Subsequent Trump-Era 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the TPS designations for Nepal and Honduras will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility.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.**

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• 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.

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• 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.

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• 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.**

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• 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.

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