DHS Secretary Extends TPS for Hondurans and Nicaraguans Another 18 Months and Automatically Extends Their Work Authorization

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

DHS SECRETARY EXTENDS TPS FOR HONDURANS AND NICARAGUANS ANOTHER 18 MONTHS AND AUTOMATICALLY EXTENDS THEIR WORK AUTHORIZATION
Immigrants' Rights Update, Vol. 17, No. 3, June 3, 2003

The secretary of Homeland Security has published notices in the Federal Register extending the designation of Honduras and Nicaragua as countries whose nationals and residents currently in the United States qualify for temporary protected status (TPS). The designations, which had been due to expire on July 5, 2003, will be in effect until Jan. 5, 2005. The notices also automatically extend the validity of employment authorization documents (EADs) issued under the Honduran and Nicaraguan TPS program until Dec. 5, 2003.

TPS is granted to persons from countries that are designated by the attorney general as experiencing armed conflict, environmental disaster, or certain other conditions that prevent those persons from returning. TPS allows individuals to remain and work in the U.S. during the period of TPS designation. The attorney general first made the current TPS designations for Honduras and Nicaragua in Jan. 1999, in the wake of the devastation caused by Hurricane Mitch. The authority to make this designation was transferred to the secretary of Homeland Security as part of the legislation creating that department, and the secretary has now decided to extend the designations for Honduras and Nicaragua for a further eighteen months. The current notices regarding the extension state that "[a]lthough there has been significant progress in reconstruction efforts, recent droughts as well as flooding from Hurricane Michelle in 2001 have added to the humanitarian, economic, and social problems initially brought on by Hurricane Mitch in 1998."

To register for the extension, nationals of Honduras and Nicaragua (and individuals of no nationality who last habitually resided in those countries) previously granted TPS must apply for it during the registration period that began on May 5, 2003, and ends on July 7, 2003. Such persons need only file Form I-821, Application for Temporary Protected Status (without the filing fee), Form I-765, Application for Employment Authorization, and two identification photographs (1½" x 1½"). Applicants who seek work authorization under the extension must submit the $120 filing fee or a fee waiver request with the Form I-765; those who do not need work authorization must still submit Form I-765, but without the fee. Applicants who previously registered for TPS and were fingerprinted do not need to be refingerprinted and do not need to submit the $50 fingerprinting fee. Prior registrants who were not previously fingerprinted because they were under 14 years of age but who now must be fingerprinted also must pay this fee.

Late initial registration is also available under the extension. In order to apply, an applicant must:

be a national of Honduras or Nicaragua (or a person with no nationality who last habitually resided in either of those two countries);
have been continuously physically present in the U.S. since Jan. 5, 1999;
have continuously resided in the U.S. since Dec. 30, 1998; and
be admissible as an immigrant, except as otherwise provided under Immigration and Nationality Act sec. 244(c)(2)(A), and not ineligible under INA sec. 244(c)(2)(B).

Each applicant for late initial registration must also be able to show that, during the registration period beginning Jan. 5, 1999, and ending Aug. 20, 1999, he or she:

was a nonimmigrant or had been granted voluntary departure status or any relief from removal;
had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal pending or subject to further review or appeal;
was a parolee or had a request for reparole pending; or
was the spouse or child of an individual currently eligible to be a TPS registrant.

The notices also announce the automatic extension of the employment authorization documents of Hondurans and Nicaraguans who received EADs under the TPS program. The reason for this extension is that because of the large number of individuals eligible for the extension, many reregistrants will not receive new EADs until after their current ones have expired. The extension applies to Hondurans and Nicaraguans who currently hold EADs that expire on July 5, 2003, and have the notation "A-12" or "C-19" (under "Category," for Form I-766 EADs) or "274a.12(a)(12)" or "274a.12(c)(19)" (under "Provision of Law," for Form I-688B EADs). Such cards are automatically valid now until Dec. 5, 2003. However, the individuals who benefit from this extension still must reregister for TPS by July 7, 2003, in order to have employment authorization throughout the extended TPS period.

68 Fed. Reg. 23744-47 (May 5, 2003) (Honduran TPS extension);
68 Fed. Reg. 23748-51 (May 5, 2002) (Nicaraguan TPS extension).