By: Angelita Chavez-Halaka
On January 8, 2018, the Secretary of Homeland Security Kirstjen M. Nielsen announced the U.S. government’s decision to terminate the TPS designation for El Salvador. The TPS program for El Salvador will be officially terminated on Sept 9, 2019 (in 18 months). Reregistration period is now open.
TPS is a temporary form of relief for individuals from certain countries designated by the Department of Homeland Security (DHS) during times of extraordinary and temporary conditions such as armed conflict or environmental disasters.
Congress gives the Attorney General (AG) the authority to provide TPS to individuals from these designated countries for 6 to 18 months. TPS provides employment authorization and temporary lawful presence for the TPS holder. TPS can be extended by DHS, and it has, for a number of different countries since 1990. Due to these extensions, many TPS holders have resided in the United States for over 15 years.
This decision follows recent decisions by DHS to end TPS for other designated countries. Previously in November 2017, DHS had announced its decision to terminate TPS for Haiti and Nicaragua.
Termination of the TPS program for Salvadorians will be delayed for 18 months before it becomes final on Sept. 9, 2019. The re-registration period for El Salvador is now open.
IMPORTANT DATES TO REMEMBER: January 18, 2018 through March 19, 2018 is EL Salvador’s Re-registration period.
TO MAINTAIN CURRENT TPS STATUS:
WHAT ARE THE ALTERNATIVE FORMS OF RELIEF AVAILABLE TO THOSE WITH EXPIRING TPS?
Barring congressional action, individuals with TPS may still be eligible for alternative forms of immigration relief.
Possible Adjustment of Status
Cancellation of Removal
Violence Against Women Act (VAWA)
Asylum & Withholding of Removal
We encourage individuals to always seek the opinion of a legal professional before they apply for any of these, or other alternative forms of immigration relief.
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Resources:
https://www.dhs.gov/news/2017/11/06/acting-secretary-elaine-duke-announcement-temporary-protected-status-nicaragua-and
AILA Doc. No. 18018061 (Dated January 8, 2018)
https://www.uscis.gov/humanitarian/temporary-protected-status
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