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1 1 (January 12, 2021)

handle is hein.crs/govebvb0001 and id is 1 raw text is: Congressional ______ *aResearch Service Ninth Circuit Decision Allows Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward Updated January 12, 2021 Certain non-U.S. nationals (aliens) who otherwise might be subject to removal from the United States may stay and work here when the Department of Homeland Security (DHS) designates their countries for Temporary Protected Status (TPS) because of unstable or dangerous conditions in those countries. In 2017 and 2018, DHS announced the termination of TPS designations for Sudan, Nicaragua, Haiti, El Salvador, Nepal, and Honduras. The agency's decisions affect more than 400,000 TPS beneficiaries from those six countries who may no longer be authorized to remain in the United States upon the effective termination date of the countries' TPS designations. Several lawsuits have challenged DHS's decisions on various constitutional and statutory grounds. Recently, in Ramos v Wolf, the U.S. Court of Appeals for the Ninth Circuit reversed a lower court's preliminary injunction enjoining DHS from ending the TPS designations for four of those countries-Sudan, Nicaragua, Haiti, and El Salvador. A separate challenge to the termination of the TPS designations for Honduras and Nepal remains pending in federal district court. The Ninth Circuit decision does not affect a separate injunction by a court outside the Ninth Circuit barring the termination of the TPS designation for Haiti. This Legal Sidebar examines the Ninth Circuit's decision and the implications that decision may have for TPS recipients. Background Under O 244 of the Immigration and Nationality Act (INA), DHS in consultation with the State Department may designate a country for TPS if (1) there is an armed conflict that prevents the safe return of nationals from that country; (2) there has been an environmental disaster in the country that substantially disrupts living conditions in the area affected; or (3) there are extraordinary and temporary conditions in the foreign country that prevent alien nationals from safely returning. An alien from a country designated for TPS may be permitted to remain and work in the United States for the period in which the TPS designation is in effect, even if the alien had not originally entered the United States lawfully. The initial period of TPS designation may last between 6 and 18 months, and the designation may be extended thereafter. But if the DHS Secretary concludes that the designated country no longer continues to meet the conditions for [TPS] designation, the agency shall terminate the TPS Congressional Research Service https://crsreports.congress.gov LSB10541 CRS Legal Sidebar Prepared for Members and Committees of Congress