Statement from Commissioner Mostofi

We are deeply disturbed by the court’s decision, which allows the termination of TPS for El Salvador, Nicaragua, and Sudan to move forward, and opens the path for termination of Nepal and Honduras TPS. It is unconscionable to throw the lives of almost 350,000 people and their families into turmoil when they contribute so much to our country. Many of these long-standing members of our communities are essential workers serving on the frontlines of the COVID-19 pandemic. TPS holders and their loved ones desperately need a real solution that allows them to live free from constant uncertainty and fear of family separation. We urge the Senate to pass the American Dream and Promise Act to give TPS recipients and Dreamers a pathway to citizenship. To the approximately 15,000 TPS recipients in New York City: please know that these terminations do not take effect immediately, and help is available. Call the ActionNYC hotline at 800-354-0365 for connections to City-funded, free and safe immigration legal help.

It is important to know:
In 2017 and 2018, the Trump administration ended TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Those terminations were blocked by courts. However, on September 14, 2020, a federal appeals court issued a decision that allows terminations of TPS for those countries to move forward.

However, termination of TPS is not immediate. TPS recipients from El Salvador continue to have TPS for at least one year, meaning TPS for Salvadorians will be valid until at least November 5, 2021. TPS recipients from Honduras, Nepal, Nicaragua, and Sudan continue to have TPS for at least an additional six months, meaning TPS for these countries will be valid until at least March 5, 2021. Haitian TPS recipients continue to have TPS status under a separate court order.

Due to the ongoing legal challenges, on November 2019, USCIS automatically extended the validity of TPS documents for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan through January 4, 2021. Thus, TPS recipients may need to renew their work authorization and documents by January 4, 2021. TPS recipients should continue to check the USCIS website to monitor for any further extension announcements and reach out to a trusted legal representative with any questions about the need to renew their work authorization and documents.
The litigation is not over. In fact, the lawyers representing TPS recipients have stated that they will request a full appeals court review of this decision. Please check this page for the latest information on TPS. For more information on the ongoing lawsuits, visit USCIS’s webpages on Ramos v. Nielsenand Bhattarai v. Nielsen.

What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) allows individuals from certain countries to remain in the United States if it is unsafe for them to return to their home country due to a humanitarian emergency there. For example, the federal government may designate a country for TPS if there is an armed conflict (e.g., civil war) or a natural disaster (e.g., earthquake). TPS enables recipients to work in the United States lawfully and protects them from deportation as long as the TPS designation is in effect.
In order to receive TPS, applicants must prove that they have lived continuously in the United States since a date specified by the federal government. Countries' TPS designations come up for renewal at 6 to 18-month intervals, at which point the federal government again makes a determination about whether a given country can absorb its returning nationals safely.

Recipients must re-register for TPS if a TPS designation is extended, or in some cases ended. Visit the USCIS website for additional information about TPS.
TPS Designated Countries:

  • El Salvador USCIS automatically extended TPS documents through January 4, 2021. On September 14, 2020, the 9th Circuit Court of Appeals issued a decision that allows termination of TPS for El Salvador to move forward. However, the termination does not take effect immediately and Salvadorians will continue to have TPS for at least one year from when the Ramos decision officially takes effect, November 5, 2021.
  • HaitiUSCIS automatically extended TPS documents through January 4, 2021. The TPS designation for Haiti remains in effect pending further court order.
  • Honduras USCIS automatically extended TPS documents through January 4, 2021. On September 14, 2020, the 9th Circuit Court of Appeals issued a decision that would allow termination of TPS for Honduras to move forward. However, the termination does not take effect immediately and Hondurans will continue to have TPS for at least six months from when the Bhattarai decision officially takes effect, March 5, 2021.
  • Nepal USCIS automatically extended TPS documents through January 4, 2021. On September 14, 2020, the 9th Circuit Court of Appeals issued a decision that would allow termination of TPS for Nepal to move forward. However, the termination does not take effect immediately and Nepalis will continue to have TPS for at least six months from when the Bhattarai decision officially takes effect, March 5, 2021.
  • Nicaragua USCIS automatically extended TPS documents through January 4, 2021. On September 14, 2020, the 9th Circuit Court of Appeals issued a decision that allows termination of TPS for Nicaragua to move forward. However, the termination does not take effect immediately and Nicaraguans will continue to have TPS for at least six months from when the Ramos decision officially takes effect, March 5, 2021.
  • SomaliaTPS extended through September 17, 2021.
  • Sudan USCIS automatically extended TPS documents through January 4, 2021. On September 14, 2020, the 9th Circuit Court of Appeals issued a decision that allows termination of TPS for Sudan to move forward. However, the termination does not take effect immediately and Sudanese TPS recipients will continue to have TPS for at least six months from when the Ramos decision officially takes effect, March 5, 2021.
  • Syria TPS extended through March 31, 2021.
  • Yemen TPS extended through September 3, 2021.

