Reconsideration and Rescission of Termination of the Designation of El Salvador for Temporary Protected Status; Extension of the Temporary Protected Status Designation for El Salvador, 40282-40294 [2023-13018]
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
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including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Revision of a Currently Approved
Collection.
(2) Title of the Form/Collection:
Application for Citizenship and
Issuance of Certificate Under Section
322.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: N–600K;
USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Form N–600K is used by
children who regularly reside in a
foreign country to claim U.S. citizenship
based on eligibility criteria met by their
U.S. citizen parent(s) or grandparent(s).
The form may be used by both
biological and adopted children under
age 18. USCIS uses information
collected on this form to determine that
the child has met all of the eligibility
requirements for naturalization under
section 322 of the Immigration and
Nationality Act (INA). If determined
eligible, USCIS will naturalize and issue
the child a Certificate of Citizenship
before the child reaches age 18.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection N–600K (Paper filed) is 2,187
and the estimated hour burden per
response is 1.71 hours; the estimated
total number of respondents for the
information collection N–600K (online
filing) is 2,860 and the estimated hour
burden per response is 1.14 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 7,003 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $649,801.
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Dated: June 14, 2023.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2023–13110 Filed 6–20–23; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2732–22; DHS Docket No. USCIS–
2008–0034]
RIN 1615–ZB71
Reconsideration and Rescission of
Termination of the Designation of El
Salvador for Temporary Protected
Status; Extension of the Temporary
Protected Status Designation for El
Salvador
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice of Reconsideration and
Rescission of Termination of the
Designation of El Salvador for
Temporary Protected Status (TPS) and
Notice of Extension of TPS Designation
for El Salvador.
AGENCY:
Through this notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
rescinding the previous termination of
the designation of El Salvador for TPS,
which was published on January 18,
2018 and extending the designation of
El Salvador for Temporary Protected
Status (TPS) for 18 months, beginning
on September 10, 2023, and ending on
March 9, 2025. This extension allows
existing TPS beneficiaries to retain TPS
through March 9, 2025, so long as they
otherwise continue to meet the
eligibility requirements for TPS.
Existing TPS beneficiaries who wish to
extend their status through March 9,
2025, must re-register during the 60-day
re-registration period as described in
this notice.
DATES: The Rescission of Termination of
the Designation of El Salvador for TPS
took effect June 9, 2023.
Extension of Designation of El
Salvador for TPS: The 18-month
extension of TPS for El Salvador begins
on September 10, 2023, and will remain
in effect through March 9, 2025. The
extension impacts existing beneficiaries
of TPS under the designation of El
Salvador.
SUMMARY:
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Re-registration: The 60-day reregistration period for existing
beneficiaries runs from July 12, 2023
through September 10, 2023.
FOR FURTHER INFORMATION CONTACT:
• You may contact Rena´ CutlipMason, Chief, Humanitarian Affairs
Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, by mail at 5900 Capital
Gateway Drive, Camp Springs, MD
20746, or by phone at 800–375–5283.
• For further information on TPS,
including guidance on the registration
process and additional information on
eligibility, please visit the USCIS TPS
web page at https://www.uscis.gov/tps.
You can find specific information about
El Salvador’s TPS designation by
selecting ‘‘El Salvador’’ from the menu
on the left side of the TPS web page.
• If you have additional questions
about TPS, please visit uscis.gov/tools.
Our online virtual assistant, Emma, can
answer many of your questions and
point you to additional information on
our website. If you are unable to find
your answers there, you may also call
our USCIS Contact Center at 800–375–
5283 (TTY 800–767–1833).
• Applicants seeking information
about the status of their individual cases
may check Case Status Online, available
on the USCIS website at uscis.gov, or
visit the USCIS Contact Center at
https://www.uscis.gov/contactcenter.
• Further information will also be
available at local USCIS offices upon
publication of this notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA—Board of Immigration Appeals
CFR—Code of Federal Regulations
DHS—U.S. Department of Homeland
Security
DOS—U.S. Department of State
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
Form I–131—Application for Travel
Document
Form I–765—Application for Employment
Authorization
Form I–797—Notice of Action
Form I–821—Application for Temporary
Protected Status
Form I–9—Employment Eligibility
Verification
Form I–912—Request for Fee Waiver
Form I–94—Arrival/Departure Record
FR—Federal Register
Government—U.S. Government
IER—U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee Rights
Section
IJ—Immigration Judge
INA—Immigration and Nationality Act
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
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TPS—Temporary Protected Status
TTY—Text Telephone
USCIS—U.S. Citizenship and Immigration
Services
U.S.C.—United States Code
239,000 beneficiaries under El
Salvador’s TPS designation who may be
eligible to continue their TPS under the
extension announced in this Notice.
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Purpose of This Action (TPS)
Through this notice, DHS announces
the reconsideration and rescission of the
termination of the designation of El
Salvador for TPS and the Secretary’s
decision to extend the TPS designation
for 18 months from September 10, 2023
through March 9, 2025. This notice also
sets forth procedures necessary for
nationals of El Salvador (or individuals
having no nationality who last
habitually resided in El Salvador) to reregister for TPS and to apply for renewal
of their EADs with USCIS.
Re-registration is limited to
individuals who have previously
registered or re-registered for TPS under
El Salvador’s designation, whose
applications were granted, and whose
TPS has not been withdrawn for
individual ineligibility for the benefit.
Failure to re-register properly within the
60-day re-registration period may result
in the withdrawal of your TPS following
appropriate procedures. See 8 CFR
244.14.
For individuals who have already
been granted TPS under El Salvador’s
designation, the 60-day re-registration
period runs from July 12, 2023 through
September 10, 2023. USCIS will issue
new EADs with a March 9, 2025
expiration date to eligible Salvadoran
TPS beneficiaries who timely re-register
and apply for EADs.
Individuals who have an El Salvador
TPS application (Form I–821) and
Application for Employment
Authorization (Form I–765) that were
still pending as of June 21, 2023 do not
need to file either application again. If
USCIS approves an individual’s
pending Form I–821, USCIS will grant
the individual TPS through March 9,
2025. Similarly, if USCIS approves a
pending TPS-related Form I–765 filed in
connection with a Form I–821, USCIS
will issue the individual a new EAD
that will be valid through the same date.
If you have TPS and only a pending
Form I–765, you must file the Form I–
821 to re-register for TPS or risk having
your TPS withdrawn for failure to
timely re-register without good cause.
There are currently approximately
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What is Temporary Protected Status
(TPS)?
• TPS is a temporary immigration
status granted to eligible nationals of a
foreign state designated for TPS under
the INA, or to eligible individuals
without nationality who last habitually
resided in the designated foreign state
before arrival in the United States,
regardless of their country of birth.
• During the TPS designation period,
TPS beneficiaries are eligible to remain
in the United States, may not be
removed, and are authorized to obtain
EADs so long as they continue to meet
the requirements of TPS.
• TPS beneficiaries may also apply
for and be granted travel authorization
as a matter of DHS discretion.
• To qualify for TPS, beneficiaries
must meet the eligibility standards at
INA section 244(c)(1)–(2), 8 U.S.C.
1254a(c)(1)–(2).
• When the Secretary terminates a
foreign state’s TPS designation,
beneficiaries return to one of the
following:
Æ The same immigration status or
category that they maintained before
TPS, if any (unless that status or
category has since expired or
terminated); or
Æ Any other lawfully obtained
immigration status or category they
received while registered for TPS, as
long as it is still valid beyond the date
TPS terminates.
When was El Salvador designated for
TPS?
El Salvador was initially designated
for TPS on the basis of environmental
disaster, following two separate massive
earthquakes in 2001 1 that resulted in a
substantial disruption of living
conditions, at the request of the
country’s government, and because El
1 El Salvador—Earthquakes Final Fact Sheet,
Fiscal Year (FY) 2001, US Agency for International
Development Situation Report, Sept. 7, 2001,
available at https://reliefweb.int/report/el-salvador/
el-salvador-earthquakes-final-fact-sheet-fiscal-yearfy-2001 (last visited March 6, 2023). (The first
earthquake on January 13, 2001, registered 7.6 in
magnitude on the standard seismic scale; the
earthquake on February 13, 2001, one month later,
measured 6.6 in magnitude.)
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Salvador temporarily was unable to
handle adequately the return of its
nationals. See Designation of El
Salvador Under Temporary Protected
Status Program, 66 FR 14214 (Mar. 9,
2001). After its initial designation, El
Salvador’s TPS designation was
extended 11 consecutive times 2 (for
periods of 12 or 18 months at a time)
under the same statutory basis of
environmental disaster. The Secretary
last extended TPS for El Salvador from
July 8, 2016 through March 9, 2018.3
Following the statutorily required
review of the country conditions, former
Secretary Nielsen announced the
termination of TPS for El Salvador with
an effective date of September 9, 2019.4
As discussed below, this termination
decision has been the subject of
litigation and a court order. As a result,
the termination has not taken effect.
2 Extension of the Designation of El Salvador
Under the Temporary Protected Status Program;
Automatic Extension of Employment Authorization
Documentation for Salvadorans, 67 FR 46000 (July
11, 2002); Extension of the Designation of El
Salvador Under Temporary Protected Status
Program; Automatic Extension of Employment
Authorization Documentation for El Salvador, 68
FR 42071 (July 16, 2003); Extension of the
Designation of Temporary Protected Status for El
Salvador; Automatic Extension of Employment
Authorization Documentation for El Salvador TPS
Beneficiaries, 70 FR 1450 (Jan. 7, 2005); Extension
of the Designation of Temporary Protected Status
for El Salvador; Automatic Extension of
Employment Authorization Documentation for El
Salvadorian TPS Beneficiaries, 71 FR 34637 (June
15, 2006); Extension of the Designation of El
Salvador for Temporary Protected Status;
Automatic Extension of Employment Authorization
Documentation for Salvadoran TPS Beneficiaries,
72 FR 46649 (Aug. 21, 2007); Extension of the
Designation of El Salvador for Temporary Protected
Status, 73 FR 57128 (Oct. 1, 2008); Extension of the
Designation of El Salvador for Temporary Protected
Status and Automatic Extension of Employment
Authorization Documentation for Salvadoran TPS
Beneficiaries, 75 FR 39556 (July 9, 2010); Extension
of the Designation of El Salvador for Temporary
Protected Status and Automatic Extension of
Employment Authorization Documentation for
Salvadoran TPS Beneficiaries, 77 FR 1710 (Jan. 11,
2012); Extension of the Designation of El Salvador
for Temporary Protected Status, 78 FR 32418, (May
30, 2013); Extension of the Designation of El
Salvador for Temporary Protected Status, 80 FR 893
(Jan. 7, 2015); Extension of the Designation of El
Salvador for Temporary Protected Status, 81 FR
44645 (July 8, 2016).
3 Extension of the Designation of El Salvador for
Temporary Protected Status, 81 FR 44645 (July 8,
2016).
4 Termination of the Designation of El Salvador
for Temporary Protected Status, 83 FR 2654 (Jan.
18, 2018).
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Litigation Background Regarding
Termination of Certain TPS
Designations
In addition to El Salvador, in 2017–
2018, TPS termination decisions were
also announced for five other countries
by the Secretary or Acting Secretary:
Sudan, Nicaragua, Haiti, Nepal, and
Honduras.5 Lawsuits challenging the
terminations were filed in the U.S.
District Court for the Northern District
of California in Ramos v. Nielsen, 326
F. Supp. 3d 1075 (N.D. Cal. 2018), and
Bhattarai v. Nielsen, No. 19–cv–00731
(N.D. Cal. Mar. 12, 2019), and in the
U.S. District Court for the Eastern
District of New York in Saget v. Trump,
375 F. Supp. 3d 280 (E.D.N.Y. 2019).6 In
Ramos, the district court granted a
preliminary injunction enjoining the
terminations of TPS for El Salvador,
Haiti, Sudan, and Nicaragua and
directed DHS to maintain the status quo
and to continue the TPS and TPS5 Termination of the Designation of Sudan for
Temporary Protected Status, 82 FR 47228 (Oct. 11,
2017); Termination of the Designation of Nicaragua
for Temporary Protected Status, 82 FR 59636 (Dec.
15, 2017); Termination of the Designation of Haiti
for Temporary Protected Status, 83 FR 2648 (Jan.
18, 2018); Termination of the Designation of Nepal
for Temporary Protected Status, 83 FR 23705 (May
22, 2018); Termination of the Designation of
Honduras for Temporary Protected Status, 83 FR
26074 (June 5, 2018). Haiti and Sudan were later
newly designated for TPS on August 3, 2021 and
April 19, 2022, respectively, for 18 months. See
Designation of Haiti for Temporary Protected
Status, 86 FR 41863 (Aug. 3, 2021); Designation of
Sudan for Temporary Protected Status, 87 FR 23202
(Apr. 19, 2022).
6 See Ramos v. Nielsen, 336 F. Supp. 3d 1075
(N.D. Cal. 2018), vacated, 975 F.3d 872 (9th Cir.
2020), reh’g en banc granted, 59 F.4th 1010 (Feb.
10, 2023); Bhattarai v. Nielsen, No. 19–cv–00731
(N.D. Cal. Mar. 12, 2019) (staying proceedings until
Ramos appeal decided and approved parties’
stipulation for continued TPS and issuance of TPSrelated documentation to eligible, affected
beneficiaries of TPS for Honduras and Nepal during
the stay and pendency of the appeal). In 2019, the
U.S. District Court for the Eastern District of New
York also enjoined the termination of the 2011 TPS
designation for Haiti in Saget v. Trump, 375 F.
Supp. 3d 280 (E.D.N.Y. 2019), and DHS cited to that
order in previous notices continuing the affected
beneficiaries’ TPS and documentation. See, e.g., 86
FR 50725, 50726 (Sept. 10, 2021). However, the
Saget case was dismissed upon the court’s approval
of the parties’ joint Stipulation of Dismissal for
mootness following the Secretary’s new 18-month
designation of Haiti for TPS on August 3, 2021, and
DHS’ continuation of existing beneficiaries’ TPS
and related documentation under the Ramos
injunction through Dec. 31, 2022. See id., Order
approving Stipulation of Dismissal, dated Oct. 15,
2021. Other litigation was filed relating to the
terminations of El Salvador, Honduras, and Haiti.
A Haiti-related case, NAACP v. U.S. Dept. of
Homeland Security, No. 1:18–cv–00239 (D. Md. Jan.
24, 2018) was dismissed on May 22, 2021,
subsequent to the same DHS designation. An El
Salvador-related case, Casa de Maryland, v. Biden,
No. GJH–18–00845 (D. Md. Mar. 23, 2018), is
currently stayed until April 17, 2023. Centro
Presente v. Biden, No. 1:18–cv–10340 (D. Mass. July
23, 2018), relating to El Salvador, Haiti, and
Honduras, is currently stayed until April 14, 2023.
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related documentation of affected TPS
beneficiaries under those countries’
designations. The U.S. Government
appealed, and a three-judge panel
vacated the injunction. The appellate
court, however, has granted rehearing
en banc of the panel decision, vacating
the panel’s decision.7 The district
court’s preliminary injunction thus
remains in place. In Bhattarai, the
district court has stayed proceedings
until the Ramos appeal is decided and
approved the parties’ stipulation for the
continuation of TPS and TPS-related
documentation for eligible, affected
beneficiaries of TPS for Honduras and
Nepal during the stay and pendency of
the Ramos appeal. In Saget, the district
court granted a preliminary injunction
enjoining termination of TPS for Haiti,
and the Government appealed.
However, following the new TPS
designation of Haiti in August 2021, the
district court dismissed the lawsuit
based on the parties’ stipulation to
dismissal.8 Beneficiaries under the TPS
designations for El Salvador, Nicaragua,
Sudan, Haiti, Honduras, and Nepal will
retain their TPS while the preliminary
injunction in Ramos remains in effect,
and 120 days thereafter, provided that
their TPS is not withdrawn because of
individual ineligibility.9
DHS has taken actions to ensure its
continued compliance with the court
orders in Ramos and Bhattarai. DHS has
published periodic notices to continue
TPS and extend the validity of TPSrelated documentation previously
issued to beneficiaries under the TPS
designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and
Nepal.10 The most recent such notice
continued TPS and extended the TPSrelated documents specified in the
notice through June 30, 2024.11 These
7 See Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020),
petition for reh’g en banc granted, 59 F.4th 1010
(Feb. 10, 2023) (No. 18–16981).
8 See Saget v. Trump, 375 F. Supp. 3d 280
(E.D.N.Y. 2019) and Order approving Stipulation of
Dismissal, dated Oct. 15, 2021.
9 As noted, Haiti was newly designated for TPS
on August 3, 2021 for 18 months. See Designation
of Haiti for Temporary Protected Status, 86 FR
41863 (Aug. 3, 2021). On April 19, 2022, the
Secretary also newly designated Sudan TPS. See
Designation of Sudan for Temporary Protected
Status, 87 FR 23202 (Apr. 19, 2022). Those
designations cover all Haitian and Sudanese
nationals who were eligible for TPS under the Haiti
and Sudan TPS designations that were terminated
in 2018 and 2017, respectively.
10 83 FR 54764 (Oct. 31, 2018); 84 FR 7103 (Mar.
1, 2019); 84 FR 20647 (May 10, 2019) (correction
notice issued at 84 FR 23578 (May 22, 2019)); 84
FR 59403 (Nov. 4, 2019); 85 FR 79208 (Dec. 9,
2020); 86 FR 50725 (Sept. 10, 2021) (correction
notice issued at 86 FR 52694 (Sept. 22, 2021)).
11 Continuation of Documentation for
Beneficiaries of Temporary Protected Status
Designations of El Salvador, Haiti, Nicaragua,
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extensions apply where the TPS
beneficiary properly filed for reregistration during either the most
recent DHS-announced registration
period for their country, or any
applicable previous DHS-announced reregistration periods for the beneficiary’s
country, or has a re-registration
application that remains pending.12
Although the notice published at 87 FR
68717 remains valid, individuals who
wish to remain eligible for TPS under
the extension of TPS for El Salvador
announced in this notice through March
9, 2025, and any potential future
extensions must apply for re-registration
in accordance with the procedures
announced in this notice.13 Failure to
timely re-register without good cause is
a ground for TPS withdrawal. See INA
section 244(c)(3)(C), 8 U.S.C.
