Immigration Alert: DHS Terminates Temporary Protected Status for Nicaraguans

Acting Secretary of the Department of Homeland Security (DHS) Elaine Duke has announced the termination of the Temporary Protected Status (TPS) designation for Nicaragua.  Secretary Duke delayed the termination for 12 months to allow those in the United States under TPS to seek and apply for alternative lawful immigration status or, if no alternative exists, for departure to Nicaragua. 

TPS is a form of temporary status allowing individuals from certain countries to lawfully remain in the United States, when conditions in the designated country prevent citizens and nationals from safely returning, or when the country is unable to securely facilitate and handle their return.  Country conditions that lead to TPS designation include an ongoing armed conflict or an environmental disaster.

TPS for Nicaraguans terminates effective January 5, 2019.  Any Nicaraguans who are currently TPS beneficiaries with expiration dates prior to January 5, 2019, must take the necessary steps to extend until the date of termination.  Also, employers must be on alert to prevent the unauthorized employment of Nicaraguans with TPS after January 5, 2019.

Norris McLaughlin & Marcus’ Immigration Practice Group urges Nicaraguan TPS holders to immediately consult with immigration counsel to determine whether a TPS extension application should be lodged and to evaluate what alternative lawful immigration status may be available.

Do Not Wait Until the Last Day.  Act Now. You can email me at rglahoud@nmmlaw.com.

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