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Original Date Announced
October 11, 2017DHS Secretary terminates TPS for Sudan but delays expiration for 12 months, until November 2, 2018, to allow for an orderly transition. The Secretary bases her termination decision on a finding that conditions in Sudan have sufficiently improved such that TPS is no longer warranted.
[ID#20]
Federal Register Notice: Termination of the Designation of Sudan for Temporary Protected StatusEffective Date
November 2, 2018Subsequent Trump-Era and Court Action(s)
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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.
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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for El Salvador, Haiti, Nicaragua, and Sudan will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility.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.
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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 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for El Salvador, Haiti, Nicaragua, and Sudan will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility.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.
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September 14, 2020
Ninth Circuit Ramos Decision
On September 14, 2020, the Ninth Circuit overturned the 2018 district court injunction which had temporarily blocked the Trump Administration's plans to terminate TPS for several countries, including Sudan. However, because the appellate court has not issued its directive to the district court to make that ruling effective, the injunction remains in place. Ramos v. Nielsen (N.D. Cal. Case No. 3:18-cv-01554); (Ninth Cir. Case No. 18-16981).
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
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 Sudan will retain their TPS while the preliminary injunction in Ramos and the Bhattarai order 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.
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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.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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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.**
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August 2, 2023
2023.08.02 - Bhattarai Order Consolidating Case with Ramos
On August 2, 2023, Judge Edward M. 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.**
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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.**
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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.**
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Biden Administration Action: Delayed
September 10, 2021Continuation 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 DocumentBiden Administration Action: Revoked/Replaced
March 2, 2022Designation of Sudan for Temporary Protected Status
This Biden administration policy replaces the Trump-era policy identified in this entry.
On March 3, 2022, DHS designated Sudan and redesignated and extended South Sudan for Temporary Protected Status (TPS). Individuals from Sudan and South Sudan who have been continuously present in the United States since March 1, 2022, are eligible under these designations. The designations were made for 18 months.
As to Sudanese individuals who were granted TPS status pursuant to the previous TPS designation identified in this entry, USCIS guidance states, "[e]xisting TPS Sudan beneficiaries retain their TPS and TPS-related documents through December 31, 2022, and DHS will continue to extend the benefit and documents, as required by court order. However, these beneficiaries are also strongly encouraged to register under the new designation of Sudan to receive TPS benefits for the full 18-month period."
View DocumentBiden Administration Action: Delayed
November 16, 2022Continuation 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 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 DocumentBiden Administration Action: Modified
August 21, 20232023.08.21 Extension and Redesignation of Sudan for Temporary Protected Status
This Biden administration policy builds on the previous Biden administration action that effectively replaced the Trump-era policy identified in this entry by issuing a new designation of Sudan for Temporary Protected Status (TPS).
On August 21, 2023, DHS issued a notice extending and redesignating Sudan for TPS for an 18-month period, beginning on October 20, 2023, and ending on April 19, 2025. Existing TPS beneficiaries who wish to extend their status must re-register during a 60-day re-registration period that begins on August 21, 2023, and ends on October 20, 2023. The redesignation of Sudan allows Sudanese nationals who have been continuously residing in the U.S. since August 16, 2023, to apply for TPS for the first time from August 21, 2023, until April 19, 2025.
Although the Federal Register Notice does not say this, because the federal government is continuing to comply with the district court injunction in Ramos, Sudanese nationals whose grants of TPS have been automatically extended due to that court order technically do not need to re-register in order to maintain their protections while such an order remains in place. However, registering under the new redesignation will allow them to retain protections regardless of the outcome of that suit.
View DocumentBiden Administration Action: Other
December 14, 2023Extension 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 Sudan's current TPS designation extension, until April 19, 2025.
View DocumentBiden Administration Action: Other
June 20, 20242024.06.27 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 DocumentCurrent Status
Not in effectMost 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 SudanSeptember 10, 2021Acted on by Biden Administration
March 2, 2022Acted on by Biden Administration
November 16, 2022Acted on by Biden Administration
August 21, 2023Acted on by Biden Administration
December 14, 2023Acted on by Biden Administration
June 20, 2024Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Actions: Agency Directive Program TerminationSubject Matter: TPSAgencies Affected: USCISAssociated or Derivative Policies
- November 6, 2017 DHS terminates TPS for Nicaragua
- January 18, 2018 DHS terminates TPS for El Salvador
- January 18, 2018 DHS terminates TPS for Haiti
- April 26, 2018 DHS terminates TPS for Nepal
Pre Trump-Era Policies
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January 25, 2016
On January 25, 2016, the Obama administration extended the TPS designation of Sudan for 18 months, from May 3, 2016 through November 2, 2017, determining that an extension was warranted because the conditions in Sudan that prompted the 2013 TPS re-designation continued to be met.
2016.01.25 Extension of the TPS Designation of Sudan
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
Extension of the Designation of Sudan for Temporary Protected Status
- Subsequent Action
- Subsequent Action
- Subsequent Action
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Subsequent Action
- Subsequent Action
- Subsequent Action
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Subsequent Action
Original Source:
Order Granting DHS Motion to Voluntarily Dismiss Appeal
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Subsequent Action
- Subsequent Action
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Subsequent Action
Original Source:
Judgment in Ramos v. Nielsen, dated February 27, 2024
Commentary
U.S. District Court grants preliminary injunction, stopping TPS revocation
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