1254a(c)(3)(C); 8 CFR 244.17.
What authority does the Secretary have
to reconsider and rescind the
termination of TPS for El Salvador and
extend the prior designation?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
agencies of the U.S. Government, to
designate a foreign state (or part thereof)
for TPS if the Secretary determines that
certain country conditions exist.14 The
decision to designate any foreign state
Sudan, Honduras, and Nepal, 87 FR 68717 (Nov.
16, 2022).
12 Id., at 68719, note 5 (listing acceptable reregistration periods for each of the 6 countries).
13 Through the re-registration process, which is
generally conducted every 12 to 18 months while
a foreign state is designated for TPS, USCIS
determines whether each TPS beneficiary is
continuing to maintain individual eligibility for
TPS, including but not limited to, the requirements
related to disqualifying criminal or security issues.
Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El
Salvador, Haiti, Nicaragua, Sudan, Honduras, and
Nepal, 87 FR 68717, 68720 (Nov. 16, 2022) (noting
potential future action for El Salvador TPS
beneficiaries may include a requirement to reregister).
14 Although the text of INA section 244(b)(1)
continues to ascribe this power to the Attorney
General, this authority is now held by the Secretary
of Homeland Security by operation of the
Homeland Security Act of 2002, Pub. L. 107–296,
116 Stat. 2135. See, e.g., 6 U.S.C. 557; Nielsen v.
Preap, 139 S. Ct. 954, 959 n.2 (2019). The Secretary
may designate a country (or part of a country) for
TPS on the basis of ongoing armed conflict such
that returning would pose a serious threat to the
personal safety of the country’s nationals and
habitual residents, environmental disaster
(including an epidemic), or extraordinary and
temporary conditions in the country that prevent
the safe return of the country’s nationals. For
environmental disaster-based designations, certain
other statutory requirements must be met, including
that the foreign government must request TPS. A
designation based on extraordinary and temporary
conditions cannot be made if the Secretary finds
that allowing the country’s nationals to remain
temporarily in the United States is contrary to the
U.S. national interest. INA section 244(b)(1).
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(or part thereof) is a discretionary
decision, and there is no judicial review
of any determination with respect to the
designation, termination, or extension of
a designation. See INA section
244(b)(5)(A); 8 U.S.C. 1254a(b)(5)(A).
At least 60 days before the expiration
of a foreign state’s TPS designation, the
Secretary, after consultation with
appropriate U.S. Government agencies,
must review the conditions in the
foreign state designated for TPS to
determine whether they continue to
meet the conditions for the TPS
designation. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If
the Secretary determines that the foreign
state no longer meets the conditions for
TPS designation, the Secretary must
terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B). If the Secretary does not
determine that the foreign state no
longer meets the conditions for TPS
designation, the designation is extended
for an additional period of 6 months or,
in the Secretary’s discretion, 12 or 18
months. See INA section 244(b)(3)(A),
(C); 8 U.S.C. 1254a(b)(3)(A), (C).
On January 18, 2018, the Secretary of
Homeland Security issued notice of her
decision that El Salvador no longer
continued to meet the conditions for
TPS designation and announced the
termination of TPS for El Salvador. The
Secretary also announced an orderly
transition period of 18 months, such
that the termination was set to go into
effect on September 9, 2019. On March
12, 2018, as noted above, plaintiffs in
Ramos filed suit challenging the
termination decision for El Salvador, as
well as contemporaneous decisions to
terminate TPS for Nicaragua, Sudan,
and Haiti. On October 3, 2018, the U.S.
District Court for the Northern District
of California issued a preliminary
injunction order in Ramos, preventing
the termination decision from going into
effect until the court reaches a decision
on the merits of the plaintiffs’ claims
and further directing that DHS maintain
the status quo, including continuing
TPS and TPS-related documentation,
such as Employment Authorization
Documents (EADs), for affected
beneficiaries. After reaching a
stipulation with plaintiffs that no
termination would go in effect for at
least 120 days following the conclusion
of any appeal, DHS has issued a series
of Federal Register notices continuing
TPS and TPS-related documentation for
affected TPS beneficiaries, with the
most recent continuation notice
effective through June 30, 2024.15 As a
result, the announced termination of the
15 See
note 13 above.
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TPS designation for El Salvador has
never gone into effect, and TPS
beneficiaries under that designation
have retained their TPS, unless it has
been individually withdrawn pursuant
to INA section 244(c)(3), 8 U.S.C.
1254a(c)(3).
An agency has inherent (that is,
statutorily implicit) authority to revisit
its prior decisions unless Congress has
expressly limited that authority.16 The
TPS statute does not limit the
Secretary’s inherent authority to
reconsider any TPS-related
determination, and upon
reconsideration, to change the
determination. See INA sections
244(b)(3), (b)(5)(A); 8 U.S.C. 1254a(b)(3),
(b)(5)(A).
Why is the Secretary rescinding the
previous decision to terminate the TPS
designation for El Salvador?
After conducting an independent
assessment of the country conditions in
El Salvador as they existed in 2018 and
exist today, the Secretary has
determined that El Salvador’s 2001 TPS
designation should not have been
terminated. As explained below, the
conditions in El Salvador that gave rise
to its TPS designation in 2001 persisted
in 2018 and persist to this day.
Accordingly, the Secretary is, upon
reconsideration, vacating the 2018
decision terminating El Salvador’s TPS
designation and extending that
designation for an additional 18 months.
El Salvador was initially designated
for TPS in 2001 on environmental
disaster grounds 17 following two
separate earthquakes that occurred that
year. El Salvador suffered catastrophic
damage as a result of the 2001
earthquakes. Together, the earthquakes
killed over 1,150 people,18 injured over
8,000, and affected more than 1.5
16 Ivy Sports Medicine, LLC v. Burwell, 767 F.3d
81, 86 (D.C. Cir. 2014) (‘‘[A]dministrative agencies
are assumed to possess at least some inherent
authority to revisit their prior decisions, at least if
done in a timely fashion. . . . [I]nherent authority
for timely administrative reconsideration is
premised on the notion that the power to reconsider
is inherent in the power to decide.’’ (quotation
marks and citations omitted)); Macktal v. Chao, 286
F.3d 822, 825–26 (5th Cir. 2002) (‘‘It is generally
accepted that in the absence of a specific statutory
limitation, an administrative agency has the
inherent authority to reconsider its decisions.’’)
(collecting cases); Mazaleski v. Treusdell, 562 F.2d
701, 720 (D.C. Cir. 1977) (‘‘We have many times
held that an agency has the inherent power to
reconsider and change a decision if it does so
within a reasonable period of time.’’).
17 Designation of El Salvador Under Temporary
Protected Status Program, 66 FR 14214 (Mar. 9,
2001).
18 Earthquakes Fast Facts, CNN Editorial
Research, June 22, 2022, available at https://
www.cnn.com/2013/07/05/world/earthquakes-fastfacts/ (last visited March 6, 2023).
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million people 19 (approximately 25
percent of the population 20). The
earthquakes damaged or destroyed over
300,000 homes, 2,647 public schools
and demolished critical infrastructure
throughout the country.21 The
international community responded to
the disaster with a significant amount of
aid, with the United States initially
providing $16 million in relief
assistance and announcing another $52
million for reconstruction assistance.22
Intergovernmental organizations and
other governments also provided
substantial aid, including a $20 million
emergency loan from the Inter-American
Development Bank (IDB), $4 million for
World Food Programme (WFP)
emergency operations, and $1.3 billion
in pledges from various countries.23
While some progress on
reconstruction projects had been made
by 2018, many of the problems caused
by the 2001 earthquakes persisted.24
Since the disastrous effects of the
earthquakes in 2001, El Salvador has
19 El Salvador—Earthquakes Final Fact Sheet,
Fiscal Year (FY) 2001, US Agency for International
Development Situation Report, Sept. 7, 2001,
available at https://reliefweb.int/report/el-salvador/
el-salvador-earthquakes-final-fact-sheet-fiscal-yearfy-2001 (last visited March 6, 2023).
20 El Salvador Earthquakes: Final Fact Sheet (FY
2001); AFSC El Salvador earthquake response: Two
years later—An assessment and report, American
Friends Service Committee, May 15, 2003, available
at https://reliefweb.int/report/el-salvador/afsc-elsalvador-earthquake-response-two-years-laterassessment-and-report (last visited March 6, 2023).
21 El Salvador Earthquakes: Final Fact Sheet (FY
2001); AFSC El Salvador earthquake response: Two
years later—An assessment and report, American
Friends Service Committee, May 15, 2003, available
at https://reliefweb.int/report/el-salvador/afsc-elsalvador-earthquake-response-two-years-laterassessment-and-report (last visited March 6, 2023).
22 Statement by the President: Relief and
Reconstruction Assistance for El Salvador, March 2,
2001, https://georgewbushwhitehouse.archives.gov/news/releases/2001/03/
20010302-9.html (last visited: March 6, 2023).
23 El Salvador—Earthquakes Final Fact Sheet,
Fiscal Year (FY) 2001, Sept. 7, 2001, https://
reliefweb.int/report/el-salvador/el-salvadorearthquakes-final-fact-sheet-fiscal-year-fy-2001 (last
visited: March 6, 2023).
24 A January 2016 report by a Salvadoran media
outlet found individuals living in homes in San
Salvador (El Salvador’s capital city) which were
declared uninhabitable due to structural damage
from the 2001 earthquakes or their locations in
areas at high risk from landslides or the potential
collapse of walls. While schools have been
reconstructed and repaired—including via the U.S.
Agency for International Development’s (USAID)
Earthquake Reconstruction Program—in January
2016 a Salvadoran media outlet reported that
certain buildings and schools damaged by the 2001
earthquakes had not yet been repaired or rebuilt.
Joma, Susana, Edificios dan˜ados por los terremotos
au´n son amenaza, El Diario de Hoy (El Sal.), Jan.
11, 2016; Contributions of the PDNA and DRF to
Post-Disaster Recovery: El Salvador Case Study
2022, United Nations Development Programme,
available at https://www.undp.org/latin-america/
publications/case-study-contributions-pdna-anddrf-post-disaster (last visited: March 17, 2023).
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been encumbered by several natural
disasters, environmental challenges,
high levels of violence, and economic
instability, all of which significantly
slowed its recovery and continued to
render El Salvador unable to handle the
return of its nationals at the time of the
decision to terminate the designation.25
At the time of the determination to
terminate the designation of TPS, DHS
found that the social and economic
conditions affected by the earthquakes
had stabilized. That conclusion was in
error and reflects an inadequate
assessment of conditions in El Salvador
leading up to the announcement of the
decision to terminate. Although some
social and economic progress had been
made by 2018, frequent and significant
environmental disasters occurred after
the 2001 earthquakes causing additional
challenges.26 Recovery from the
earthquakes continued to be slow and
encumbered by hurricanes and tropical
storms, heavy rains and flooding,
volcanic and seismic activity, a coffee
rust epidemic, a prolonged and severe
drought, and an increase in various
mosquito-borne diseases, among other
things.
Numerous natural disasters have
negatively affected El Salvador since the
2001 earthquakes and have adversely
impacted its ability to adequately
handle the return of its nationals
granted TPS. In October 2005, for
instance, the severe flooding caused by
Tropical Storm Stan, coupled with the
eruption of the Ilamatepec volcano in
early October 2005, affected
approximately half of the population of
El Salvador.27 In November 2009,
25 El Salvador-Disaster Response, USAID, Sept. 7,
2022, available at https://www.usaid.gov/elsalvador/our-work/disaster-response (last visited
March 6, 2023); Miracle or Mirage? Gangs and
Plunging Violence in El Salvador, International
Crisis Group, p.2, July 8, 2020, available at https://
www.crisisgroup.org/latin-america-caribbean/
central-america/el-salvador/81-miracle-or-miragegangs-and-plunging-violence-el-salvador (last
visited March 6, 2023); El Salvador: Civil War,
Natural Disasters, and Gang Violence Drive
Migration, Migration Policy Institute, Aug. 29, 2018,
available at: https://www.migrationpolicy.org/
article/el-salvador-civil-war-natural-disasters-andgang-violence-drive-migration (last visited: March 6,
2023).
26 Report: Extending Temporary Protected Status
for El Salvador: Country Conditions and U.S. Legal
Requirements, American University, Dec. 2017,
available at: https://www.american.edu/centers/
latin-american-latino-studies/extending-tps-for-elsalvador.cfm (last visited: March 6, 2023);
Resolving Land Ownership Issues for a Community
Water Project: A Post-Earthquake Development
Dispute in Rural El Salvador, April 07, 2010,
https://www.tandfonline.com/doi/pdf/10.1080/
14649350903538046 (last visited: March 6, 2023).
27 El Salvador: Hurricane Stan, Floods and
Volcanic Activity OCHA Situation Report No. 2, UN
Office for the Coordination of Humanitarian Affairs,
Oct. 7, 2005, available at https://reliefweb.int/
report/el-salvador/el-salvador-hurricane-stan-
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Tropical Storm Ida caused severe
damage and loss of life.28 In October
2011, Tropical Storm 12–E caused
flooding and mudslides across El
Salvador.29 In June 2013, Tropical
Storm Barry caused flooding.30 and the
high waves produced by tropical storms
in May 2015 forced evacuations and
caused damage along the Salvadoran
coastal line.31 In October 2015, heavy
rains produced flooding and landslides
across El Salvador.32 In 2016, El
Salvador had the third highest
percentage of people exposed to disaster
risk in the world, with 88.7 percent of
the land and 95.4 percent of the
population at risk of multiple kinds of
disasters.33 In June 2017, several days of
heavy rainfall caused floods and
landslides; four people were killed,
nearly 300 were displaced, and over 200
homes were damaged.34 In early
floods-and-volcanic-activity-ocha-situation-reportno (last visited March 6, 2023); Analysis of Tropical
Storm Stan in El Salvador, Centro de Intercambio
y Solidaridad, Nov. 16, 2005, available at: https://
reliefweb.int/report/el-salvador/analysis-tropicalstorm-stan-el-salvador (last visited Mar. 6, 2023); El
Salvador-Disaster Response, USAID, Sept. 7, 2022,
available at https://www.usaid.gov/el-salvador/ourwork/disaster-response (last visited March 6, 2023).
28 Hurricane Ida and floods in Central America:
OCHA Situation Report No. 1, UN Office for the
Coordination of Humanitarian Affairs, Nov. 9, 2009
available at: https://reliefweb.int/report/el-salvador/
hurricane-ida-and-floods-central-america-ochasituation-report-no-1-9-nov-2009 (last visited Mar.
6, 2003); El Salvador-Disaster Response, USAID,
Sept. 7, 2022, available at https://www.usaid.gov/elsalvador/our-work/disaster-response (last visited
March 6, 2023).
29 Bertelsmann Stiftung, BTI 2014—El Salvador
Country Report. Gu¨tersloh: Bertelsmann Stiftung,
2014, available at https://bti-project.org/fileadmin/
api/content/en/downloads/reports/country_report_
2014_SLV.pdf (last visited Mar. 7, 2023); El
Salvador-Disaster Response, USAID, Sept. 7, 2022,
available at https://www.usaid.gov/el-salvador/ourwork/disaster-response (last visited March 6, 2023).
30 Stewart, Stacy R., Tropical Storm Barry
(AL022013), 17–20 June 2013, National Hurricane
Center, Oct. 7, 2013, available at https://
www.nhc.noaa.gov/data/tcr/AL022013_Barry.pdf
(last visited March 6, 2023).
31 El Salvador: Storm Surge Emergency Plan of
Action (EPoA) DREF Operation n° MDRSV008,
International Federation of Red Cross And Red
Crescent Societies (IFRC) Situation Report, May 15,
2015, available at https://reliefweb.int/report/elsalvador/el-salvador-storm-surge-emergency-planaction-epoa-dref-operation-n-mdrsv008 (last visited
March 6, 2023).
32 Guinto, Joel, Typhoon Kills At Least 16 In
Philippines, Strands Thousands, Terra Daily, Oct.
19, 2015, available at https://www.terradaily.com/
reports/Typhoon_kills_at_least_16_in_Philippines_
strands_thousands_999.html (last visited: March 6,
2023).
33 Signing of Japanese ODA Loan with El
Salvador: Improving the capacity to mitigate and
manage disaster risk, and providing speedy
assistance for financing needs in the reconstruction
stage, Japan International Cooperation Agency, May
30, 2016, available at https://reliefweb.int/report/elsalvador/signing-japanese-oda-loan-el-salvadorimproving-capacity-mitigate-and-manage (last
visited: March 6, 2023).
34 El Salvador—Floods (Direccio
´ n General de
Proteccio´n Civil, SNET, Local Media) (ECHO Daily
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October 2017, Tropical Storm Nate
impacted El Salvador, leaving one
person dead and one missing.35 In late
October 2017, Tropical Storm Selma
brought heavy rain and flooding that
caused massive mudslides, overflowed
rivers, and left debris on roads.36
These environmental disasters have
had negative impacts on El Salvador’s
economic stability that were not
considered in the 2018 termination
decision.37 The 2018 termination
decision highlighted El Salvador’s
steady unemployment rate of 7 percent
from 2014–2016 but failed to consider
that it has the second slowest economic
growth rate in Central America, leading
to an underemployment rate of 36.8
percent in 2018.38 According to the
2017 Global Climate Risk Index, El
Salvador ranked as the 15th most
affected country in the world by
extreme weather events from 1996 to
2015, the most recent year for which
data was available at the time the
termination decision was made.39
During this time, El Salvador averaged
$282 million in damages per year—
equivalent to 0.7 percent of its GDP.40
In 2016, El Salvador was considered the
17th highest country in the world in
terms of the impact of disasters on the
gross domestic product.41 An estimated
Flash of 20 June 2017), European Commission’s
Directorate-General for European Civil Protection
and Humanitarian Aid Operations, June 20, 2017,
available at https://reliefweb.int/report/el-salvador/
el-salvador-floods-direcci-n-general-de-protecci-ncivil-snet-local-media-echo (last accessed March 6,
2023).
35 Nate Kills At Least 20 in Central America,
Tracks Toward US, VOA News, Oct. 6, 2017,
available at https://www.voanews.com/a/nate-takesaim-us-still-reeling-from-earlier-storms/
4059008.html (last accessed March 6, 2023).
