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DHS terminates TPS for El Salvador

  1. Original Date Announced

    January 18, 2018

    USCIS issues a notice in the Federal Register announcing the termination of TPS for El Salvador. USCIS has determined that the disaster-related country conditions that led to the country's original designation in 2001 no longer exist. Termination is delayed for 18 months to allow for transition. [ID #27]

    Federal Register Notice: Termination of the Designation of El Salvador for Temporary Protected Status
  2. Effective Date

    September 9, 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) (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for El Salvador, Haiti, Nicaragua, and Sudan will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility.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 2, 2020.

      View Document
    • November 4, 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for El Salvador, Haiti, Nicaragua, and Sudan will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility.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 reversed the Ramos district court's ruling and vacated its preliminary injunction, but the Ninth Circuit never issued its mandate because the parties entered into extended mediation while a petition for rehearing en banc was pending before the panel. Ramos v. Nielsen (N.D. Cal. Case No. 3:18-cv-01554); (Ninth Cir. Case No. 18-16981).

      **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, Nicaragua, Sudan, Honduras, and Nepal

      DHS announced that beneficiaries under the TPS designation for El Salvador will retain their TPS while the preliminary injunction in Ramos remains 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.

      DHS extended the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for nine months through October 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, based on DHS's decisions to issue new TPS designations for Haiti and Sudan and to reconsider and rescind the prior administration's decisions to terminate TPS designations for El Salvador, Honduras, Nepal, and Nicaragua, the en banc panel of the Ninth Circuit Court of Appeals granted DHS's motion to voluntarily dismiss its appeal of the district court's order in this case.

      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 grants DHS' motion to dismiss the Ramos case, finding the Plaintiffs' claims are 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 comes 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: 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
  6. 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 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 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 Ramos lawsuit. 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
  7. Biden Administration Action: Revoked/Replaced

    June 21, 2023

    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

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On June 21, 2023, DHS published a Federal Register Notice reconsidering and rescinding the prior administration’s termination of designation of El Salvador for TPS. The rescission was effective June 9, 2023, and the new 18-month extension of TPS for Honduras begins on September 10, 2023, and will remain in effect through March 9, 2025.

    View Document
  8. 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 El Salvador's current TPS designation extension, until March 9, 2025.

    View Document
  9. Biden Administration Action: Other

    June 20, 2024

    2024.06.27 USCIS Extends Employment Authorization Documents under Temporary Protected Status Designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan

    On June 20, 2024, U.S. Citizenship and Immigration Services (USCIS) extended the validity period of certain TPS-related Employment Authorization Documents (EADs) for covered individuals from El Salvador, Honduras, Nepal, Nicaragua, and Sudan through March 9, 2025.

    View Document
  10. Biden Administration Action: Revoked/Replaced

    January 10, 2025

    2025.01.10 DHS Publishes Federal Register Notice Extending TPS for El Salvador

    This Biden administration policy builds on the previous Biden administration actions effectively replacing the Trump-era policy identified in this entry.

    On January 10, 2025, DHS announced it is extending Temporary Protected Status for El Salvador for 18 months, from March 10, 2025, to September 9, 2026. EADs previously issued under El Salvador's TPS designation are automatically extended through March 9, 2026.

    View Document

Current Status

Not in effect

Most Recent Action

January 10, 2025 Action: Revoked/Replaced 2025.01.10 DHS Publishes Federal Register Notice Extending TPS for El Salvador
September 10, 2021
Acted on by Biden Administration
November 16, 2022
Acted on by Biden Administration
June 21, 2023
Acted on by Biden Administration
December 14, 2023
Acted on by Biden Administration
June 20, 2024
Acted on by Biden Administration
January 10, 2025
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
  • WP |Federal judge says administration can’t strip TPS for Haitians, Salvadorans

    Go to article

Documents

Trump-Era Policy Documents

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