DHS Designates Ethiopia for TPS

On October 21, 2022, the U.S. Department of Homeland Security (“DHS”) Secretary Alejandro N. Mayorkas announced the designation of Ethiopia for temporary protected status (“TPS”) for eighteen months, beginning December 12, 2022 through June 12, 20024 to help protect Ethiopian nationals in the United States from returning to unsafe conditions ”due to conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought, and displacement.” The TPS designation has gone into effect with the publishing of the Federal Register Notice earlier this week.  Eligible individuals may submit Form I-821, Application for Temporary Protected Status along with Form I-765, Application for Employment Authorization electronically as of December 12, 2022.

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Temporary Protected Status is Extended for Thousands Amidst Court Challenges

A recently published Federal Register Notice confirmed The Department of Homeland Security (“DHS”) will continue to extend Temporary Protected Status (“TPS”) designations for nationals of Nicaragua, El Salvador, Honduras, Haiti, Sudan, and Nepal. DHS is automatically extending the validity of TPS Status and employment authorization documents for beneficiaries from the countries listed above through June 30, 2024.

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Temporary Increase of Automatic Extension Period for Certain Renewal Applicants’ Employment Authorization

United States Citizenship and Immigration Services (“USCIS”) adopted a Temporary Final Rule (“TFR”) on May 4, 2022, to increase the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants. Previously, work authorization granted to foreign nationals who had filed a timely Form I-765 application to renew certain categories of EADs was automatically extended for 180 days. The new rule will effectively increase this period to up to 540 days from the expiration date stated on the EAD. During the eighteen month period after publication of the TFR, eligible applicants with a timely-filed, pending Form I-765 renewal application will receive up to 360 days of additional automatic extension time (for a total of up to 540 days).

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Humanitarian Efforts Initiated to Aid in the Resettlement of Ukrainian Refugees

Following the Biden Administration’s recent announcement to welcome up to 100,000 Ukrainians and others fleeing the war-torn country, the Department of Homeland Security (“DHS”) introduced the Uniting for Ukraine program. The new program which became effective April 25, 2022, provides a streamlined process for displaced Ukrainian citizens to apply for humanitarian parole in the US, allowing them to live and work in the US for up to two years.

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DHS Designates Ukraine for Temporary Protected Status (TPS) for 18 Months

On March 3, 2022, the U.S. Department of Homeland Security (“DHS”) announced the designation of Ukraine for temporary protected status (“TPS”) for eighteen months. This decision comes as a result of the escalating violence and the development of a humanitarian crisis in the wake of the Russian military invasion of Ukraine. Earlier in the week, bipartisan Senators urged President Biden to designate Ukraine for TPS.

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DHS Designates Venezuela for Temporary Protected Status (TPS) for 18 Months

On March 8, 2021, the Department of Homeland Security (DHS) announced they were designating Venezuela for Temporary Protected Status (TPS) for eighteen months, effective March 9, 2021, through September 9, 2022. Secretary of Homeland Security Alejandro N. Mayorkas noted in a press release: “The living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens. It is in times of extraordinary and temporary circumstances like these that the United States steps forward to support eligible Venezuelan nationals already present here, while their home country seeks to right itself out of the current crises.”

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NY TIMES: “Haitian Men Cut Off From Families as U.S. Tightens Entry Rules”

As Hurricane Matthew, a dangerous Category 4 storm with devastating 145mph winds, hits Haiti and the Caribbean, Haitian families are also dealing with a sudden change in US entry rules that is dividing family members trying to enter the US. Late last month the US government decided to fully resume deportations of undocumented Haitian immigrants after previously allowing undocumented Haitians to enter the US and apply for temporary humanitarian parole, which was instituted in response to the devastating 2010 earthquake in Haiti. The policy change announced September 22 is a response by the Obama administration to a recent large influx of Haitian migrants who have traveled north from Brazil to Mexico to seek entry to the US at various points along the border.

Until late last month, most Haitian undocumented immigrants have been given permission to remain in the country for as long as three years under the humanitarian parole provision, immigrant advocates said. With the policy change, however, Haitians who arrive at the border without visas will be put into expedited removal proceedings. Jeh Johnson, the Secretary of Homeland Security, justified the move in a statement by noting that Haiti had “improved sufficiently to permit the U.S. government to remove Haitian nationals on a more regular basis.”

The sudden deportation policy change has separated wives from husbands and children from their fathers, stranding men in Mexico. “I’m hoping God makes miracles,” Sandra Alexandre, who was allowed into the US last month ahead of her boyfriend and gave birth three days later, tells the New York Times. Immigrant advocates in San Diego have reportedly identified more than fifty families in that city alone separated due the policy change, and are making appeals to Homeland Security officials to help reunite the families. “The bottom line is that this was not a well-conceived policy,” Andrea Guerrero, executive director of Alliance San Diego, a group helping Haitians who have crossed the border, tells the New York Times. “It seemed to have come down from one day to the next without a clear understanding of what was going on and what kind of impact it would have.”  

Part of the reason for why families are being separated is that border officials have been using an appointment system giving priority to women and children. Men, even when accompanying their partners and children, usually had to wait for later appointments in overcrowded shelters. Sandra Alexandre, for example, arrived in the border city of Mexicali with her boyfriend, Volcy Dieumercy, after a ten-week trip from Curitiba, Brazil. Because she was pregnant, Mexican and American border officials granted Alexandre an earlier appointment but denied the couple’s request that Dieumercy be processed on the same day. Alexandre entered under a three-year humanitarian parole, and soon learned that Dieumercy had been barred from entering under the new policy. If Dieumercy is not allowed into the country she is unsure of what she would do. “I haven’t thought that far ahead,” she says. “Right now, I’m only thinking positively.” Dieumercy knows that if he tries to enter the US at a port of entry, he will probably be deported to Haiti. “I need my family,” he says. “I can’t wait any longer. I’m very sad.” 

Haitian nationals currently covered by Temporary Protected Status are unaffected by this change in policy, the Department of Homeland Security says. Specifically, Haitian nationals who have been continuously residing in the US since January 12, 2011 and currently hold TPS may remain in the United States and are not subject to removal. At this time it is uncertain if a potentially devastating Hurricane Matthew would cause the US government to reverse the recent deportation policy change. We will provide updates as we receive them.

UPDATE OCTOBER 14, 2016:

US Secretary of Homeland Security Jeh Johnson announced this week at an event in Mexico City that after Hurricane Matthew ravaged Haiti, killing at least a thousand people and leaving 1.4 million in need of humanitarian assistance, it has temporarily suspended deportations. "We will have to deal with that situation, address it, be sympathetic to the plight of the people of Haiti as a result of the hurricane," Johnson said at the event. "But after that condition has been addressed, we intend to resume the policy change," he added, though he did not specify a time frame.