36 Report: Extending Temporary Protected Status
for El Salvador: Country Conditions and U.S. Legal
Requirements, American University, Dec. 2017,
available at: https://www.american.edu/centers/
latin-american-latino-studies/extending-tps-for-elsalvador.cfm (last visited: March 6, 2023).
37 Contributions of the PDNA and DRF to PostDisaster Recovery: El Salvador Case Study 2022,
United Nations Development Programme, available
at https://www.undp.org/latin-america/
publications/case-study-contributions-pdna-anddrf-post-disaster (last accessed March 6, 2023).
38 Fact Sheet Employment and Migration El
Salvador 2021, International Labour Organization,
December 8, 2021, available at https://www.ilo.org/
wcmsp5/groups/public/---americas/---ro-lima/---srosan_jose/documents/publication/wcms_831274.pdf
(last accessed March 6, 2023).
39 Kreft, So
¨ nke, Eckstein, David and Melchior,
Inga, Global Climate Risk Index 2018,
Germanwatch, p. 23, Nov. 2017.
40 Kreft, So
¨ nke, Eckstein, David and Melchior,
Inga, Global Climate Risk Index 2018,
Germanwatch, p. 23, Nov. 2017.
41 Signing of Japanese ODA Loan with El
Salvador: Improving the capacity to mitigate and
manage disaster risk, and providing speedy
assistance for financing needs in the reconstruction
stage, Japan International Cooperation Agency, May
30, 2016, available at https://reliefweb.int/report/el-
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95.4 percent of its GDP is exposed to
two or more natural hazards, making it
the country with the second highest
economic multi-hazard risk worldwide
relative to its GDP.42 In fact, earthquakes
have been responsible for the greatest
proportion of economic loss, with the
2001 earthquakes causing effects
equivalent to 12 percent of El Salvador’s
GDP.43 These facts highlight that El
Salvador continued to face serious
environmental obstacles at the time of
the decision to terminate TPS.
In addition to the ongoing
environmental and economic impacts
from the 2001 earthquakes, high levels
of violence have continued to render El
Salvador unable to handle the return of
those granted TPS. At the time of the
decision to terminate TPS, DHS found
that the social and economic conditions
affected by the earthquakes had
stabilized but did not sufficiently
consider the combined impacts of the
earthquakes and economic instability on
rates of violence and general
insecurity.44 El Salvador’s recovery had
been (and continues to be) encumbered
by staggering levels of violence—mainly
related to gang activity and the state’s
response—as well as pervasive and high
levels of gender-based violence. In 2018,
El Salvador had one of the world’s
highest homicide rates and its security
forces were widely reported as either
ineffective or engaged in human rights
violations and abuses, including the
extrajudicial executions of alleged gang
members, sexual assaults, and enforced
disappearances.45 Violent gang activity
is particularly serious in El Salvador
due to the country’s economic and
social challenges.46 Young people are
highly vulnerable to gang recruitment,
with a quarter of Salvadoran youth not
salvador/signing-japanese-oda-loan-el-salvadorimproving-capacity-mitigate-and-manage (last
visited: March 6, 2023).
42 Contributions of the PDNA and DRF to PostDisaster Recovery: El Salvador Case Study 2022,
United Nations Development Programme, available
at https://www.undp.org/latin-america/
publications/case-study-contributions-pdna-anddrf-post-disaster (last accessed March 6, 2023).
43 Contributions of the PDNA and DRF to PostDisaster Recovery: El Salvador Case Study 2022,
United Nations Development Programme, available
at https://www.undp.org/latin-america/
publications/case-study-contributions-pdna-anddrf-post-disaster (last accessed March 6, 2023).
44 Termination of the Designation of El Salvador
for Temporary Protected Status, 83 FR 2654 (Jan.
18, 2018).
45 El Salvador Events of 2018, Human Rights
Watch, available at https://www.hrw.org/worldreport/2019/country-chapters/el-salvador (last
accessed March 6, 2023).
46 Cheatham, Amelia & Roy, Diana, Central
America’s Turbulent Northern Triangle, Council on
Foreign Relations, available at https://www.cfr.org/
backgrounder/central-americas-turbulent-northerntriangle (last accessed March 6, 2023).
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engaged in education, employment, or
training.47 Violent nonstate actors
impact the ability of NGOs to operate by
imposing restrictions in areas they
control.48 DHS also found that, in 2018,
El Salvador was accepting the returns of
its nationals who were removed for
various reasons; however, it did not
adequately consider that some of those
who returned became targets for violent
nonstate actors, leading to extortion,
torture, and murder of deportees.49
As explained above, at the time of the
decision to terminate TPS, El Salvador
continued to experience ongoing
environmental disasters, economic
instability, and high rates of violence,
that were either insufficiently
considered or not considered in the
termination decision. The termination
decision failed to adequately assess
conditions in El Salvador in 2018.
Those conditions continued to
substantially disrupt living conditions
and temporarily affected the country’s
ability to adequately handle the return
of its nationals residing in the United
States. The Secretary has concluded that
reconsideration and rescission of the
termination of TPS is appropriate and
timely, particularly given that the 2018
termination decision has not yet gone
into effect due to the ongoing litigation
and associated court orders.
What authority does the Secretary have
to extend the designation of El Salvador
for TPS?
As noted above, section 244(b) of the
INA, 8 U.S.C. 1254a(b), authorizes the
Secretary, after consultation with
appropriate agencies of the U.S.
Government, to designate a foreign state
(or part thereof) for TPS if the Secretary
determines that certain country
conditions exist and instructs the
Secretary to periodically review the
country conditions underpinning each
designation and determine whether they
still exist, leading to either termination
or extension of the TPS designation.
However, if the Secretary determines
that the foreign state no longer meets the
conditions for TPS designation, the
Secretary must terminate the
47 Brand-Weiner, Ian, Reducing Violence in El
Salvador: What it Will Take, Organization for
Economic Cooperation and Development, available
at https://oecd-development-matters.org/2018/01/
17/reducing-violence-in-el-salvador-what-it-willtake/ (last accessed March 6, 2023).
48 Disaster Risk Reduction in El Salvador, An
Evaluation of Non-Governmental Organizations’
Role and Impact, Texas A&M University, May 3,
2022, available at condevcenter.org/Portals/0/
El%20Salvador%20Capstone%202022.pdf (last
accessed March 6, 2023).
49 El Salvador: Background and U.S. Relations,
Congressional Research Service, July 1, 2020,
available at https://sgp.fas.org/crs/row/R43616.pdf
(last accessed March 6, 2023).
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designation. See INA section
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). If
the Secretary does not make a decision
as to either extension or termination,
then INA section 244(b)(3)(C) requires
the automatic extension of the
designation for six months (or 12 or 18
months in the Secretary’s discretion).
Prior to the now-rescinded
termination of the TPS designation for
El Salvador, the most recent extension
of the designation was due to end on
March 9, 2018.50 In light of the
Secretary’s reconsideration and
rescission of the January 18, 2018
decision to terminate the TPS
designation for El Salvador, there is no
longer any standing secretarial
determination that El Salvador ‘‘no
longer meets the conditions for
designation’’ under INA section
244(b)(1). Accordingly, pursuant to INA
section 244(b)(3)(C), and in the absence
of an affirmative decision by any
Secretary to extend the designation for
12 or 18 months rather than the
automatic six months triggered by the
statue, the TPS designation for El
Salvador shall have been extended in
consecutive increments of six months
between the date when the last
designation extension was due to end
on March 9, 2018, and the effective date
of the TPS extension announced in this
notice on September 10, 2023. Coupled
with the existing Ramos order and
corresponding Federal Register notices
continuing TPS and TPS-related
documentation for affected beneficiaries
under the designation for El Salvador,
this means that all such individuals
whose TPS has not been finally
withdrawn for individual ineligibility
are deemed to have retained TPS since
March 9, 2018, and may re-register
under procedures announced in this
Notice.
Why is the Secretary extending the TPS
designation for El Salvador for TPS for
18 months through March 9, 2025?
DHS has reviewed country conditions
in El Salvador. Based on the review,
including input received from DOS and
other U.S. Government agencies, the
Secretary has determined that an 18month TPS extension is warranted
because the conditions supporting El
Salvador’s 2001 designation for TPS on
the basis of environmental disaster
remain.
As previously discussed, El Salvador
was originally designated for TPS in
2001 51 following two separate
See 81 FR 44645 (July 8, 2016).
of El Salvador Under Temporary
Protected Status Program, 66 FR 14214 (Mar. 9,
2001).
50
51 Designation
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earthquakes. Recovery from these
earthquakes has been impeded by El
Salvador’s ongoing environmental
challenges, including its high
vulnerability to ‘‘more frequent
occurrences of floods, droughts, and
tropical storms, all of which
disproportionally affect poor and
vulnerable populations.’’ 52 During the
rainy season, which generally runs from
June to November, El Salvador is
impacted by extreme weather, which
damages roads, property, and
infrastructure; disrupts supplies,
services, and utilities; and even causes
loss of life.53 Through the present, El
Salvador continues to experience
compounding environmental disasters,
hindering recovery and rendering it
unable to handle adequately the return
of its nationals.
As recently as October 2022, Tropical
Storm Julia passed over El Salvador,
leaving extensive flooding and deadly
mudslides due to oversaturated ground
from an active rainy season.54 El
Salvador declared a 15-day state of
national emergency in response to
Tropical Storm Julia.55 Approximately
120 shelters were activated for 2,837
people, and at least 10 individuals
died.56 Assessments indicated that
180,000 people who were already facing
acute food insecurity were affected by
heavy rains.57 A trend analysis of food
insecurity and disasters found that
environmental degradation and natural
52 The World Bank in El Salvador, Overview, The
World Bank, Apr. 22, 2022, available at https://
www.worldbank.org/en/country/elsalvador/
overview (last visited March 6, 2023).
53 Foreign Travel Advice El Salvador, Gov.UK,
Oct. 20, 2022, available at https://www.gov.uk/
foreign-travel-advice/el-salvador/print (last visited
March 6, 2023).
54 Northern Central America: TS Julia and Rainy
Season Flash Update No. 01, United Nations Office
for the Coordination of Humanitarian Affairs
(UNOCHA), Oct. 14, 2022, available at: https://
reliefweb.int/report/guatemala/northern-centralamerica-ts-julia-and-rainy-season-flash-update-no01-14-october-2022 (last visited March 6, 2023).
55 Northern Central America: TS Julia and Rainy
Season Flash Update No. 01, United Nations Office
for the Coordination of Humanitarian Affairs
(UNOCHA), Oct. 14, 2022, available at: https://
reliefweb.int/report/guatemala/northern-centralamerica-ts-julia-and-rainy-season-flash-update-no01-14-october-2022 (last visited March 6, 2023).
56 El Salvador: Tropical Storm Julia—Emergency
Plan of Action (EPoA), DREF Operation No.
MDRSV015, International Federation of Red Cross
and Red Crescent Societies (IFRC) Situation Report,
Oct. 26, 2022, available at https://reliefweb.int/
report/el-salvador/el-salvador-tropical-storm-juliaemergency-plan-action-epoa-dref-operation-nomdrsv015 (last visited March 6, 2023).
57 Northern Central America: TS Julia and Rainy
Season Flash Update No. 01, United Nations Office
for the Coordination of Humanitarian Affairs
(UNOCHA), Oct. 14, 2022, available at https://
reliefweb.int/report/guatemala/northern-centralamerica-ts-julia-and-rainy-season-flash-update-no01-14-october-2022 (last visited March 6, 2023).
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disasters led to increased insecurity,
and both of these factors have
significantly impacted El Salvador since
2001.58
In October 2018, the Government of El
Salvador published an updated report
regarding the heavy rain situation in the
country at that time. Seven rivers
flooded and 1,409 homes were
affected.59 In May and June 2020,
tropical storms Amanda and Cristo´bal
causing widespread floods and
landslides throughout the country,
causing loss of life and significant
material damage.60 Collectively, the
storms also disrupted agricultural
production, and caused acute food
insecurity due to irregular rainfall,
which was worsened by the impacts of
the COVID–19 pandemic.61 More than
149,000 people were directly affected
the storms, and as a result, the WFP
estimated that more than 330,000
people were facing severe food
insecurity.62 In November 2020, the
Civil Protection Agency in El Salvador
issued a national red alert due to the
formation of Hurricane Eta, which sent
more than 2,200 people to shelters.63 As
a result of Hurricane Eta, El Salvador
experienced major flooding and soon
after, experienced heavy rain and
flooding from Hurricane Iota.64 It also
58 Restoring Food Security and Livelihoods for
Vulnerable Groups Affected by Recurrent Shocks in
El Salvador, Guatemala, Honduras and Nicaragua,
UN World Food Programme, Oct. 7, 2013, https://
one.wfp.org/operations/current_operations/project_
docs/200490.pdf (last visited: March 6, 2023).
59 Natural Disasters Monitoring, News and Press
Release Pan-American Health Organization (PAHO),
Oct. 10, 2018, available at https://reliefweb.int/
report/el-salvador/natural-disasters-monitoringoctober-10-2018 (last visited March 6, 2023).
60 Durroux-Malpartida, Veronique, As El Salvador
faces the double impact of hurricanes and COVID–
19, NGOs step in, United Nations Office for the
Coordination of Humanitarian Affairs (UNOCHA),
Dec. 30, 2020, available at https://www.unocha.org/
story/el-salvador-faces-double-impact-hurricanesand-covid-19-ngos-step (last visited March 6, 2023).
61 El Salvador-Disaster Response, USAID, Sept. 7,
2022, available at: https://www.usaid.gov/elsalvador/our-work/disaster-response (last visited
March 6, 2023).
62 Durroux-Malpartida, Veronique, As El Salvador
faces the double impact of hurricanes and COVID–
19, NGOs step in, United Nations Office for the
Coordination of Humanitarian Affairs (UNOCHA),
Dec. 30, 2020, available at https://www.unocha.org/
story/el-salvador-faces-double-impact-hurricanesand-covid-19-ngos-step (last visited March 6, 2023).
63 Durroux-Malpartida, Veronique, As El Salvador
faces the double impact of hurricanes and COVID–
19, NGOs step in, United Nations Office for the
Coordination of Humanitarian Affairs (UNOCHA),
Dec. 30, 2020, available at https://www.unocha.org/
story/el-salvador-faces-double-impact-hurricanesand-covid-19-ngos-step (last visited March 6, 2023).
64 National Hurricane Center Tropical Cyclone
Report: Hurricane Eta, NHC, Nov. 2020, https://
www.nhc.noaa.gov/data/tcr/AL292020_Eta.pdf (last
visited: Feb. 24, 2023); National Hurricane Center
Tropical Cyclone Report: Hurricane Iota, NHC, Nov.
2020, https://www.nhc.noaa.gov/data/tcr/
AL312020_Iota.pdf (last visited: March 6, 2023).
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caused two deaths and significant
agricultural damage across the
country.65 It is estimated that 17,000
people were internally displaced as a
result of Hurricanes Eta and Iota.66
These countrywide consecutive events
led to an overwhelming increase in the
number of identified people in need of
humanitarian assistance from 643,000
before the start of the COVID–19
pandemic to 1.7 million.67
In addition to the numerous
environmental disasters following the
2001 earthquakes, El Salvador continues
to experience a frail macroeconomic
environment, a high rate of
unemployment, violence, and a poor
security situation that continues to
render the country temporarily unable
to adequately handle the return of its
nationals. El Salvador is plagued by
intense violence involving criminal
groups and gang warfare, as well as a
deteriorating political crisis, due to the
government’s aggressive security
strategies to combat gang violence. As
reported in July 2020 by the
International Crisis Group (ICG), El
Salvador continues to be exposed to
violence involving criminal groups,
particularly Mara Salvatrucha (MS–13)
and the 18th Street gang’s two factions,
the Revolutionaries and the
Southerners.68 At that time, authorities
estimated that 60,000 active gang
members operated in 94 percent of the
country’s municipalities.69 Gang
violence has hampered reconstruction
efforts, with NGOs reporting that in
gang-controlled territories, they must
abide by curfews, stop work when
ordered, and often require approval
from gangs to work in those areas.70
65 Id.
66 US Department of State, 2021 Country Report
on Human Rights Practices: El Salvador, April 12,
2022, https://www.ecoi.net/en/document/
2071137.html (accessed on March 6, 2023).
67 Durroux-Malpartida, Veronique, As El Salvador
faces the double impact of hurricanes and COVID–
19, NGOs step in, United Nations Office for the
Coordination of Humanitarian Affairs (UNOCHA),
Dec. 30, 2020, available at https://www.unocha.org/
story/el-salvador-faces-double-impact-hurricanesand-covid-19-ngos-step (last visited March 6, 2023).
68 Miracle or Mirage? Gangs and Plunging
Violence in El Salvador, International Crisis Group,
p.2, July 8, 2020, available at https://
www.crisisgroup.org/latin-america-caribbean/
central-america/el-salvador/81-miracle-or-miragegangs-and-plunging-violence-el-salvador (last
visited March 6, 2023).
69 Miracle or Mirage? Gangs and Plunging
Violence in El Salvador, International Crisis Group,
p.2, July 8, 2020, available at https://
www.crisisgroup.org/latin-america-caribbean/
central-america/el-salvador/81-miracle-or-miragegangs-and-plunging-violence-el-salvador (last
visited March 6, 2023).
70 Disaster Risk Reduction in El Salvador, An
Evaluation of Non-Governmental Organizations’
Role and Impact, Texas A&M University, May 3,
2022, available at condevcenter.org/Portals/0/
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Elected in 2019, President Nayib
Bukele has attributed a plunge in
homicides to a security policy of
sending police and troops into gangcontrolled neighborhoods.71 However,
El Salvador’s overall decline in its
homicide rate in 2020 and 2021 72 has
also been attributed to a ‘‘covert pact’’
between the government and the largest
gangs operating in the country—the
collapse of which reportedly led to a
spike in murders in late March 2022.73
President Bukele has been described
as ‘‘increasingly authoritarian, and his
critics say the leader’s threat to
democracy has only grown.’’ 74 In a
December 2021 report, the
Congressional Research Service
described a series of actions taken by
President Bukele and his government as
‘‘democratic backsliding’’ 75 and
‘‘removing checks on presidential
power.’’ 76 In March 2022, the
government of El Salvador declared a
30-day state of emergency, suspending
citizen’s constitutional rights, in
response to a spike in homicides, when
El Salvador registered 62 murders in a
single day, ‘‘the bloodiest since the end
of the country’s civil war in 1992.’’ 77
El%20Salvador%20Capstone%202022.pdf (last
accessed March 6, 2023).
