The Future of TPS

Jun 28, 2017

On May 22, 2017, the U.S. Department of Homeland Security (“DHS”) extended Temporary Protected Status (“TPS”) for citizens and nationals of Haiti for 6 months, rather than the standard 18 months.   As a reminder, the TPS program allows citizens and nationals of certain designated countries to remain in the United States and obtain work authorization. With this most-recent extension, Haitians with TPS will be permitted to remain in the United States and continue working until January 22, 2018.   In its announcement extending TPS for Haitians, DHS indicated that it is re-evaluating whether further extension of TPS for Haitians is appropriate, and encouraged individuals from Haiti with TPS to begin preparing for their return to Haiti in case TPS designation is not further extended.   DHS has also indicated that DHS Secretary John F. Kelly is reviewing conditions and consulting with the appropriate agencies concerning the extension of TPS for other Central American countries, like Honduras, Nicaragua, and El Salvador.   Based on the above information, it is possible that the current administration may eliminate or significantly limit continued renewal of TPS designation for many countries.   A complete list of TPS countries and the current expiration dates for each country can be found here.   Employers should closely monitor whether these designations are extended beyond the current expiration dates with the understanding that some may not be further extended.