Frequently Asked Questions
Is the Temporary Protected Status program ending?
The TPS program is still in effect. However, the Trump Administration has sought to end TPS for some countries. This means some TPS recipients may lose lawful status and their ability to work lawfully and may become at risk of being deported.
Each country has a different expiration date for TPS. The federal government is required to announce a determination at least 60 days before the expiration date of TPS for a given country.
By law, decisions on TPS designations must be made on a country-by-country basis. It is important for you to track when your TPS is set to expire. If you currently have TPS, you will have lawful status and work authorization until the date on which your TPS expires.

Where can I find out more about changes to TPS?
You should continue to check the USCIS website for additional information about TPS and any changes to TPS.

I'm worried that the federal government might not extend my TPS. What should I do?
Now is the time to look into what your legal options might be. You may be eligible for other forms of immigration relief. It is very important for you to get a legal consultation with a trusted legal services provider. Free legal help is available.

  • ActionNYC can provide free, safe immigration legal help in your community and in your language. You can call ActionNYC at 800-354-0365 between 9am-6pm, on Monday through Friday, to make an appointment.
  • Visit the USCIS website for the most specific information about when your TPS is currently set to expire and what you may need to do to renew it.

How can I avoid fraud while I am seeking immigration legal help?
Beware of unlicensed immigration service providers who take advantage of their customers. Get help only from a trusted, licensed attorney or an accredited representative. Only lawyers or those who have gotten permission from the Department of Justice can give legal advice. For questions about this, or to report fraud, call the New York State New Americans Hotline at 1-800-566-7636 between 9am-8pm, on Monday through Friday, or call 311.

If I lose TPS, will I still have access to City services?
Yes. Most services provided by the City are available to all New Yorkers regardless of immigration status, including:

Fact Sheet: Temporary Protected Status (TPS) Recipients in New York City

Additional Resources for TPS Recipients

Get connected to free, confidential legal help.
The City provides free, confidential immigrant legal services. Call ActionNYC at 800-354-0365 to make an appointment with a provider in your community and in your language.

If you're feeling anxious, stressed or depressed – help is available.
It’s normal to feel anxiety and stress. ThriveNYC will give you access to mental health supports in your language. Call 1-888-NYC-WELL, text “WELL” to 65173, or visit nyc.gov/nycwell.

Stay connected – get an IDNYC.
IDNYC is a free, official government-issued identification card recognized in City buildings, public schools and by the NYPD. Call 311 and say "IDNYC" or visit nyc.gov/idnyc to make an appointment.

How can I get involved?
Volunteer with the Mayor's Office of Immigrant Affairs. Visit nyc.gov/MOIAVolunteer or call 212-788-7654 during business hours, Monday-Friday, 9 am-5 pm.
Inform & Engage: Invite the Mayor's Office of Immigrant Affairs to your community for a "Know Your Rights Forum." Visit nyc.gov/InviteMOIA or call 212-788-7654 during business hours, Monday - Friday, 9am - 5pm.