71 Treasury Targets Corruption Networks Linked
to Transnational Organized Crime, Press Release,
U.S. Treasury, Dec. 8, 2021, available at https://
home.treasury.gov/news/press-releases/jy0519 (last
visited March 6, 2023). After experiencing a spike
in homicides in 2015, El Salvador went from Latin
America’s most violent country to number 11 in
2021. See United States Institute of Peace, ‘‘El
Salvador Needs Long-Term Solutions to End Cycles
of Violence,’’ Apr. 6, 2022, available at https://
www.usip.org/publications/2022/04/el-salvadorneeds-long-term-solutions-end-cycles-violence#:∼:
text=From%20Latin%20America’s%20most%20
violent,Mexico%20(26%20per%20100%2C000 (last
visited March 6, 2023).
72 InSight Crime’s 2021 Homicide Round-Up,
InSight Crime, Feb. 1, 2022, available at https://
insightcrime.org/news/insight-crimes-2021homicide-round-up/ (last visited on March 6, 2023).
73 Martı
´nez, Carlos, Collapsed Government Talks
with MS–13 Sparked Record Homicides in El
Salvador, Audios Reveal, El Faro (El Sal.), May 17,
2022, available at https://www.nytimes.com/2022/
04/28/world/americas/el-salvador-bukelegangs.html (last visited March 6, 2023).
74 El Salvador’s Nayib Bukele: Strong and Getting
Stronger, America’s Quarterly, Feb. 23, 2021,
available at https://www.americasquarterly.org/
article/aq-podcast-el-salvadors-nayib-bukele-strongand-getting-stronger/ (last visited March 6, 2023).
75 El Salvador: Authoritarian Actions and U.S.
Response, Congressional Research Service, p.1, Dec.
23, 2021, available at https://crsreports.
congress.gov/product/pdf/IN/IN11658 (last visited
March 6, 2023).
76 El Salvador: Authoritarian Actions and U.S.
Response, Congressional Research Service, p.2, Dec.
23, 2021, available at https://crsreports.
congress.gov/product/pdf/IN/IN11658 (last visited
March 6, 2023).
77 Renteria, Nelson, In El Salvador’s gang
crackdown, quotas drive ‘arbitrary’ arrests of
innocents, Reuters, May 16, 2022, available at
https://www.reuters.com/world/americas/el-
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This initial month-long crackdown on
gangs has been regularly renewed since
then, with the latest renewal announced
in March 2023.78 As of March 2023,
more than 65,000 people had been
arrested under these orders, and human
rights groups claim that many of the of
the mass detentions could amount to
arbitrary detentions based on ‘‘poorly
substantiated investigations or crude
profiling of the physical appearance or
social background of those detained.’’ 79
Human Rights Watch reported that the
government’s emergency provisions
suspended privacy rights, freedom of
association and peaceful assembly, and
some fair trial guarantees and other
applicable legal protections.80 Amnesty
International has documented that
authorities in El Salvador have
dismantled judicial independence and
committed torture and thousands of
arbitrary detentions and violations of
fair trial guarantees and other applicable
legal protections.81
Since March 2022, police and soldiers
have been conducting raids and
arresting thousands at their home and in
the street.82 The number of arrests under
the state of emergency increased to
50,000 as of mid-August 2022.83 Official
statistics and other government
information has become increasingly
difficult to access under the state of
emergency, and authorities reportedly
have changed ‘‘what counts as a
salvadors-gang-crackdown-quotas-drive-arbitraryarrests-innocents-2022-05-16/ (last visited March 6,
2023).
78 El Salvador urged to uphold human rights amid
state of emergency, United Nations News, Mar. 28,
2023, available at https://news.un.org/en/story/
2023/03/1135097 (last visited March 30, 2023).
79 El Salvador urged to uphold human rights amid
state of emergency, United Nations News, Mar. 28,
2023, available at https://news.un.org/en/story/
2023/03/1135097 (last visited March 30, 2023);
How is a ‘state of exception’ changing El Salvador?,
Al Jazeera, June 7, 2022, available at https://
www.aljazeera.com/program/the-stream/2022/6/7/
what-is-the-true-impact-of-el-salvadors-state-of (last
visited March 6, 2023).
80 El Salvador: Evidence of Serious Abuse in State
of Emergency, Human Rights Watch, May 2, 2022,
available at https://www.hrw.org/news/2022/05/02/
el-salvador-evidence-serious-abuse-state-emergency
(last visited March 6, 2023).
81 Tucker, Duncan, Eviscerating Human Rights Is
Not The Answer To El Salvador’s Gang Problem,
Amnesty International, Aug. 31, 2022, available at
https://www.amnesty.org/en/latest/news/2022/08/
eviscerating-human-rights-el-salvador-gangproblem/ (last visited March 6, 2023).
82 El Salvador: Evidence of Serious Abuse in State
of Emergency, Human Rights Watch, May 2, 2022,
available at https://www.hrw.org/news/2022/05/02/
el-salvador-evidence-serious-abuse-state-emergency
(last visited March 6, 2023).
83 El Salvador extends state of exception as arrests
hit 50,000, Al Jazeera, Aug. 17, 2022, available at
https://www.aljazeera.com/news/2022/8/17/elsalvador-extends-state-of-exception-as-arrests-hit50000 (last visited March 6, 2023).
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homicide.’’ 84 The discrepancy between
reported homicide numbers and the
actual numbers of bodies reportedly
recovered from mass graves continues to
be of concern.85 Under President
Bukele, significant human rights abuses
and violations by security forces are
widely reported to continue, including
unlawful disappearances, torture, and
extrajudicial killings of suspected gang
members.86
The Internal Displacement Monitoring
Centre (IDMC) noted in a 2018 report
that ‘‘[d]isplacement caused by crime
and violence has, by any measure, risen
to the level of a humanitarian crisis in
El Salvador.’’ 87 In July 2018, internal
forced displacement was officially
recognized by the Supreme Court of El
Salvador.88 In January 2020, the
Legislative Assembly approved the
‘‘Special Law for the Comprehensive
Care and Protection of People in a
situation of Forced Internal
Displacement,’’ a fundamental
instrument to provide care, protection,
and lasting solutions to people
internally displaced due to violence
from organized crime and criminal
gangs, as well as those who may be at
risk of displacement.89 In August 2021,
the United Nations High Commissioner
for Refugees (UNHCR) reported that
communities in El Salvador are severely
affected by gang violence, extortion,
death threats, and sexual violence, as
84 Renteria, Nelson, In El Salvador, discrepancy
over deaths and mass graves alarms critics, Reuters,
Aug. 3, 2022, available at https://www.reuters.com/
world/americas/el-salvador-discrepancy-overdeaths-mass-graves-alarms-critics-2022-08-03/ (last
visited March 6, 2023).
85 Renteria, Nelson, In El Salvador, discrepancy
over deaths and mass graves alarms critics, Reuters,
Aug. 3, 2022, available at https://www.reuters.com/
world/americas/el-salvador-discrepancy-overdeaths-mass-graves-alarms-critics-2022-08-03/ (last
visited March 6, 2023).
86 US Department of State, 2021 Country Report
on Human Rights Practices: El Salvador, April 12,
2022, https://www.ecoi.net/en/document/
2071137.html (last visited March 6, 2023).
87 Knox, Vickie, An Atomised Crisis: Reframing
displacement caused by crime and violence in El
Salvador, Internal Displacement Monitoring Centre
(IDMC), p.6, Sept. 2018, available at https://
www.internal-displacement.org/sites/default/files/
publications/documents/201809-el-salvador-anatomised-crisis-en.pdf (last visited March 6, 2023).
88 Fact Sheet > El Salvador, United Nations High
Commissioner for Refugees (UNHCR), p.2, Aug.
2021, available at https://reporting.unhcr.org/sites/
default/files/El%20Salvador
%20Factsheet%20August%202021.pdf (last visited
March 6, 2023).
89 Fact Sheet > El Salvador, United Nations High
Commissioner for Refugees (UNHCR), p.2, Aug.
2021, available at https://reporting.unhcr.org/sites/
default/files/El%20Salvador%20Factsheet
%20August%202021.pdf (last visited March 6,
2023).
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well as other serious human rights
violations.90
Gang violence and lack of access to
effective protection has forced tens of
thousands to flee internally since
2006.91 Violence and lack of
opportunities have forced people to
leave their homes in search of
protection, access to basic services and
livelihood opportunities. COVID–19 has
exacerbated the needs of internally
displaced persons and those at risk of
displacement by impacting their access
to protection and livelihoods.92 While
President Bukele’s tactics have caused a
decrease in the rate of gang violence,
severe gang violence persists, and the
tactics used by the Bukele
administration have failed to address
the root causes of gang membership,
including poverty and insecurity, which
are exacerbated by the lingering effects
of major environmental disasters.
Impoverished individuals are less likely
to move to safer areas due to lack of
financial resources and the geographic
areas where they can afford to live are
more likely to be gang-impacted and
environmentally degraded.93
In summary, while progress has been
made in repairing damage caused by the
2001 earthquakes, El Salvador continues
to experience numerous natural
disasters that significantly disrupt living
conditions and adversely impact its
ability to adequately handle the return
of those granted TPS. A weak
macroeconomic environment, a high
rate of unemployment, violence, and a
poor security situation adversely impact
the country’s ability to fully recover and
continue to render the country
temporarily unable to adequately handle
the return of its nationals.
Based upon this review and after
consultation with appropriate U.S.
Government agencies, the Secretary has
determined that:
• At the time the Secretary’s decision
to terminate El Salvador’s designation
90 Fact Sheet > El Salvador, United Nations High
Commissioner for Refugees (UNHCR), p.1, Aug.
2021, available at https://reporting.unhcr.org/sites/
default/files/El%20Salvador
%20Factsheet%20August%202021.pdf (last visited
March 6, 2023).
91 Fact Sheet > El Salvador, United Nations High
Commissioner for Refugees (UNHCR), p.2, Aug.
2021, available at https://reporting.unhcr.org/sites/
default/files/El%20Salvador%20Factsheet
%20August%202021.pdf (last visited March 6,
2023).
92 Fact Sheet > El Salvador, United Nations High
Commissioner for Refugees (UNHCR), p.1, Aug.
2021, available at https://reporting.unhcr.org/sites/
default/files/El%20Salvador%20Factsheet
%20August%202021.pdf (last visited March 6,
2023).
93 Disaster risk reduction in El Salvador, Texas
A&M University, May 3, 2022, condevcenter.org/
Portals/0/El%20Salvador%20Capstone
%202022.pdf (last visited: March 6, 2023).
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for TPS was announced on January 18,
2018, conditions in El Salvador
continued to support the country’s
designation for TPS on the ground of
environmental disaster; therefore, the
termination should be rescinded and
such rescission is timely given that the
termination has not yet gone into effect.
See INA section 244(b)(1)(B), 8 U.S.C.
1254a(b)(1)(B).
• The conditions supporting El
Salvador’s designation for TPS still
continue to be met. See INA section
244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
• There has been an earthquake,
flood, drought, epidemic, or other
environmental disaster in El Salvador
resulting in a substantial, but temporary,
disruption of living conditions in the
area affected; El Salvador is unable,
temporarily, to handle adequately the
return of its nationals; and El Salvador
officially requested designation of TPS.
See INA section 244(b)(1)(B), 8 U.S.C.
1254a(b)(1)(B);
• The designation of El Salvador for
TPS should be extended for an 18month period, beginning on September
10, 2023 and ending on March 9, 2025.
See INA section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C).
Notice of the Rescission of TPS
Termination and Extension of the TPS
Designation of El Salvador
Pursuant to my lawful authorities,
including under sections 103(a) and 244
of the Immigration and Nationality Act,
I am hereby rescinding the termination
of the TPS designation of El Salvador
announced in the Federal Register at 83
FR 2654 on January 18, 2018. Due to
this rescission and pursuant to INA
section 244(b)(3)(C), as well as the
ongoing preliminary injunction in
Ramos v. Nielsen, 336 F. Supp. 3d 1075
(N.D. Cal. 2018), the TPS designation of
El Salvador has continued to
automatically extend under the statute
since July 8, 2016, without a standing
secretarial determination as to whether
TPS should be extended or terminated.
TPS beneficiaries under the designation,
whose TPS has not been finally
withdrawn for individual ineligibility,
therefore have continued to maintain
their TPS since March 9, 2018.
By the authority vested in me as
Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after
consultation with the appropriate U.S.
Government agencies, the statutory
conditions supporting El Salvador’s
designation for TPS on the basis of
environmental disaster continue to be
met. See INA sections 244(b)(1)(B) and
244(b)(3)(A); 8 U.S.C. 1254a(b)(1)(B) and
1254a(b)(3)(A). On the basis of this
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determination, I am extending the
existing designation of El Salvador for
TPS for 18 months, beginning on
September 10, 2023 and ending on
March 9, 2025. See INA section
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Individuals holding TPS under the
designation of El Salvador may file to
reregister for TPS under the procedures
announced in this notice if they wish to
continue their TPS under this 18-month
extension.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
Eligibility and Employment
Authorization for TPS
Required Application Forms and
Application Fees To Re-Register for
TPS
To re-register for TPS based on the
designation of El Salvador, you must
submit a Form I–821, Application for
Temporary Protected Status during the
60-day reregistration period that starts
on July 12, 2023 and ends on September
10, 2023. There is no Form I–821 fee for
re-registration. See 8 CFR 244.17. You
may be required to pay the biometric
services fee. If you can demonstrate an
inability to pay the biometric services
fee, you may request to have the fee
waived. Please see additional
information under the ‘‘Biometric
Services Fee’’ section of this notice.
Individuals who have an El Salvador
TPS application (Form I–821) that was
still pending as of June 21, 2023 do not
need to file the application again. If
USCIS approves an individual’s Form I–
821, USCIS will grant the individual
TPS through March 9, 2025.
Required Application Forms and
Application Fees To Obtain an EAD
Every employee must provide their
employer with documentation showing
they have a legal right to work in the
United States. TPS beneficiaries are
authorized to work in the United States
and are eligible for an EAD which
proves their employment authorization.
If you have an existing EAD issued
under the TPS designation of El
Salvador that has been auto-extended
through June 30, 2024 by the notice
published at 87 FR 68717, you may
continue to use that EAD through that
date. If you want to obtain a new EAD
valid through March 9, 2025, you must
file an Application for Employment
Authorization (Form I–765) and pay the
Form I–765 fee (or request a fee waiver,
which you may submit on Form I–912,
Request for Fee Waiver).
You may, but are not required to,
submit Form I–765, Application for
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Employment Authorization, with your
Form I–821 re-registration application.
If you do not want a new EAD now, you
can request one later by filing your
I–765 and paying the fee (or requesting
a fee waiver) at that time, provided you
have TPS or a pending TPS application.
If you have TPS and only a pending
Form I–765, you must file the Form
I–821 to reregister for TPS or risk having
your TPS withdrawn for failure to
reregister without good cause.
Information About Fees and Filing
USCIS offers the option to applicants
for TPS under El Salvador’s designation
to file Form I–821 and related requests
for EADs online or by mail. When filing
a TPS application, applicants can also
request an EAD by submitting a
completed Form I–765, with their Form
I–821.
Online filing: Form I–821 and I–765
are available for concurrent filing
online.94 To file these forms online, you
must first create a USCIS online
account.95 However, if you are
requesting a fee waiver, you cannot
40291
submit the applications online. You will
need to file paper versions of the fee
waiver request and the form for which
you are requesting the fee waiver.
Mail filing: Mail your application for
TPS to the proper address in Table 1.
Table 1—Mailing Addresses: Mail
your completed Form I–821,
Application for Temporary Protected
Status and Form I–765, Application for
Employment Authorization, Form I–
912, Request for Fee Waiver, if
applicable, and supporting
documentation to the proper address in
Table 1.
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TABLE 1—MAILING ADDRESSES
If you live in:
Then mail your application to:
• Texas ........................................
USCIS Dallas Lockbox.
U.S. Postal Service (USPS): USCIS, Attn: TPS El Salvador, P.O. Box 660864, Dallas, TX 75266–0864.
FedEx, UPS, or DHL: USCIS, Attn: TPS El Salvador (Box 660864), 2501 S State Highway 121 Business,
Suite 400, Lewisville, TX 75067–8003.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
American Samoa ......................
Arizona.
California.
Connecticut.
Delaware.
District of Columbia.
Georgia.
Guam.
Illinois.
Indiana.
Kentucky.
Maine.
Massachusetts.
Michigan.
Nevada.
New Hampshire.
New Jersey.
North Carolina.
Northern Mariana Islands.
Ohio.
Oregon.
Pennsylvania.
Puerto Rico.
Rhode Island.
South Carolina.
Vermont.
Virgin Islands.
Virginia.
Washington.
West Virginia.
USCIS Chicago Lockbox.
U.S. Postal Service (USCIS): USPS, Attn: TPS El Salvador, P.O. Box 8635, Chicago, IL 60680–8635.
FedEx, UPS, or DHL: USCIS, Attn: TPS El Salvador (Box 8635), 131 S. Dearborn St., 3rd Floor, Chicago, IL
60603–5517.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Alabama ....................................
Alaska.
Arkansas.
Colorado.
Florida.
Hawaii.
Idaho.
Iowa.
Kansas.
Louisiana.
Maryland.
Minnesota.
Mississippi.
Missouri.
USCIS Elgin Lockbox.
U.S. Postal Service (USPS): USCIS, Attn: TPS El Salvador, P.O. Box 4091, Carol Stream, IL 60197–4091.
FedEx, UPS, or DHL: USCIS, Attn: TPS El Salvador (Box 4091), 2500 Westfield Drive, Elgin, IL 60124–
7836.
94 Find information about online filing at ‘‘Forms
Available to File Online,’’ https://www.uscis.gov/
file-online/forms-available-to-file-online.
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95 https://myaccount.uscis.gov/users/sign_up.
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
TABLE 1—MAILING ADDRESSES—Continued
If you live in:
•
•
•
•
•
•
•
•
•
•
•
Then mail your application to:
Montana.
Nebraska.
New Mexico.
