TPS Holders From Nepal Need Not Leave U.S. in June 2019

TPS for Nepalese will not end in June 2019; no new deadline has yet been set.

** LEGAL UPDATE **

The clock has been ticking for Nepalese holders of Temporary Protected Status (TPS), ever since Secretary of Homeland Security Kirstjen Nielsen announced last year (2018) that Nepal would no longer be designated for TPS. Nepalese TPS holders were expected to depart the United States by June 24, 2019, mere weeks from now.

That deadline no longer applies, however. According to widespread reports, the Trump administration has agreed to halt the termination of Nepalese TPS, at least for now.

The reason is primarily a class-action lawsuit called Bhattarai v. Nielsen, which was filed by the ACLU and other immigrant rights organizations and advocates. The suit alleged that the DHS decision to end TPS for Nepal (as well as for Honduras) was:

  • made without following required administrative procedures and instead on political grounds
  • based on racially discriminatory intent and thus was unconstitutional, and
  • violates not only the TPS holders' constitutional due process rights against arbitrary government invasion of personal liberty, but the due process rights of their school-aged U.S.-citizen children, whom the decision forced to make an "intolerable choice: either leave this country or be forced to live without their parents."

A similar lawsuit, Ramos v. Nielsen, was also filed in 2018, and alleged basically the same things as the Bhattarai case with respect to TPS holders from El Salvador, Haiti, Nicaragua, and Sudan. The court in that case issued a preliminary injunction saying that the U.S. government must maintain(TPS) for immigrants from those four countries until the court could make its final decision on whether these TPS terminations were valid.

By agreeing to hold off on terminating TPS for Nepal, the Trump administration is basically assenting to have all its recent TPS terminations treated in one group, while we await the decisions of the various federal judges.

If you have TPS from Nepal, keep on eye on the news for any announcements about a new termination date. As DHS often does, it issued an announcement automatically extending the work permits of TPS holders from Nepal, in this case to March 24, 2020.

Also keep an eye out for announcements with regard to U.S. Congressional action. House Democrats recently introduced legislation that would provide a path to citizenship for Dreamers (undocumented immigrants brought to the U.S. as children) as well as TPS holders, though whether this will ever be approved depends on political will.

Effective Date: March 12, 2019