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DHS terminates TPS for Nepal

  1. Original Date Announced

    April 26, 2018

    DHS Secretary terminates TPS for Nepal but delays expiration until June 24, 2019, to allow for an orderly transition. The Secretary bases her termination decision on a finding that the disruption of living conditions that resulted from a 2015 earthquake have decreased and are no longer substantial. [ID#15]

    DHS News Release: Termination of the Designation of Nepal for Temporary Protected Status
  2. Effective Date

    June 24, 2019
  3. Subsequent Trump and Court Action(s)

    • May 10, 2019

      Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Nepal and Honduras

      Pursuant to an order to stay proceedings in Bhattarai v. Nielsen, No. 19–cv–00731, pending resolution of related claims being litigated before the Ninth Circuit Court of Appeals in Ramos v. Nielsen, No. 18–16981, DHS published a notice that it will not implement or enforce the decision to terminate Temporary Protected Status (TPS) for Honduras or Nepal. Beneficiaries under the TPS designations for Nepal and Honduras will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility. DHS is extending the validity of TPS-related documentation for Nepalese beneficiaries through March 24, 2020. The TPS designation for Honduras, signed by Acting Secretary McAleenan, remains in effect through January 5, 2020.

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

      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 the preliminary injunctions issued in Ramos v. Nielsen and Saget v. Trump and the order to stay proceedings in Bhattarai v. Nielsen, DHS announced the continuation of documentation for beneficiaries of Temporary Protected Status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. The Federal Register notice was signed by Acting Secretary McAleenan. TPS-related documentation will remain in effect through January 4, 2021.

      View Document
    • September 14, 2020

      Ninth Circuit Ramos Decision

      In Bhattarai v. Nielsen, affected foreign nationals challenged DHS’s termination of TPS designations for Nepal and Honduras. The Bhattarai case has been stayed pending resolution of the Ramos v. Nielsen appeal at the Ninth Circuit. On September 14, 2020, the Ninth Circuit lifted the injunction in that case. Although the Ninth Circuit vacated the injunction in Ramos on Sept. 14, 2020, the appellate court has not issued its directive to the district court to make that ruling effective, and the injunction remains in place. The terminations of TPS for Nepal and Honduras will not take effect while the Ramos injunction is in place, as it presents similar issues to those presented in Bhattarai.

      **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 publishes notice in the Federal Register that it "is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal" through October 4, 2021. The extension is granted in light of ongoing litigation in Ramos, Bhattarai, and Saget.

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

      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.

      Because the court-ordered stay of proceedings in Bhattarai is tied to the outcome of the appeal of the preliminary injunction in Ramos, the en banc court's vacatur of the panel decision vacating the Ramos preliminary injunction preserves the status quo for Honduran and Nepalese TPS holders protected by the Bhattarai stay.

      **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: Delayed

    September 10, 2021

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

    On September 10, 2021, DHS published notice for a fifteen-month extension of Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan until December 31, 2022 while the preliminary injunction in Ramos and the Bhattarai orders remain in effect. Extensions were previously set to expire on October 4, 2021.

    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 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
  7. Biden Administration Action: Revoked/Replaced

    June 21, 2023

    Reconsideration and Rescission of Termination of the Designation of Nepal for Temporary Protected Status; Extension of the Temporary Protected Status Designation for Nepal

    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 Nepal for TPS. The rescission was effective June 9, 2023, and the new 18-month extension of TPS for Honduras begins on December 25, 2023, and will remain in effect through June 24, 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 Nepal's current TPS designation extension, until June 24, 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

Current Status

Not in effect

Most Recent Action

June 20, 2024 Action: Other 2024.06.27 USCIS Extends Employment Authorization Documents under Temporary Protected Status Designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan
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

Original Trump Policy Status

Trump Administration Actions: Agency Directive Program Termination
Subject Matter: TPS
Agencies Affected: USCIS

Associated or Derivative Policies

Pre Trump-Era Policies

Documents

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