New York.
North Dakota.
Oklahoma.
South Dakota.
Tennessee.
Utah.
Wisconsin.
Wyoming.
If you were granted TPS by an
immigration judge (IJ) or the Board of
Immigration Appeals (BIA) and you
wish to request an EAD, please mail
your Form I–765 application to the
appropriate mailing address in Table 1.
When you are requesting an EAD based
on an IJ/BIA grant of TPS, please
include a copy of the IJ or BIA order
granting you TPS with your application.
This will help us verify your grant of
TPS and process your application.
Supporting Documents
The filing instructions on the Form I–
821 list all the documents needed to
establish eligibility for TPS. You may
also find information on the acceptable
documentation and other requirements
for applying (i.e., registering) for TPS on
the USCIS website at https://
www.uscis.gov/tps under ‘‘El Salvador.’’
Travel
TPS beneficiaries may also apply for
and be granted travel authorization as a
matter of discretion. You must file for
travel authorization if you wish to travel
outside of the United States. If granted,
travel authorization gives you
permission to leave the United States
and return during a specific period. To
request travel authorization, you must
file Form I–131, Application for Travel
Document, available at https://
www.uscis.gov/i-131. You may file Form
I–131 together with your Form I–821 or
separately. When filing the Form I–131,
you must:
• Select Item Number 1.d. in Part 2
on the Form I–131; and
• Submit the fee for the Form I–131,
or request a fee waiver, which you may
submit on Form I–912, Request for Fee
Waiver.
If you are filing Form I–131 together
with Form I–821, send your forms to the
address listed in Table 1. If you are
filing Form I–131 separately based on a
pending or approved Form I–821, send
your form to the address listed in Table
2 and include a copy of Form I–797 for
the approved or pending Form I–821.
TABLE 2—MAILING ADDRESSES
If you are . . .
Mail to . . .
Filing Form I–131 together with a Form I–821, Application for Temporary Protected Status
Filing Form I–131 based on a pending or approved Form I–821, and
you are using the U.S. Postal Service (USPS):
You must include a copy of the receipt notice (Form I–797 or I–
797C) showing we accepted or approved your Form I–821.
Filing Form I–131 based on a pending or approved Form I–821, and
you are using FedEx, UPS, or DHL:
You must include a copy of the receipt notice (Form I–797 or I–
797C) showing we accepted or approved your Form I–821.
The address provided in Table 1.
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Biometric Services Fee for TPS
Biometrics (such as fingerprints) are
required for all applicants 14 years of
age and older. Those applicants must
submit a biometric services fee. As
previously stated, if you are unable to
pay the biometric services fee, you may
request a fee waiver, which you may
submit on Form I–912, Request for Fee
Waiver. For more information on the
application forms and fees for TPS,
please visit the USCIS TPS web page at
https://www.uscis.gov/tps. Fees for
Form I–765 and biometric services are
also described in 8 CFR 103.7(b)(1) (Oct.
1, 2020). If necessary, you may be
required to visit an Application Support
Center to have your biometrics
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USCIS, Attn: I–131 TPS, P.O. Box 660167, Dallas, TX 75266–0867.
USCIS, Attn: I–131 TPS, 2501 S State Hwy. 121, Business Ste. 400,
Lewisville, TX 75067.
captured. For additional information on
the USCIS biometric screening process,
please see the USCIS Customer Profile
Management Service Privacy Impact
Assessment, available at https://
www.dhs.gov/publication/dhsuscispia060-customer-profile-managementservice-cpms.
Refiling a TPS Re-Registration
Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible
within the 60-day re-registration period
so USCIS can process your application
and issue your EAD promptly, if one has
been requested. Properly filing early
will also allow you to have time to refile
your application before the deadline,
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should USCIS deny your fee waiver
request. The fee waiver denial notice
will contain specific instructions about
resubmitting your application. However,
you are urged to refile within 45 days
of the date on any USCIS fee waiver
denial notice, if possible. See INA
section 244(c)(3)(C); 8 U.S.C.
1254a(c)(3)(C); 8 CFR 244.17(b). For
more information on good cause for late
re-registration, visit the USCIS TPS web
page at www.uscis.gov/tps.
Note: A re-registering TPS beneficiary age
14 and older must pay the biometric services
fee (but not the Form I–821 fee), or request
a fee waiver, when filing a TPS re-registration
application. As discussed above, if you
decide to wait to request an EAD, you do not
have to file the Form I–765 or pay the
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associated Form I–765 fee (or request a fee
waiver) at the time of re-registration. You
may wait to seek an EAD until after USCIS
has approved your TPS re-registration
application or at any later date you decide
you want to request an EAD. To re-register
for TPS, you only need to file the Form I–
821 with the biometrics services fee, if
applicable (or request a fee waiver).
General Employment-Related
Information for TPS Applicants and
Their Employers
How can I obtain information on the
status of my TPS application and EAD
request?
To get case status information about
your TPS application, as well as the
status of your TPS-based EAD request,
you can check Case Status Online at
uscis.gov, or visit the USCIS Contact
Center at https://www.uscis.gov/
contactcenter. If your Form I–765 has
been pending for more than 90 days,
and you still need assistance, you may
ask a question about your case online at
https://egov.uscis.gov/e-request/Intro.do
or call the USCIS Contact Center at 800–
375–5283 (TTY 800–767–1833).
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When hired, what documentation may I
show to my employer as evidence of
identity and employment authorization
when completing Form I–9?
You can find the Lists of Acceptable
Documents on Form I–9, Employment
Eligibility Verification, as well as the
Acceptable Documents web page at
https://www.uscis.gov/i-9-central/
acceptable-documents. Employers must
complete Form I–9 to verify the identity
and employment authorization of all
new employees. Within three days of
hire, employees must present acceptable
documents to their employers as
evidence of identity and employment
authorization to satisfy Form I–9
requirements.
You may present any document from
List A (which provides evidence of both
identity and employment authorization)
or one document from List B (which
provides evidence of your identity)
together with one document from List C
(which provides evidence of
employment authorization), or you may
present an acceptable receipt as
described in the Form I–9 Instructions.
Employers may not reject a document
based on a future expiration date. You
can find additional information about
Form I–9 on the I–9 Central web page
at https://www.uscis.gov/I-9Central. An
EAD is an acceptable document under
List A.
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If I have an EAD based on another
immigration status, can I obtain a new
TPS-based EAD?
Yes, if you are eligible for TPS, you
can obtain a new TPS-based EAD,
regardless of whether you have an EAD
or work authorization based on another
immigration status. If you want to
obtain a new TPS-based EAD valid
through March 9, 2025, then you must
file Form I–765, Application for
Employment Authorization, and pay the
associated fee (unless USCIS grants your
fee waiver request).
Can my employer require that I provide
any other documentation such as
evidence of my status or proof of my
Salvadoran citizenship or a Form I–
797C showing that I registered for TPS
for Form I–9 completion?
No. When completing Form I–9,
employers must accept any
documentation you choose to present
from the Form I–9 Lists of Acceptable
Documents that reasonably appears to
be genuine and that relates to you, or an
acceptable List A, List B, or List C
receipt. Employers need not reverify
List B identity documents. Employers
may not request proof of Salvadoran
citizenship or proof of registration for
TPS when completing Form I–9 for new
hires or reverifying the employment
authorization of current employees.
Refer to the ‘‘Note to Employees’’
section of this Federal Register notice
for important information about your
rights if your employer rejects lawful
documentation, requires additional
documentation, or otherwise
discriminates against you based on your
citizenship or immigration status, or
your national origin. Employers can
refer to the compliance notice that DHS
published on November 16, 2022, for
information on how to complete the
Form I–9 with TPS EADs that DHS
extended through June 30, 2024.96
Note to All Employers
Employers are reminded that the laws
requiring proper employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Federal Register notice does not
supersede or in any way limit
applicable employment verification
rules and policy guidance, including
those rules setting forth reverification
requirements. For general questions
about the employment eligibility
96 Continuation of Documentation for
Beneficiaries of Temporary Protected Status
Designations for El Salvador, Haiti, Nicaragua,
Sudan, Honduras, and Nepal, 87 FR 68717 (Nov.
16, 2022).
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verification process, employers may call
USCIS at 888–464–4218 (TTY 877–875–
6028) or email USCIS at I-9Central@
uscis.dhs.gov. USCIS accepts calls and
emails in English and many other
languages. For questions about avoiding
discrimination during the employment
eligibility verification process (Form I–
9 and E-Verify), employers may call the
U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee
Rights Section (IER) Employer Hotline
at 800–255–8155 (TTY 800–237–2515).
IER offers language interpretation in
numerous languages. Employers may
also email IER at IER@usdoj.gov.
Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email USCIS at I-9Central@
uscis.dhs.gov. USCIS accepts calls in
English, Spanish and many other
languages. Employees or job applicants
may also call the IER Worker Hotline at
800–255–7688 (TTY 800–237–2515) for
information regarding employment
discrimination based on citizenship,
immigration status, or national origin,
including discrimination related to
Form I–9 and E-Verify. The IER Worker
Hotline provides language interpretation
in numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt as described in the Form I–9
Instructions. Employers may not require
extra or additional documentation
beyond what is required for Form I–9
completion. Further, employers
participating in E-Verify who receive an
E-Verify case result of ‘‘Tentative
Nonconfirmation’’ (mismatch) must
promptly inform employees of the
mismatch and give such employees an
opportunity to take action to resolve the
mismatch. A mismatch result means
that the information entered into EVerify from Form I–9 differs from
records available to DHS.
Employers may not terminate,
suspend, delay training, withhold or
lower pay, or take any adverse action
against an employee because of a
mismatch while the case is still pending
with E-Verify. A Final Nonconfirmation
(FNC) case result is received when EVerify cannot confirm an employee’s
employment eligibility. An employer
may terminate employment based on a
case result of FNC. Work-authorized
employees who receive an FNC may call
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
USCIS for assistance at 888–897–7781
(TTY 877–875–6028). For more
information about E-Verify-related
discrimination or to report an employer
for discrimination in the E-Verify
process based on citizenship,
immigration status, or national origin,
contact IER’s Worker Hotline at 800–
255–7688 (TTY 800–237–2515).
Additional information about proper
nondiscriminatory Form I–9 and EVerify procedures is available on the
IER website at https://www.justice.gov/
crt/immigrant-and-employee-rightssection and the USCIS and E-Verify
websites at https://www.uscis.gov/i-9central and https://www.e-verify.gov.
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Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
This Federal Register Notice does not
invalidate the compliance notice DHS
issued on November 16, 2022, which
extended the validity of certain TPS
documentation through June 30, 2024
and does not require individuals to
present a Form I–797, Notice of Action.
While Federal Government agencies
must follow the guidelines laid out by
the Federal Government, State and local
government agencies establish their own
rules and guidelines when granting
certain benefits. Each state may have
different laws, requirements, and
determinations about what documents
you need to provide to prove eligibility
for certain benefits. Whether you are
applying for a Federal, State, or local
government benefit, you may need to
provide the government agency with
documents that show you are a TPS
beneficiary, show you are authorized to
work based on TPS or other status, or
that may be used by DHS to determine
if you have TPS or another immigration
status. Examples of such documents are:
• Your current EAD with a TPS
category code of A–12 or C–19, even if
your country of birth noted on the EAD
does not reflect the TPS designated
country of El Salvador; or
• Your Form I–94, Arrival/Departure
Record or Form I–797, Notice of Action,
as shown in the Federal Register notice
published at 87 FR 68717.
Check with the government agency
requesting documentation regarding
which document(s) the agency will
accept. Some state and local government
agencies use SAVE to confirm the
current immigration status of applicants
for public benefits.
While SAVE can verify that an
individual has TPS, each state and local
government agency’s procedures govern
whether they will accept an unexpired
EAD, Form I–797, Form I–797C, or Form
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18:36 Jun 20, 2023
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I–94. It may also assist the agency if
you:
a. Give the agency a copy of the
relevant Federal Register notice listing
the TPS-related document, including
any applicable auto-extension of the
document, in addition to your recent
TPS-related document with your Anumber, USCIS number or Form I–94
number;
b. Explain that SAVE will be able to
verify the continuation of your TPS
using this information; and
c. Ask the agency to initiate a SAVE
query with your information and follow
through with additional verification
steps, if necessary, to get a final SAVE
response verifying your TPS.
You can also ask the agency to look
for SAVE notices or contact SAVE if
they have any questions about your
immigration status or any automatic
extension of TPS-related
documentation. In most cases, SAVE
provides an automated electronic
response to benefit-granting agencies
within seconds, but occasionally
verification can be delayed.
You can check the status of your
SAVE verification by using CaseCheck
at https://save.uscis.gov/casecheck/.
CaseCheck is a free service that lets you
follow the progress of your SAVE
verification case using your date of birth
and one immigration identifier number
(A-number, USCIS number, or Form I–
94 number) or Verification Case
Number. If an agency has denied your
application based solely or in part on a
SAVE response, the agency must offer
you the opportunity to appeal the
decision in accordance with the
agency’s procedures. If the agency has
received and acted on or will act on a
SAVE verification and you do not
believe the SAVE response is correct,
the SAVE website, www.uscis.gov/save,
has detailed information on how to
correct or update your immigration
record, make an appointment, or submit
a written request to correct records.
[FR Doc. 2023–13018 Filed 6–20–23; 8:45 am]
BILLING CODE 9111–97–P
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2735–22; DHS Docket No. USCIS–
2014–0006]
RIN 1615–ZB69
Reconsideration and Rescission of
Termination of the Designation of
Nicaragua for Temporary Protected
Status; Extension of the Temporary
Protected Status Designation for
Nicaragua
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice of Reconsideration and
Rescission of Termination of the
Designation of Nicaragua for Temporary
Protected Status (TPS) and Notice of
Extension of TPS Designation for
Nicaragua.
AGENCY:
Through this notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
rescinding the previous termination of
the designation of Nicaragua for TPS,
which was published on December 15,
2017 and extending the designation of
Nicaragua for Temporary Protected
Status (TPS) for 18 months, beginning
on January 6, 2024 and ending on July
5, 2025. This extension allows existing
TPS beneficiaries to retain TPS through
July 5, 2025, so long as they otherwise
continue to meet the eligibility
requirements for TPS. Existing TPS
beneficiaries who wish to extend their
status through July 5, 2025, must reregister during the 60-day re-registration
period as described in this notice.
DATES: The Rescission of Termination of
the Designation of Nicaragua for TPS
took effect June 9, 2023.
Extension of Designation of Nicaragua
for TPS: The 18-month extension of TPS
for Nicaragua begins on January 6, 2024,
and will remain in effect through July 5,
2025. The extension impacts existing
beneficiaries of TPS under the
designation of Nicaragua.
Re-registration: The 60-day reregistration period for existing
beneficiaries runs from November 6,
2023, through January 5, 2024.
FOR FURTHER INFORMATION CONTACT:
• You may contact Rena´ CutlipMason, Chief, Humanitarian Affairs
Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, by mail at 5900 Capital
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40282-40294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13018]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2732-22; DHS Docket No. USCIS-2008-0034]
RIN 1615-ZB71
Reconsideration and Rescission of Termination of the Designation
of El Salvador for Temporary Protected Status; Extension of the
Temporary Protected Status Designation for El Salvador
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Reconsideration and Rescission of Termination of the
Designation of El Salvador for Temporary Protected Status (TPS) and
Notice of Extension of TPS Designation for El Salvador.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
rescinding the previous termination of the designation of El Salvador
for TPS, which was published on January 18, 2018 and extending the
designation of El Salvador for Temporary Protected Status (TPS) for 18
months, beginning on September 10, 2023, and ending on March 9, 2025.
This extension allows existing TPS beneficiaries to retain TPS through
March 9, 2025, so long as they otherwise continue to meet the
eligibility requirements for TPS. Existing TPS beneficiaries who wish
to extend their status through March 9, 2025, must re-register during
the 60-day re-registration period as described in this notice.
DATES: The Rescission of Termination of the Designation of El Salvador
for TPS took effect June 9, 2023.
Extension of Designation of El Salvador for TPS: The 18-month
extension of TPS for El Salvador begins on September 10, 2023, and will
remain in effect through March 9, 2025. The extension impacts existing
beneficiaries of TPS under the designation of El Salvador.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from July 12, 2023 through September 10, 2023.
FOR FURTHER INFORMATION CONTACT:
You may contact Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 800-375-5283.
For further information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at https://www.uscis.gov/tps. You can find
specific information about El Salvador's TPS designation by selecting
``El Salvador'' from the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at uscis.gov, or visit the USCIS Contact Center at https://www.uscis.gov/contactcenter.
Further information will also be available at local USCIS
offices upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
[[Page 40283]]
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action (TPS)
Through this notice, DHS announces the reconsideration and
rescission of the termination of the designation of El Salvador for TPS
and the Secretary's decision to extend the TPS designation for 18
months from September 10, 2023 through March 9, 2025. This notice also
sets forth procedures necessary for nationals of El Salvador (or
individuals having no nationality who last habitually resided in El
Salvador) to re-register for TPS and to apply for renewal of their EADs
with USCIS.
Re-registration is limited to individuals who have previously
registered or re-registered for TPS under El Salvador's designation,
whose applications were granted, and whose TPS has not been withdrawn
for individual ineligibility for the benefit. Failure to re-register
properly within the 60-day re-registration period may result in the
withdrawal of your TPS following appropriate procedures. See 8 CFR
244.14.
For individuals who have already been granted TPS under El
Salvador's designation, the 60-day re-registration period runs from
July 12, 2023 through September 10, 2023. USCIS will issue new EADs
with a March 9, 2025 expiration date to eligible Salvadoran TPS
beneficiaries who timely re-register and apply for EADs.
Individuals who have an El Salvador TPS application (Form I-821)
and Application for Employment Authorization (Form I-765) that were
still pending as of June 21, 2023 do not need to file either
application again. If USCIS approves an individual's pending Form I-
821, USCIS will grant the individual TPS through March 9, 2025.
Similarly, if USCIS approves a pending TPS-related Form I-765 filed in
connection with a Form I-821, USCIS will issue the individual a new EAD
that will be valid through the same date. If you have TPS and only a
pending Form I-765, you must file the Form I-821 to re-register for TPS
or risk having your TPS withdrawn for failure to timely re-register
without good cause. There are currently approximately 239,000
beneficiaries under El Salvador's TPS designation who may be eligible
to continue their TPS under the extension announced in this Notice.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state before arrival in the United States,
regardless of their country of birth.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to obtain EADs so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of DHS discretion.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
When was El Salvador designated for TPS?
