    • August 2, 2023

      2023.08.02 - Bhattarai Order Consolidating Case with Ramos

      On August 2, 2023, Judge Edward Chen in the U.S. District Court for the Northern District of California consolidated the Bhattarai litigation with the Ramos v. Mayorkas case. The plaintiffs in Bhattarai are TPS holders from Honduras and Nepal, while the plaintiffs in Ramos are TPS holders from El Salvador, Haiti, Nicaragua, and Sudan and their U.S. citizen children.

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
    • December 28, 2023

      2023.12.28 Ramos v. Nielsen_Dist. Court Order Granting DHS' Motion to Dismiss

      On December 28, 2023, Judge Edward Chen in the U.S. District Court for the Northern District of California granted DHS' motion to dismiss the Ramos lawsuit, finding the Plaintiffs' claims were moot due to the Biden administration's rescission of the Trump-era TPS terminations and extended TPS designations for El Salvador, Honduras, Nepal, and Nicaragua, as well as the redesignation of Sudan and Haiti for TPS. Ramos v. Nielsen, No. 18-CV-01554-EMC, 2023 WL 9002731 (N.D. Cal. Dec. 28, 2023). The decision came after the Ninth Circuit dismissed DHS' appeal of the preliminary injunction issued by Judge Chen in 2018. See Ramos v. Mayorkas, No. 18-16981, 2023 WL 4363667 (9th Cir. June 29, 2023).

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
    • February 27, 2024

      2024.02.27 Ramos v. Nielsen_Judgment

      On February 27, 2024, Judge Edward Chen in the U.S. District Court for the Northern District of California enters judgment in favor of DHS in Ramos v. Nielsen after granting DHS' motion to dismiss on December 28, 2023.

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
  4.  
  5. Biden Administration Action: Revoked/Replaced

    August 3, 2021

    Designation of Haiti for Temporary Protected Status

    This Biden administration policy effectively reverses the Trump-era policy identified in this entry.

    On May 22, 2021, DHS Secretary Mayorkas announced that a decision to issue a new 18-month designation of Haiti for TPS. USCIS published a Federal Register Notice on August 3, 2021 putting that designation into effect. The Notice directs current TPS holders whose protections remain in effect due to the preliminary injunctions in Ramos and Saget to register as new applicants during the registration period because that will ensure their continued protections even if the injunctions are vacated, but recognizes that protections for such individuals will remain in effect at least as long as the injunctions remain in effect.

    View Document
  6. Biden Administration Action: Delayed

    September 10, 2021

    Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

    Due to the preliminary injunctions in Ramos and Saget and the order to stay proceedings in Bhattarai, on September 10, 2021, DHS published a Federal Register Notice once more continuing the validity of documentation for beneficiaries of Temporary Protected Status from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. The extension of validity periods runs until December 31, 2022.

    Haitian nationals covered by the TPS designation whose termination was challenged in court may apply for TPS under the new TPS designation issued by the Biden administration for that country in order to retain TPS protections regardless of the outcome of the Ramos lawsuit. Haitian nationals not covered by the designation whose termination was challenged in court are unaffected by this notice and must apply for protections during the registration period under the new designation.

    View Document
  7. Biden Administration Action: Delayed

    November 16, 2022

    Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

    On November 16, 2022, DHS published a Federal Register Notice extending the validity period of Temporary Protected Status (TPS) and TPS-related documents for covered individuals from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan until June 30, 2024.

    Haitian and Sudanese nationals covered by the TPS designations whose terminations were challenged in court may still apply for TPS under the new TPS designations issued by the Biden administration for those countries in order to retain TPS protections regardless of the outcome of the litigation. Haitian and Sudanese nationals not covered by designations whose terminations have been challenged in court are unaffected by this notice and must apply for protections during the current registration periods under the new designations.

    View Document
  8. Biden Administration Action: Revoked/Replaced

    January 26, 2023

    Extension and Redesignation of Haiti for Temporary Protected Status

    DHS announced that Haiti's TPS designation will be extended and redesignated from February 4, 2023, for 18 months, until August 3, 2024, and laid out procedures for special considerations for Haitian students seeking visas.

    View Document
  9. Biden Administration Action: Other

    December 14, 2023

    Extension of Re-Registration Periods for Extensions of the Temporary Protected Status Designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

    The Department of Homeland Security extended the period to re-register for Temporary Protected Status (TPS) from 60 days to the full 18-month length of the Haiti's current TPS designation extension, until August 3, 2024.

    View Document
  10. Biden Administration Action: Modified

    July 1, 2024

    2024.07.01 Extension and Redesignation of Haiti for Temporary Protected Status

    On July 1, 2024, the Department of Homeland Security (DHS) announced the extension and redesignation of Haiti for Temporary Protected Status (TPS) for 18 months, from Aug. 4, 2024, to Feb. 3, 2026, due to extraordinary and temporary conditions in Haiti.

    View Document

Current Status

Not in effect

Most Recent Action

July 1, 2024 Action: Modified 2024.07.01 Extension and Redesignation of Haiti for Temporary Protected Status
August 3, 2021
Acted on by Biden Administration
September 10, 2021
Acted on by Biden Administration
November 16, 2022
Acted on by Biden Administration
January 26, 2023
Acted on by Biden Administration
December 14, 2023
Acted on by Biden Administration
July 1, 2024
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Program Termination
Subject Matter: TPS
Agencies Affected: USCIS

Associated or Derivative Policies

Pre Trump-Era Policies

Commentary

  • U.S. District Court grants preliminary injunction, stopping TPS revocation

    Go to article

Documents

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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com