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Termination of Temporary Protected Status (TPS) for Honduras

WASHINGTON — The Secretary of Homeland Security Kirstjen M. Nielsen has determined that termination of the Temporary Protected Status (TPS) designation for Honduras is required pursuant to the Immigration and Nationality Act. To allow for an orderly transition, she has determined to delay the effective date of the termination for 18 months. The designation will terminate on January 5, 2020.

The decision to terminate TPS for Honduras was made after a review of the environmental disaster-related conditions upon which the country’s original 1999 TPS designation was based and an assessment of whether those originating conditions continue to exist, as required by statute. Based on careful consideration of available information, including recommendations received as part of an inter-agency consultation process, the Secretary determined that the disruption of living conditions in Honduras from Hurricane Mitch that served as the basis for its TPS designation has decreased to a degree that it should no longer be regarded as substantial. Thus, as required under the applicable statute, the current TPS designation must be terminated.

Since 1999, conditions in Honduras that resulted from the hurricane have notably improved. Additionally, since the last review of the country’s conditions in October 2016, Honduras has made substantial progress in post-hurricane recovery and reconstruction from the 1998 Hurricane Mitch.

To allow for an orderly transition, the effective date of the termination of TPS for Honduras will be delayed 18 months to provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. Honduran citizens in the United States who benefited from TPS may still receive other protections under our immigration system for which they are eligible.

The 18-month delayed effective date will also provide time for Honduras to prepare for the return and reintegration of its citizens. During this timeframe, DHS will work with the Department of State and the Government of Honduras to help educate relevant stakeholders and facilitate an orderly transition. In addition to materials posted online, DHS components will participate in outreach activities such as teleconferences, town halls, and roundtables to ensure that affected populations have a full and accurate understanding of their rights and obligations.

Honduran citizens with current TPS registrations will be required to re-register for TPS and apply for Employment Authorization Documents in order to legally work in the United States until the termination of Honduras’ TPS designation becomes effective January 5, 2020. Further details about this termination for TPS, including the re-registration period, will appear in a Federal Register notice. Honduran TPS beneficiaries should not submit re-registration applications until the re-registration period is announced through the Federal Register notice.

Rescission Of Deferred Action For Childhood Arrivals (DACA)

From the U.S. Department of Homeland Security: 

Release Date: 

September 5, 2017

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

En español

WASHINGTON – Today, the Department of Homeland Security (DHS) initiated the orderly wind down of the program known as Deferred Action for Childhood Arrivals (DACA).

“This Administration’s decision to terminate DACA was not taken lightly. The Department of Justice has carefully evaluated the program’s Constitutionality and determined it conflicts with our existing immigration laws,” said Acting Secretary Elaine Duke. “As a result of recent litigation, we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately. We chose the least disruptive option.”

On June 29, the attorneys general of Texas and several other states sent a letter to U.S. Attorney General Jeff Sessions asserting that the DACA program is unlawful for the same reasons stated in the Fifth Circuit and district court opinions regarding an expansion of the DACA program and the now-rescinded program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The letter noted that if DHS did not rescind the June 2012 DACA memo by September 5, 2017, the states would seek to amend the DAPA lawsuit to include a challenge to DACA.

Yesterday, Attorney General Sessions sent a letter to Acting Secretary Duke articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress' repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.” The letter further stated that because DACA “has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.” Nevertheless, in light of the administrative complexities associated with ending the program, he recommended that the Department wind down the program in an efficient and orderly fashion, and his office has reviewed the terms on which the Department will do so.

Based on guidance from Attorney General Sessions, Acting Secretary Elaine Duke today issued a memo formally rescinding the June 15, 2012 memorandum that created DACA, and initiating an orderly wind down of the program. This process will limit disruption to current DACA beneficiaries while providing time for Congress to seek a legislative solution. The details are contained in Acting Secretary Duke’s September 5 memorandum, and in our Frequently Asked Questions.

Supreme Court Issues Disappointing Split Decision in United States v. Texas

DAPA ImageThusday, Jun 23, 2016

Washington D.C. – Today, the Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).  This means that the Fifth Circuit’s decision upholding the preliminary injunction against these initiatives will stand. This ruling does not impact the original DACA program launched in 2012. The decision is a huge disappointment for immigrant families and their defenders. It’s bad for American communities, workers and the economy. We will continue to explore all available legal avenues and will urge the government to do the same. Ultimately the nation needs a permanent solution to our outdated immigration system, and that must come from Congress. The fight will continue. 

Original Story: http://www.americanimmigrationcouncil.org/newsroom/release/supreme-court-issues-disappointing-split-decision-united-states-v-texas

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