El Salvador was initially designated for TPS on the basis of
environmental disaster, following two separate massive earthquakes in
2001 \1\ that resulted in a substantial disruption of living
conditions, at the request of the country's government, and because El
Salvador temporarily was unable to handle adequately the return of its
nationals. See Designation of El Salvador Under Temporary Protected
Status Program, 66 FR 14214 (Mar. 9, 2001). After its initial
designation, El Salvador's TPS designation was extended 11 consecutive
times \2\ (for periods of 12 or 18 months at a time) under the same
statutory basis of environmental disaster. The Secretary last extended
TPS for El Salvador from July 8, 2016 through March 9, 2018.\3\
Following the statutorily required review of the country conditions,
former Secretary Nielsen announced the termination of TPS for El
Salvador with an effective date of September 9, 2019.\4\ As discussed
below, this termination decision has been the subject of litigation and
a court order. As a result, the termination has not taken effect.
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\1\ El Salvador--Earthquakes Final Fact Sheet, Fiscal Year (FY)
2001, US Agency for International Development Situation Report,
Sept. 7, 2001, available at https://reliefweb.int/report/el-salvador/el-salvador-earthquakes-final-fact-sheet-fiscal-year-fy-2001 (last visited March 6, 2023). (The first earthquake on January
13, 2001, registered 7.6 in magnitude on the standard seismic scale;
the earthquake on February 13, 2001, one month later, measured 6.6
in magnitude.)
\2\ Extension of the Designation of El Salvador Under the
Temporary Protected Status Program; Automatic Extension of
Employment Authorization Documentation for Salvadorans, 67 FR 46000
(July 11, 2002); Extension of the Designation of El Salvador Under
Temporary Protected Status Program; Automatic Extension of
Employment Authorization Documentation for El Salvador, 68 FR 42071
(July 16, 2003); Extension of the Designation of Temporary Protected
Status for El Salvador; Automatic Extension of Employment
Authorization Documentation for El Salvador TPS Beneficiaries, 70 FR
1450 (Jan. 7, 2005); Extension of the Designation of Temporary
Protected Status for El Salvador; Automatic Extension of Employment
Authorization Documentation for El Salvadorian TPS Beneficiaries, 71
FR 34637 (June 15, 2006); Extension of the Designation of El
Salvador for Temporary Protected Status; Automatic Extension of
Employment Authorization Documentation for Salvadoran TPS
Beneficiaries, 72 FR 46649 (Aug. 21, 2007); Extension of the
Designation of El Salvador for Temporary Protected Status, 73 FR
57128 (Oct. 1, 2008); Extension of the Designation of El Salvador
for Temporary Protected Status and Automatic Extension of Employment
Authorization Documentation for Salvadoran TPS Beneficiaries, 75 FR
39556 (July 9, 2010); Extension of the Designation of El Salvador
for Temporary Protected Status and Automatic Extension of Employment
Authorization Documentation for Salvadoran TPS Beneficiaries, 77 FR
1710 (Jan. 11, 2012); Extension of the Designation of El Salvador
for Temporary Protected Status, 78 FR 32418, (May 30, 2013);
Extension of the Designation of El Salvador for Temporary Protected
Status, 80 FR 893 (Jan. 7, 2015); Extension of the Designation of El
Salvador for Temporary Protected Status, 81 FR 44645 (July 8, 2016).
\3\ Extension of the Designation of El Salvador for Temporary
Protected Status, 81 FR 44645 (July 8, 2016).
\4\ Termination of the Designation of El Salvador for Temporary
Protected Status, 83 FR 2654 (Jan. 18, 2018).
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[[Page 40284]]
Litigation Background Regarding Termination of Certain TPS Designations
In addition to El Salvador, in 2017-2018, TPS termination decisions
were also announced for five other countries by the Secretary or Acting
Secretary: Sudan, Nicaragua, Haiti, Nepal, and Honduras.\5\ Lawsuits
challenging the terminations were filed in the U.S. District Court for
the Northern District of California in Ramos v. Nielsen, 326 F. Supp.
3d 1075 (N.D. Cal. 2018), and Bhattarai v. Nielsen, No. 19-cv-00731
(N.D. Cal. Mar. 12, 2019), and in the U.S. District Court for the
Eastern District of New York in Saget v. Trump, 375 F. Supp. 3d 280
(E.D.N.Y. 2019).\6\ In Ramos, the district court granted a preliminary
injunction enjoining the terminations of TPS for El Salvador, Haiti,
Sudan, and Nicaragua and directed DHS to maintain the status quo and to
continue the TPS and TPS-related documentation of affected TPS
beneficiaries under those countries' designations. The U.S. Government
appealed, and a three-judge panel vacated the injunction. The appellate
court, however, has granted rehearing en banc of the panel decision,
vacating the panel's decision.\7\ The district court's preliminary
injunction thus remains in place. In Bhattarai, the district court has
stayed proceedings until the Ramos appeal is decided and approved the
parties' stipulation for the continuation of TPS and TPS-related
documentation for eligible, affected beneficiaries of TPS for Honduras
and Nepal during the stay and pendency of the Ramos appeal. In Saget,
the district court granted a preliminary injunction enjoining
termination of TPS for Haiti, and the Government appealed. However,
following the new TPS designation of Haiti in August 2021, the district
court dismissed the lawsuit based on the parties' stipulation to
dismissal.\8\ Beneficiaries under the TPS designations for El Salvador,
Nicaragua, Sudan, Haiti, Honduras, and Nepal will retain their TPS
while the preliminary injunction in Ramos remains in effect, and 120
days thereafter, provided that their TPS is not withdrawn because of
individual ineligibility.\9\
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\5\ Termination of the Designation of Sudan for Temporary
Protected Status, 82 FR 47228 (Oct. 11, 2017); Termination of the
Designation of Nicaragua for Temporary Protected Status, 82 FR 59636
(Dec. 15, 2017); Termination of the Designation of Haiti for
Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018); Termination
of the Designation of Nepal for Temporary Protected Status, 83 FR
23705 (May 22, 2018); Termination of the Designation of Honduras for
Temporary Protected Status, 83 FR 26074 (June 5, 2018). Haiti and
Sudan were later newly designated for TPS on August 3, 2021 and
April 19, 2022, respectively, for 18 months. See Designation of
Haiti for Temporary Protected Status, 86 FR 41863 (Aug. 3, 2021);
Designation of Sudan for Temporary Protected Status, 87 FR 23202
(Apr. 19, 2022).
\6\ See Ramos v. Nielsen, 336 F. Supp. 3d 1075 (N.D. Cal. 2018),
vacated, 975 F.3d 872 (9th Cir. 2020), reh'g en banc granted, 59
F.4th 1010 (Feb. 10, 2023); Bhattarai v. Nielsen, No. 19-cv-00731
(N.D. Cal. Mar. 12, 2019) (staying proceedings until Ramos appeal
decided and approved parties' stipulation for continued TPS and
issuance of TPS-related documentation to eligible, affected
beneficiaries of TPS for Honduras and Nepal during the stay and
pendency of the appeal). In 2019, the U.S. District Court for the
Eastern District of New York also enjoined the termination of the
2011 TPS designation for Haiti in Saget v. Trump, 375 F. Supp. 3d
280 (E.D.N.Y. 2019), and DHS cited to that order in previous notices
continuing the affected beneficiaries' TPS and documentation. See,
e.g., 86 FR 50725, 50726 (Sept. 10, 2021). However, the Saget case
was dismissed upon the court's approval of the parties' joint
Stipulation of Dismissal for mootness following the Secretary's new
18-month designation of Haiti for TPS on August 3, 2021, and DHS'
continuation of existing beneficiaries' TPS and related
documentation under the Ramos injunction through Dec. 31, 2022. See
id., Order approving Stipulation of Dismissal, dated Oct. 15, 2021.
Other litigation was filed relating to the terminations of El
Salvador, Honduras, and Haiti. A Haiti-related case, NAACP v. U.S.
Dept. of Homeland Security, No. 1:18-cv-00239 (D. Md. Jan. 24, 2018)
was dismissed on May 22, 2021, subsequent to the same DHS
designation. An El Salvador-related case, Casa de Maryland, v.
Biden, No. GJH-18-00845 (D. Md. Mar. 23, 2018), is currently stayed
until April 17, 2023. Centro Presente v. Biden, No. 1:18-cv-10340
(D. Mass. July 23, 2018), relating to El Salvador, Haiti, and
Honduras, is currently stayed until April 14, 2023.
\7\ See Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition
for reh'g en banc granted, 59 F.4th 1010 (Feb. 10, 2023) (No. 18-
16981).
\8\ See Saget v. Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019) and
Order approving Stipulation of Dismissal, dated Oct. 15, 2021.
\9\ As noted, Haiti was newly designated for TPS on August 3,
2021 for 18 months. See Designation of Haiti for Temporary Protected
Status, 86 FR 41863 (Aug. 3, 2021). On April 19, 2022, the Secretary
also newly designated Sudan TPS. See Designation of Sudan for
Temporary Protected Status, 87 FR 23202 (Apr. 19, 2022). Those
designations cover all Haitian and Sudanese nationals who were
eligible for TPS under the Haiti and Sudan TPS designations that
were terminated in 2018 and 2017, respectively.
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DHS has taken actions to ensure its continued compliance with the
court orders in Ramos and Bhattarai. DHS has published periodic notices
to continue TPS and extend the validity of TPS-related documentation
previously issued to beneficiaries under the TPS designations for El
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.\10\ The most
recent such notice continued TPS and extended the TPS-related documents
specified in the notice through June 30, 2024.\11\ These extensions
apply where the TPS beneficiary properly filed for re-registration
during either the most recent DHS-announced registration period for
their country, or any applicable previous DHS-announced re-registration
periods for the beneficiary's country, or has a re-registration
application that remains pending.\12\ Although the notice published at
87 FR 68717 remains valid, individuals who wish to remain eligible for
TPS under the extension of TPS for El Salvador announced in this notice
through March 9, 2025, and any potential future extensions must apply
for re-registration in accordance with the procedures announced in this
notice.\13\ Failure to timely re-register without good cause is a
ground for TPS withdrawal. See INA section 244(c)(3)(C), 8 U.S.C.
1254a(c)(3)(C); 8 CFR 244.17.
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\10\ 83 FR 54764 (Oct. 31, 2018); 84 FR 7103 (Mar. 1, 2019); 84
FR 20647 (May 10, 2019) (correction notice issued at 84 FR 23578
(May 22, 2019)); 84 FR 59403 (Nov. 4, 2019); 85 FR 79208 (Dec. 9,
2020); 86 FR 50725 (Sept. 10, 2021) (correction notice issued at 86
FR 52694 (Sept. 22, 2021)).
\11\ Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations of El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 87 FR 68717 (Nov. 16, 2022).
\12\ Id., at 68719, note 5 (listing acceptable re-registration
periods for each of the 6 countries).
\13\ Through the re-registration process, which is generally
conducted every 12 to 18 months while a foreign state is designated
for TPS, USCIS determines whether each TPS beneficiary is continuing
to maintain individual eligibility for TPS, including but not
limited to, the requirements related to disqualifying criminal or
security issues. Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 87 FR 68717, 68720 (Nov. 16,
2022) (noting potential future action for El Salvador TPS
beneficiaries may include a requirement to re-register).
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What authority does the Secretary have to reconsider and rescind the
termination of TPS for El Salvador and extend the prior designation?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\14\ The
decision to designate any foreign state
[[Page 40285]]
(or part thereof) is a discretionary decision, and there is no judicial
review of any determination with respect to the designation,
termination, or extension of a designation. See INA section
244(b)(5)(A); 8 U.S.C. 1254a(b)(5)(A).
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\14\ Although the text of INA section 244(b)(1) continues to
ascribe this power to the Attorney General, this authority is now
held by the Secretary of Homeland Security by operation of the
Homeland Security Act of 2002, Pub. L. 107-296, 116 Stat. 2135. See,
e.g., 6 U.S.C. 557; Nielsen v. Preap, 139 S. Ct. 954, 959 n.2
(2019). The Secretary may designate a country (or part of a country)
for TPS on the basis of ongoing armed conflict such that returning
would pose a serious threat to the personal safety of the country's
nationals and habitual residents, environmental disaster (including
an epidemic), or extraordinary and temporary conditions in the
country that prevent the safe return of the country's nationals. For
environmental disaster-based designations, certain other statutory
requirements must be met, including that the foreign government must
request TPS. A designation based on extraordinary and temporary
conditions cannot be made if the Secretary finds that allowing the
country's nationals to remain temporarily in the United States is
contrary to the U.S. national interest. INA section 244(b)(1).
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At least 60 days before the expiration of a foreign state's TPS
designation, the Secretary, after consultation with appropriate U.S.
Government agencies, must review the conditions in the foreign state
designated for TPS to determine whether they continue to meet the
conditions for the TPS designation. See INA section 244(b)(3)(A), 8
U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign
state no longer meets the conditions for TPS designation, the Secretary
must terminate the designation. See INA section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B). If the Secretary does not determine that the foreign
state no longer meets the conditions for TPS designation, the
designation is extended for an additional period of 6 months or, in the
Secretary's discretion, 12 or 18 months. See INA section 244(b)(3)(A),
(C); 8 U.S.C. 1254a(b)(3)(A), (C).
On January 18, 2018, the Secretary of Homeland Security issued
notice of her decision that El Salvador no longer continued to meet the
conditions for TPS designation and announced the termination of TPS for
El Salvador. The Secretary also announced an orderly transition period
of 18 months, such that the termination was set to go into effect on
September 9, 2019. On March 12, 2018, as noted above, plaintiffs in
Ramos filed suit challenging the termination decision for El Salvador,
as well as contemporaneous decisions to terminate TPS for Nicaragua,
Sudan, and Haiti. On October 3, 2018, the U.S. District Court for the
Northern District of California issued a preliminary injunction order
in Ramos, preventing the termination decision from going into effect
until the court reaches a decision on the merits of the plaintiffs'
claims and further directing that DHS maintain the status quo,
including continuing TPS and TPS-related documentation, such as
Employment Authorization Documents (EADs), for affected beneficiaries.
After reaching a stipulation with plaintiffs that no termination would
go in effect for at least 120 days following the conclusion of any
appeal, DHS has issued a series of Federal Register notices continuing
TPS and TPS-related documentation for affected TPS beneficiaries, with
the most recent continuation notice effective through June 30,
2024.\15\ As a result, the announced termination of the TPS designation
for El Salvador has never gone into effect, and TPS beneficiaries under
that designation have retained their TPS, unless it has been
individually withdrawn pursuant to INA section 244(c)(3), 8 U.S.C.
1254a(c)(3).
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\15\ See note 13 above.
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An agency has inherent (that is, statutorily implicit) authority to
revisit its prior decisions unless Congress has expressly limited that
authority.\16\ The TPS statute does not limit the Secretary's inherent
authority to reconsider any TPS-related determination, and upon
reconsideration, to change the determination. See INA sections
244(b)(3), (b)(5)(A); 8 U.S.C. 1254a(b)(3), (b)(5)(A).
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\16\ Ivy Sports Medicine, LLC v. Burwell, 767 F.3d 81, 86 (D.C.
Cir. 2014) (``[A]dministrative agencies are assumed to possess at
least some inherent authority to revisit their prior decisions, at
least if done in a timely fashion. . . . [I]nherent authority for
timely administrative reconsideration is premised on the notion that
the power to reconsider is inherent in the power to decide.''
(quotation marks and citations omitted)); Macktal v. Chao, 286 F.3d
822, 825-26 (5th Cir. 2002) (``It is generally accepted that in the
absence of a specific statutory limitation, an administrative agency
has the inherent authority to reconsider its decisions.'')
(collecting cases); Mazaleski v. Treusdell, 562 F.2d 701, 720 (D.C.
Cir. 1977) (``We have many times held that an agency has the
inherent power to reconsider and change a decision if it does so
within a reasonable period of time.'').
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Why is the Secretary rescinding the previous decision to terminate the
TPS designation for El Salvador?
After conducting an independent assessment of the country
conditions in El Salvador as they existed in 2018 and exist today, the
Secretary has determined that El Salvador's 2001 TPS designation should
not have been terminated. As explained below, the conditions in El
Salvador that gave rise to its TPS designation in 2001 persisted in
2018 and persist to this day. Accordingly, the Secretary is, upon
reconsideration, vacating the 2018 decision terminating El Salvador's
TPS designation and extending that designation for an additional 18
months.
El Salvador was initially designated for TPS in 2001 on
environmental disaster grounds \17\ following two separate earthquakes
that occurred that year. El Salvador suffered catastrophic damage as a
result of the 2001 earthquakes. Together, the earthquakes killed over
1,150 people,\18\ injured over 8,000, and affected more than 1.5
million people \19\ (approximately 25 percent of the population \20\).
The earthquakes damaged or destroyed over 300,000 homes, 2,647 public
schools and demolished critical infrastructure throughout the
country.\21\ The international community responded to the disaster with
a significant amount of aid, with the United States initially providing
$16 million in relief assistance and announcing another $52 million for
reconstruction assistance.\22\ Intergovernmental organizations and
other governments also provided substantial aid, including a $20
million emergency loan from the Inter-American Development Bank (IDB),
$4 million for World Food Programme (WFP) emergency operations, and
$1.3 billion in pledges from various countries.\23\
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\17\ Designation of El Salvador Under Temporary Protected Status
Program, 66 FR 14214 (Mar. 9, 2001).
\18\ Earthquakes Fast Facts, CNN Editorial Research, June 22,
2022, available at https://www.cnn.com/2013/07/05/world/earthquakes-fast-facts/ (last visited March 6, 2023).
\19\ El Salvador--Earthquakes Final Fact Sheet, Fiscal Year (FY)
2001, US Agency for International Development Situation Report,
Sept. 7, 2001, available at https://reliefweb.int/report/el-salvador/el-salvador-earthquakes-final-fact-sheet-fiscal-year-fy-2001 (last visited March 6, 2023).
\20\ El Salvador Earthquakes: Final Fact Sheet (FY 2001); AFSC
El Salvador earthquake response: Two years later--An assessment and
report, American Friends Service Committee, May 15, 2003, available
at https://reliefweb.int/report/el-salvador/afsc-el-salvador-earthquake-response-two-years-later-assessment-and-report (last
visited March 6, 2023).
\21\ El Salvador Earthquakes: Final Fact Sheet (FY 2001); AFSC
El Salvador earthquake response: Two years later--An assessment and
report, American Friends Service Committee, May 15, 2003, available
at https://reliefweb.int/report/el-salvador/afsc-el-salvador-earthquake-response-two-years-later-assessment-and-report (last
visited March 6, 2023).
\22\ Statement by the President: Relief and Reconstruction
Assistance for El Salvador, March 2, 2001, https://georgewbush-whitehouse.archives.gov/news/releases/2001/03/20010302-9.html (last
visited: March 6, 2023).
\23\ El Salvador--Earthquakes Final Fact Sheet, Fiscal Year (FY)
2001, Sept. 7, 2001, https://reliefweb.int/report/el-salvador/el-salvador-earthquakes-final-fact-sheet-fiscal-year-fy-2001 (last
visited: March 6, 2023).
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While some progress on reconstruction projects had been made by
2018, many of the problems caused by the 2001 earthquakes
persisted.\24\ Since the disastrous effects of the earthquakes in 2001,
El Salvador has
[[Page 40286]]
been encumbered by several natural disasters, environmental challenges,
high levels of violence, and economic instability, all of which
significantly slowed its recovery and continued to render El Salvador
unable to handle the return of its nationals at the time of the
decision to terminate the designation.\25\
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\24\ A January 2016 report by a Salvadoran media outlet found
individuals living in homes in San Salvador (El Salvador's capital
city) which were declared uninhabitable due to structural damage
from the 2001 earthquakes or their locations in areas at high risk
from landslides or the potential collapse of walls. While schools
have been reconstructed and repaired--including via the U.S. Agency
for International Development's (USAID) Earthquake Reconstruction
Program--in January 2016 a Salvadoran media outlet reported that
certain buildings and schools damaged by the 2001 earthquakes had
not yet been repaired or rebuilt. Joma, Susana, Edificios
da[ntilde]ados por los terremotos a[uacute]n son amenaza, El Diario
de Hoy (El Sal.), Jan. 11, 2016; Contributions of the PDNA and DRF
to Post-Disaster Recovery: El Salvador Case Study 2022, United
Nations Development Programme, available at https://www.undp.org/latin-america/publications/case-study-contributions-pdna-and-drf-post-disaster (last visited: March 17, 2023).
\25\ El Salvador-Disaster Response, USAID, Sept. 7, 2022,
available at https://www.usaid.gov/el-salvador/our-work/disaster-response (last visited March 6, 2023); Miracle or Mirage? Gangs and
Plunging Violence in El Salvador, International Crisis Group, p.2,
July 8, 2020, available at https://www.crisisgroup.org/latin-america-caribbean/central-america/el-salvador/81-miracle-or-mirage-gangs-and-plunging-violence-el-salvador (last visited March 6,
2023); El Salvador: Civil War, Natural Disasters, and Gang Violence
Drive Migration, Migration Policy Institute, Aug. 29, 2018,
available at: https://www.migrationpolicy.org/article/el-salvador-civil-war-natural-disasters-and-gang-violence-drive-migration (last
visited: March 6, 2023).
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At the time of the determination to terminate the designation of
TPS, DHS found that the social and economic conditions affected by the
earthquakes had stabilized. That conclusion was in error and reflects
an inadequate assessment of conditions in El Salvador leading up to the
announcement of the decision to terminate. Although some social and
economic progress had been made by 2018, frequent and significant
environmental disasters occurred after the 2001 earthquakes causing
additional challenges.\26\ Recovery from the earthquakes continued to
be slow and encumbered by hurricanes and tropical storms, heavy rains
and flooding, volcanic and seismic activity, a coffee rust epidemic, a
prolonged and severe drought, and an increase in various mosquito-borne
diseases, among other things.
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\26\ Report: Extending Temporary Protected Status for El
Salvador: Country Conditions and U.S. Legal Requirements, American
University, Dec. 2017, available at: https://www.american.edu/centers/latin-american-latino-studies/extending-tps-for-el-salvador.cfm (last visited: March 6, 2023); Resolving Land Ownership
Issues for a Community Water Project: A Post-Earthquake Development
Dispute in Rural El Salvador, April 07, 2010, https://www.tandfonline.com/doi/pdf/10.1080/14649350903538046 (last visited:
March 6, 2023).
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Numerous natural disasters have negatively affected El Salvador
since the 2001 earthquakes and have adversely impacted its ability to
adequately handle the return of its nationals granted TPS. In October
2005, for instance, the severe flooding caused by Tropical Storm Stan,
coupled with the eruption of the Ilamatepec volcano in early October
2005, affected approximately half of the population of El Salvador.\27\
In November 2009, Tropical Storm Ida caused severe damage and loss of
life.\28\ In October 2011, Tropical Storm 12-E caused flooding and
mudslides across El Salvador.\29\ In June 2013, Tropical Storm Barry
caused flooding.\30\ and the high waves produced by tropical storms in
May 2015 forced evacuations and caused damage along the Salvadoran
coastal line.\31\ In October 2015, heavy rains produced flooding and
landslides across El Salvador.\32\ In 2016, El Salvador had the third
highest percentage of people exposed to disaster risk in the world,
with 88.7 percent of the land and 95.4 percent of the population at
risk of multiple kinds of disasters.\33\ In June 2017, several days of
heavy rainfall caused floods and landslides; four people were killed,
nearly 300 were displaced, and over 200 homes were damaged.\34\ In
early October 2017, Tropical Storm Nate impacted El Salvador, leaving
one person dead and one missing.\35\ In late October 2017, Tropical
Storm Selma brought heavy rain and flooding that caused massive
mudslides, overflowed rivers, and left debris on roads.\36\
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\27\ El Salvador: Hurricane Stan, Floods and Volcanic Activity
OCHA Situation Report No. 2, UN Office for the Coordination of
Humanitarian Affairs, Oct. 7, 2005, available at https://reliefweb.int/report/el-salvador/el-salvador-hurricane-stan-floods-and-volcanic-activity-ocha-situation-report-no (last visited March
6, 2023); Analysis of Tropical Storm Stan in El Salvador, Centro de
Intercambio y Solidaridad, Nov. 16, 2005, available at: https://reliefweb.int/report/el-salvador/analysis-tropical-storm-stan-el-salvador (last visited Mar. 6, 2023); El Salvador-Disaster Response,
USAID, Sept. 7, 2022, available at https://www.usaid.gov/el-salvador/our-work/disaster-response (last visited March 6, 2023).
\28\ Hurricane Ida and floods in Central America: OCHA Situation
Report No. 1, UN Office for the Coordination of Humanitarian
Affairs, Nov. 9, 2009 available at: https://reliefweb.int/report/el-salvador/hurricane-ida-and-floods-central-america-ocha-situation-report-no-1-9-nov-2009 (last visited Mar. 6, 2003); El Salvador-
Disaster Response, USAID, Sept. 7, 2022, available at https://www.usaid.gov/el-salvador/our-work/disaster-response (last visited
March 6, 2023).
\29\ Bertelsmann Stiftung, BTI 2014--El Salvador Country Report.
G[uuml]tersloh: Bertelsmann Stiftung, 2014, available at https://bti-project.org/fileadmin/api/content/en/downloads/reports/country_report_2014_SLV.pdf (last visited Mar. 7, 2023); El
Salvador-Disaster Response, USAID, Sept. 7, 2022, available at
https://www.usaid.gov/el-salvador/our-work/disaster-response (last
visited March 6, 2023).
\30\ Stewart, Stacy R., Tropical Storm Barry (AL022013), 17-20
June 2013, National Hurricane Center, Oct. 7, 2013, available at
https://www.nhc.noaa.gov/data/tcr/AL022013_Barry.pdf (last visited
March 6, 2023).
\31\ El Salvador: Storm Surge Emergency Plan of Action (EPoA)
DREF Operation n[deg] MDRSV008, International Federation of Red
Cross And Red Crescent Societies (IFRC) Situation Report, May 15,
2015, available at https://reliefweb.int/report/el-salvador/el-salvador-storm-surge-emergency-plan-action-epoa-dref-operation-n-mdrsv008 (last visited March 6, 2023).
\32\ Guinto, Joel, Typhoon Kills At Least 16 In Philippines,
Strands Thousands, Terra Daily, Oct. 19, 2015, available at https://www.terradaily.com/reports/Typhoon_kills_at_least_16_in_Philippines_strands_thousands_999.html
(last visited: March 6, 2023).
\33\ Signing of Japanese ODA Loan with El Salvador: Improving
the capacity to mitigate and manage disaster risk, and providing
speedy assistance for financing needs in the reconstruction stage,
Japan International Cooperation Agency, May 30, 2016, available at
https://reliefweb.int/report/el-salvador/signing-japanese-oda-loan-el-salvador-improving-capacity-mitigate-and-manage (last visited:
March 6, 2023).
\34\ El Salvador--Floods (Direcci[oacute]n General de
Protecci[oacute]n Civil, SNET, Local Media) (ECHO Daily Flash of 20
June 2017), European Commission's Directorate-General for European
Civil Protection and Humanitarian Aid Operations, June 20, 2017,
available at https://reliefweb.int/report/el-salvador/el-salvador-floods-direcci-n-general-de-protecci-n-civil-snet-local-media-echo
(last accessed March 6, 2023).
\35\ Nate Kills At Least 20 in Central America, Tracks Toward
US, VOA News, Oct. 6, 2017, available at https://www.voanews.com/a/nate-takes-aim-us-still-reeling-from-earlier-storms/4059008.html
(last accessed March 6, 2023).
\36\ Report: Extending Temporary Protected Status for El
Salvador: Country Conditions and U.S. Legal Requirements, American
University, Dec. 2017, available at: https://www.american.edu/centers/latin-american-latino-studies/extending-tps-for-el-salvador.cfm (last visited: March 6, 2023).
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These environmental disasters have had negative impacts on El
Salvador's economic stability that were not considered in the 2018
termination decision.\37\ The 2018 termination decision highlighted El
Salvador's steady unemployment rate of 7 percent from 2014-2016 but
failed to consider that it has the second slowest economic growth rate
in Central America, leading to an underemployment rate of 36.8 percent
in 2018.\38\ According to the 2017 Global Climate Risk Index, El
Salvador ranked as the 15th most affected country in the world by
extreme weather events from 1996 to 2015, the most recent year for
which data was available at the time the termination decision was
made.\39\ During this time, El Salvador averaged $282 million in
damages per year--equivalent to 0.7 percent of its GDP.\40\ In 2016, El
Salvador was considered the 17th highest country in the world in terms
of the impact of disasters on the gross domestic product.\41\ An
estimated
[[Page 40287]]
95.4 percent of its GDP is exposed to two or more natural hazards,
making it the country with the second highest economic multi-hazard
risk worldwide relative to its GDP.\42\ In fact, earthquakes have been
responsible for the greatest proportion of economic loss, with the 2001
earthquakes causing effects equivalent to 12 percent of El Salvador's
GDP.\43\ These facts highlight that El Salvador continued to face
serious environmental obstacles at the time of the decision to
terminate TPS.
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\37\ Contributions of the PDNA and DRF to Post-Disaster
Recovery: El Salvador Case Study 2022, United Nations Development
Programme, available at https://www.undp.org/latin-america/publications/case-study-contributions-pdna-and-drf-post-disaster
(last accessed March 6, 2023).
\38\ Fact Sheet Employment and Migration El Salvador 2021,
International Labour Organization, December 8, 2021, available at
https://www.ilo.org/wcmsp5/groups/public/_-americas/_-ro-lima/_-
sro-san_jose/documents/publication/wcms_831274.pdf (last accessed
March 6, 2023).
\39\ Kreft, S[ouml]nke, Eckstein, David and Melchior, Inga,
Global Climate Risk Index 2018, Germanwatch, p. 23, Nov. 2017.
\40\ Kreft, S[ouml]nke, Eckstein, David and Melchior, Inga,
Global Climate Risk Index 2018, Germanwatch, p. 23, Nov. 2017.
\41\ Signing of Japanese ODA Loan with El Salvador: Improving
the capacity to mitigate and manage disaster risk, and providing
speedy assistance for financing needs in the reconstruction stage,
Japan International Cooperation Agency, May 30, 2016, available at
https://reliefweb.int/report/el-salvador/signing-japanese-oda-loan-el-salvador-improving-capacity-mitigate-and-manage (last visited:
March 6, 2023).
\42\ Contributions of the PDNA and DRF to Post-Disaster
Recovery: El Salvador Case Study 2022, United Nations Development
Programme, available at https://www.undp.org/latin-america/publications/case-study-contributions-pdna-and-drf-post-disaster
(last accessed March 6, 2023).
\43\ Contributions of the PDNA and DRF to Post-Disaster
Recovery: El Salvador Case Study 2022, United Nations Development
Programme, available at https://www.undp.org/latin-america/publications/case-study-contributions-pdna-and-drf-post-disaster
(last accessed March 6, 2023).
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In addition to the ongoing environmental and economic impacts from
the 2001 earthquakes, high levels of violence have continued to render
El Salvador unable to handle the return of those granted TPS. At the
time of the decision to terminate TPS, DHS found that the social and
economic conditions affected by the earthquakes had stabilized but did
not sufficiently consider the combined impacts of the earthquakes and
economic instability on rates of violence and general insecurity.\44\
El Salvador's recovery had been (and continues to be) encumbered by
staggering levels of violence--mainly related to gang activity and the
state's response--as well as pervasive and high levels of gender-based
violence. In 2018, El Salvador had one of the world's highest homicide
rates and its security forces were widely reported as either
ineffective or engaged in human rights violations and abuses, including
the extrajudicial executions of alleged gang members, sexual assaults,
and enforced disappearances.\45\ Violent gang activity is particularly
serious in El Salvador due to the country's economic and social
challenges.\46\ Young people are highly vulnerable to gang recruitment,
with a quarter of Salvadoran youth not engaged in education,
employment, or training.\47\ Violent nonstate actors impact the ability
of NGOs to operate by imposing restrictions in areas they control.\48\
DHS also found that, in 2018, El Salvador was accepting the returns of
its nationals who were removed for various reasons; however, it did not
adequately consider that some of those who returned became targets for
violent nonstate actors, leading to extortion, torture, and murder of
deportees.\49\
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\44\ Termination of the Designation of El Salvador for Temporary
Protected Status, 83 FR 2654 (Jan. 18, 2018).
\45\ El Salvador Events of 2018, Human Rights Watch, available
at https://www.hrw.org/world-report/2019/country-chapters/el-salvador (last accessed March 6, 2023).
\46\ Cheatham, Amelia & Roy, Diana, Central America's Turbulent
Northern Triangle, Council on Foreign Relations, available at
https://www.cfr.org/backgrounder/central-americas-turbulent-northern-triangle (last accessed March 6, 2023).
\47\ Brand-Weiner, Ian, Reducing Violence in El Salvador: What
it Will Take, Organization for Economic Cooperation and Development,
available at https://oecd-development-matters.org/2018/01/17/reducing-violence-in-el-salvador-what-it-will-take/ (last accessed
March 6, 2023).
\48\ Disaster Risk Reduction in El Salvador, An Evaluation of
Non-Governmental Organizations' Role and Impact, Texas A&M
University, May 3, 2022, available at condevcenter.org/Portals/0/El%20Salvador%20Capstone%202022.pdf (last accessed March 6, 2023).
\49\ El Salvador: Background and U.S. Relations, Congressional
Research Service, July 1, 2020, available at https://sgp.fas.org/crs/row/R43616.pdf (last accessed March 6, 2023).
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As explained above, at the time of the decision to terminate TPS,
El Salvador continued to experience ongoing environmental disasters,
economic instability, and high rates of violence, that were either
insufficiently considered or not considered in the termination
decision. The termination decision failed to adequately assess
conditions in El Salvador in 2018. Those conditions continued to
substantially disrupt living conditions and temporarily affected the
country's ability to adequately handle the return of its nationals
residing in the United States. The Secretary has concluded that
reconsideration and rescission of the termination of TPS is appropriate
and timely, particularly given that the 2018 termination decision has
not yet gone into effect due to the ongoing litigation and associated
court orders.
What authority does the Secretary have to extend the designation of El
Salvador for TPS?
As noted above, section 244(b) of the INA, 8 U.S.C. 1254a(b),
authorizes the Secretary, after consultation with appropriate agencies
of the U.S. Government, to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain country conditions
exist and instructs the Secretary to periodically review the country
conditions underpinning each designation and determine whether they
still exist, leading to either termination or extension of the TPS
designation. However, if the Secretary determines that the foreign
state no longer meets the conditions for TPS designation, the Secretary
must terminate the designation. See INA section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B). If the Secretary does not make a decision as to either
extension or termination, then INA section 244(b)(3)(C) requires the
automatic extension of the designation for six months (or 12 or 18
months in the Secretary's discretion).
Prior to the now-rescinded termination of the TPS designation for
El Salvador, the most recent extension of the designation was due to
end on March 9, 2018.\50\ In light of the Secretary's reconsideration
and rescission of the January 18, 2018 decision to terminate the TPS
designation for El Salvador, there is no longer any standing
secretarial determination that El Salvador ``no longer meets the
conditions for designation'' under INA section 244(b)(1). Accordingly,
pursuant to INA section 244(b)(3)(C), and in the absence of an
affirmative decision by any Secretary to extend the designation for 12
or 18 months rather than the automatic six months triggered by the
statue, the TPS designation for El Salvador shall have been extended in
consecutive increments of six months between the date when the last
designation extension was due to end on March 9, 2018, and the
effective date of the TPS extension announced in this notice on
September 10, 2023. Coupled with the existing Ramos order and
corresponding Federal Register notices continuing TPS and TPS-related
documentation for affected beneficiaries under the designation for El
Salvador, this means that all such individuals whose TPS has not been
finally withdrawn for individual ineligibility are deemed to have
retained TPS since March 9, 2018, and may re-register under procedures
announced in this Notice.
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\50\ See 81 FR 44645 (July 8, 2016).
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Why is the Secretary extending the TPS designation for El Salvador for
TPS for 18 months through March 9, 2025?
DHS has reviewed country conditions in El Salvador. Based on the
review, including input received from DOS and other U.S. Government
agencies, the Secretary has determined that an 18-month TPS extension
is warranted because the conditions supporting El Salvador's 2001
designation for TPS on the basis of environmental disaster remain.
As previously discussed, El Salvador was originally designated for
TPS in 2001 \51\ following two separate
[[Page 40288]]
earthquakes. Recovery from these earthquakes has been impeded by El
Salvador's ongoing environmental challenges, including its high
vulnerability to ``more frequent occurrences of floods, droughts, and
tropical storms, all of which disproportionally affect poor and
vulnerable populations.'' \52\ During the rainy season, which generally
runs from June to November, El Salvador is impacted by extreme weather,
which damages roads, property, and infrastructure; disrupts supplies,
services, and utilities; and even causes loss of life.\53\ Through the
present, El Salvador continues to experience compounding environmental
disasters, hindering recovery and rendering it unable to handle
adequately the return of its nationals.
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\51\ Designation of El Salvador Under Temporary Protected Status
Program, 66 FR 14214 (Mar. 9, 2001).
\52\ The World Bank in El Salvador, Overview, The World Bank,
Apr. 22, 2022, available at https://www.worldbank.org/en/country/elsalvador/overview (last visited March 6, 2023).
\53\ Foreign Travel Advice El Salvador, Gov.UK, Oct. 20, 2022,
available at https://www.gov.uk/foreign-travel-advice/el-salvador/print (last visited March 6, 2023).
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As recently as October 2022, Tropical Storm Julia passed over El
Salvador, leaving extensive flooding and deadly mudslides due to
oversaturated ground from an active rainy season.\54\ El Salvador
declared a 15-day state of national emergency in response to Tropical
Storm Julia.\55\ Approximately 120 shelters were activated for 2,837
people, and at least 10 individuals died.\56\ Assessments indicated
that 180,000 people who were already facing acute food insecurity were
affected by heavy rains.\57\ A trend analysis of food insecurity and
disasters found that environmental degradation and natural disasters
led to increased insecurity, and both of these factors have
significantly impacted El Salvador since 2001.\58\
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\54\ Northern Central America: TS Julia and Rainy Season Flash
Update No. 01, United Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA), Oct. 14, 2022, available at: https://reliefweb.int/report/guatemala/northern-central-america-ts-julia-and-rainy-season-flash-update-no-01-14-october-2022 (last visited
March 6, 2023).
\55\ Northern Central America: TS Julia and Rainy Season Flash
Update No. 01, United Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA), Oct. 14, 2022, available at: https://reliefweb.int/report/guatemala/northern-central-america-ts-julia-and-rainy-season-flash-update-no-01-14-october-2022 (last visited
March 6, 2023).
\56\ El Salvador: Tropical Storm Julia--Emergency Plan of Action
(EPoA), DREF Operation No. MDRSV015, International Federation of Red
Cross and Red Crescent Societies (IFRC) Situation Report, Oct. 26,
2022, available at https://reliefweb.int/report/el-salvador/el-salvador-tropical-storm-julia-emergency-plan-action-epoa-dref-operation-no-mdrsv015 (last visited March 6, 2023).
\57\ Northern Central America: TS Julia and Rainy Season Flash
Update No. 01, United Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA), Oct. 14, 2022, available at https://reliefweb.int/report/guatemala/northern-central-america-ts-julia-and-rainy-season-flash-update-no-01-14-october-2022 (last visited
March 6, 2023).
\58\ Restoring Food Security and Livelihoods for Vulnerable
Groups Affected by Recurrent Shocks in El Salvador, Guatemala,
Honduras and Nicaragua, UN World Food Programme, Oct. 7, 2013,
https://one.wfp.org/operations/current_operations/project_docs/200490.pdf (last visited: March 6, 2023).
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In October 2018, the Government of El Salvador published an updated
report regarding the heavy rain situation in the country at that time.
Seven rivers flooded and 1,409 homes were affected.\59\ In May and June
2020, tropical storms Amanda and Crist[oacute]bal causing widespread
floods and landslides throughout the country, causing loss of life and
significant material damage.\60\ Collectively, the storms also
disrupted agricultural production, and caused acute food insecurity due
to irregular rainfall, which was worsened by the impacts of the COVID-
19 pandemic.\61\ More than 149,000 people were directly affected the
storms, and as a result, the WFP estimated that more than 330,000
people were facing severe food insecurity.\62\ In November 2020, the
Civil Protection Agency in El Salvador issued a national red alert due
to the formation of Hurricane Eta, which sent more than 2,200 people to
shelters.\63\ As a result of Hurricane Eta, El Salvador experienced
major flooding and soon after, experienced heavy rain and flooding from
Hurricane Iota.\64\ It also caused two deaths and significant
agricultural damage across the country.\65\ It is estimated that 17,000
people were internally displaced as a result of Hurricanes Eta and
Iota.\66\ These countrywide consecutive events led to an overwhelming
increase in the number of identified people in need of humanitarian
assistance from 643,000 before the start of the COVID-19 pandemic to
1.7 million.\67\
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\59\ Natural Disasters Monitoring, News and Press Release Pan-
American Health Organization (PAHO), Oct. 10, 2018, available at
https://reliefweb.int/report/el-salvador/natural-disasters-monitoring-october-10-2018 (last visited March 6, 2023).
\60\ Durroux-Malpartida, Veronique, As El Salvador faces the
double impact of hurricanes and COVID-19, NGOs step in, United
Nations Office for the Coordination of Humanitarian Affairs
(UNOCHA), Dec. 30, 2020, available at https://www.unocha.org/story/el-salvador-faces-double-impact-hurricanes-and-covid-19-ngos-step
(last visited March 6, 2023).
\61\ El Salvador-Disaster Response, USAID, Sept. 7, 2022,
available at: https://www.usaid.gov/el-salvador/our-work/disaster-response (last visited March 6, 2023).
\62\ Durroux-Malpartida, Veronique, As El Salvador faces the
double impact of hurricanes and COVID-19, NGOs step in, United
Nations Office for the Coordination of Humanitarian Affairs
(UNOCHA), Dec. 30, 2020, available at https://www.unocha.org/story/el-salvador-faces-double-impact-hurricanes-and-covid-19-ngos-step
(last visited March 6, 2023).
\63\ Durroux-Malpartida, Veronique, As El Salvador faces the
double impact of hurricanes and COVID-19, NGOs step in, United
Nations Office for the Coordination of Humanitarian Affairs
(UNOCHA), Dec. 30, 2020, available at https://www.unocha.org/story/el-salvador-faces-double-impact-hurricanes-and-covid-19-ngos-step
(last visited March 6, 2023).
\64\ National Hurricane Center Tropical Cyclone Report:
Hurricane Eta, NHC, Nov. 2020, https://www.nhc.noaa.gov/data/tcr/AL292020_Eta.pdf (last visited: Feb. 24, 2023); National Hurricane
Center Tropical Cyclone Report: Hurricane Iota, NHC, Nov. 2020,
https://www.nhc.noaa.gov/data/tcr/AL312020_Iota.pdf (last visited:
March 6, 2023).
\65\ Id.
\66\ US Department of State, 2021 Country Report on Human Rights
Practices: El Salvador, April 12, 2022, https://www.ecoi.net/en/document/2071137.html (accessed on March 6, 2023).
\67\ Durroux-Malpartida, Veronique, As El Salvador faces the
double impact of hurricanes and COVID-19, NGOs step in, United
Nations Office for the Coordination of Humanitarian Affairs
(UNOCHA), Dec. 30, 2020, available at https://www.unocha.org/story/el-salvador-faces-double-impact-hurricanes-and-covid-19-ngos-step
(last visited March 6, 2023).
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In addition to the numerous environmental disasters following the
2001 earthquakes, El Salvador continues to experience a frail
macroeconomic environment, a high rate of unemployment, violence, and a
poor security situation that continues to render the country
temporarily unable to adequately handle the return of its nationals. El
Salvador is plagued by intense violence involving criminal groups and
gang warfare, as well as a deteriorating political crisis, due to the
government's aggressive security strategies to combat gang violence. As
reported in July 2020 by the International Crisis Group (ICG), El
Salvador continues to be exposed to violence involving criminal groups,
particularly Mara Salvatrucha (MS-13) and the 18th Street gang's two
factions, the Revolutionaries and the Southerners.\68\ At that time,
authorities estimated that 60,000 active gang members operated in 94
percent of the country's municipalities.\69\ Gang violence has hampered
reconstruction efforts, with NGOs reporting that in gang-controlled
territories, they must abide by curfews, stop work when ordered, and
often require approval from gangs to work in those areas.\70\
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\68\ Miracle or Mirage? Gangs and Plunging Violence in El
Salvador, International Crisis Group, p.2, July 8, 2020, available
at https://www.crisisgroup.org/latin-america-caribbean/central-america/el-salvador/81-miracle-or-mirage-gangs-and-plunging-violence-el-salvador (last visited March 6, 2023).
\69\ Miracle or Mirage? Gangs and Plunging Violence in El
Salvador, International Crisis Group, p.2, July 8, 2020, available
at https://www.crisisgroup.org/latin-america-caribbean/central-america/el-salvador/81-miracle-or-mirage-gangs-and-plunging-violence-el-salvador (last visited March 6, 2023).
\70\ Disaster Risk Reduction in El Salvador, An Evaluation of
Non-Governmental Organizations' Role and Impact, Texas A&M
University, May 3, 2022, available at condevcenter.org/Portals/0/El%20Salvador%20Capstone%202022.pdf (last accessed March 6, 2023).
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[[Page 40289]]
Elected in 2019, President Nayib Bukele has attributed a plunge in
homicides to a security policy of sending police and troops into gang-
controlled neighborhoods.\71\ However, El Salvador's overall decline in
its homicide rate in 2020 and 2021 \72\ has also been attributed to a
``covert pact'' between the government and the largest gangs operating
in the country--the collapse of which reportedly led to a spike in
murders in late March 2022.\73\
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\71\ Treasury Targets Corruption Networks Linked to
Transnational Organized Crime, Press Release, U.S. Treasury, Dec. 8,
2021, available at https://home.treasury.gov/news/press-releases/jy0519 (last visited March 6, 2023). After experiencing a spike in
homicides in 2015, El Salvador went from Latin America's most
violent country to number 11 in 2021. See United States Institute of
Peace, ``El Salvador Needs Long-Term Solutions to End Cycles of
Violence,'' Apr. 6, 2022, available at https://www.usip.org/
publications/2022/04/el-salvador-needs-long-term-solutions-end-
cycles-
violence#:~:text=From%20Latin%20America's%20most%20violent,Mexico%20(
26%20per%20100%2C000 (last visited March 6, 2023).
\72\ InSight Crime's 2021 Homicide Round-Up, InSight Crime, Feb.
1, 2022, available at https://insightcrime.org/news/insight-crimes-2021-homicide-round-up/ (last visited on March 6, 2023).
\73\ Mart[iacute]nez, Carlos, Collapsed Government Talks with
MS-13 Sparked Record Homicides in El Salvador, Audios Reveal, El
Faro (El Sal.), May 17, 2022, available at https://www.nytimes.com/2022/04/28/world/americas/el-salvador-bukele-gangs.html (last
visited March 6, 2023).
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President Bukele has been described as ``increasingly
authoritarian, and his critics say the leader's threat to democracy has
only grown.'' \74\ In a December 2021 report, the Congressional
Research Service described a series of actions taken by President
Bukele and his government as ``democratic backsliding'' \75\ and
``removing checks on presidential power.'' \76\ In March 2022, the
government of El Salvador declared a 30-day state of emergency,
suspending citizen's constitutional rights, in response to a spike in
homicides, when El Salvador registered 62 murders in a single day,
``the bloodiest since the end of the country's civil war in 1992.''
\77\ This initial month-long crackdown on gangs has been regularly
renewed since then, with the latest renewal announced in March
2023.\78\ As of March 2023, more than 65,000 people had been arrested
under these orders, and human rights groups claim that many of the of
the mass detentions could amount to arbitrary detentions based on
``poorly substantiated investigations or crude profiling of the
physical appearance or social background of those detained.'' \79\
Human Rights Watch reported that the government's emergency provisions
suspended privacy rights, freedom of association and peaceful assembly,
and some fair trial guarantees and other applicable legal
protections.\80\ Amnesty International has documented that authorities
in El Salvador have dismantled judicial independence and committed
torture and thousands of arbitrary detentions and violations of fair
trial guarantees and other applicable legal protections.\81\
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\74\ El Salvador's Nayib Bukele: Strong and Getting Stronger,
America's Quarterly, Feb. 23, 2021, available at https://www.americasquarterly.org/article/aq-podcast-el-salvadors-nayib-bukele-strong-and-getting-stronger/ (last visited March 6, 2023).
\75\ El Salvador: Authoritarian Actions and U.S. Response,
Congressional Research Service, p.1, Dec. 23, 2021, available at
https://crsreports.congress.gov/product/pdf/IN/IN11658 (last visited
March 6, 2023).
\76\ El Salvador: Authoritarian Actions and U.S. Response,
Congressional Research Service, p.2, Dec. 23, 2021, available at
https://crsreports.congress.gov/product/pdf/IN/IN11658 (last visited
March 6, 2023).
\77\ Renteria, Nelson, In El Salvador's gang crackdown, quotas
drive `arbitrary' arrests of innocents, Reuters, May 16, 2022,
available at https://www.reuters.com/world/americas/el-salvadors-gang-crackdown-quotas-drive-arbitrary-arrests-innocents-2022-05-16/
(last visited March 6, 2023).
\78\ El Salvador urged to uphold human rights amid state of
emergency, United Nations News, Mar. 28, 2023, available at https://news.un.org/en/story/2023/03/1135097 (last visited March 30, 2023).
\79\ El Salvador urged to uphold human rights amid state of
emergency, United Nations News, Mar. 28, 2023, available at https://news.un.org/en/story/2023/03/1135097 (last visited March 30, 2023);
How is a `state of exception' changing El Salvador?, Al Jazeera,
June 7, 2022, available at https://www.aljazeera.com/program/the-stream/2022/6/7/what-is-the-true-impact-of-el-salvadors-state-of
(last visited March 6, 2023).
\80\ El Salvador: Evidence of Serious Abuse in State of
Emergency, Human Rights Watch, May 2, 2022, available at https://www.hrw.org/news/2022/05/02/el-salvador-evidence-serious-abuse-state-emergency (last visited March 6, 2023).
\81\ Tucker, Duncan, Eviscerating Human Rights Is Not The Answer
To El Salvador's Gang Problem, Amnesty International, Aug. 31, 2022,
available at https://www.amnesty.org/en/latest/news/2022/08/eviscerating-human-rights-el-salvador-gang-problem/ (last visited
March 6, 2023).
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Since March 2022, police and soldiers have been conducting raids
and arresting thousands at their home and in the street.\82\ The number
of arrests under the state of emergency increased to 50,000 as of mid-
August 2022.\83\ Official statistics and other government information
has become increasingly difficult to access under the state of
emergency, and authorities reportedly have changed ``what counts as a
homicide.'' \84\ The discrepancy between reported homicide numbers and
the actual numbers of bodies reportedly recovered from mass graves
continues to be of concern.\85\ Under President Bukele, significant
human rights abuses and violations by security forces are widely
reported to continue, including unlawful disappearances, torture, and
extrajudicial killings of suspected gang members.\86\
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\82\ El Salvador: Evidence of Serious Abuse in State of
Emergency, Human Rights Watch, May 2, 2022, available at https://www.hrw.org/news/2022/05/02/el-salvador-evidence-serious-abuse-state-emergency (last visited March 6, 2023).
\83\ El Salvador extends state of exception as arrests hit
50,000, Al Jazeera, Aug. 17, 2022, available at https://www.aljazeera.com/news/2022/8/17/el-salvador-extends-state-of-exception-as-arrests-hit-50000 (last visited March 6, 2023).
\84\ Renteria, Nelson, In El Salvador, discrepancy over deaths
and mass graves alarms critics, Reuters, Aug. 3, 2022, available at
https://www.reuters.com/world/americas/el-salvador-discrepancy-over-deaths-mass-graves-alarms-critics-2022-08-03/ (last visited March 6,
2023).
\85\ Renteria, Nelson, In El Salvador, discrepancy over deaths
and mass graves alarms critics, Reuters, Aug. 3, 2022, available at
https://www.reuters.com/world/americas/el-salvador-discrepancy-over-deaths-mass-graves-alarms-critics-2022-08-03/ (last visited March 6,
2023).
\86\ US Department of State, 2021 Country Report on Human Rights
Practices: El Salvador, April 12, 2022, https://www.ecoi.net/en/document/2071137.html (last visited March 6, 2023).
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The Internal Displacement Monitoring Centre (IDMC) noted in a 2018
report that ``[d]isplacement caused by crime and violence has, by any
measure, risen to the level of a humanitarian crisis in El Salvador.''
\87\ In July 2018, internal forced displacement was officially
recognized by the Supreme Court of El Salvador.\88\ In January 2020,
the Legislative Assembly approved the ``Special Law for the
Comprehensive Care and Protection of People in a situation of Forced
Internal Displacement,'' a fundamental instrument to provide care,
protection, and lasting solutions to people internally displaced due to
violence from organized crime and criminal gangs, as well as those who
may be at risk of displacement.\89\ In August 2021, the United Nations
High Commissioner for Refugees (UNHCR) reported that communities in El
Salvador are severely affected by gang violence, extortion, death
threats, and sexual violence, as
[[Page 40290]]
well as other serious human rights violations.\90\
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\87\ Knox, Vickie, An Atomised Crisis: Reframing displacement
caused by crime and violence in El Salvador, Internal Displacement
Monitoring Centre (IDMC), p.6, Sept. 2018, available at https://www.internal-displacement.org/sites/default/files/publications/documents/201809-el-salvador-an-atomised-crisis-en.pdf (last visited
March 6, 2023).
\88\ Fact Sheet > El Salvador, United Nations High Commissioner
for Refugees (UNHCR), p.2, Aug. 2021, available at https://reporting.unhcr.org/sites/default/files/El%20Salvador%20Factsheet%20August%202021.pdf (last visited March 6,
2023).
\89\ Fact Sheet > El Salvador, United Nations High Commissioner
for Refugees (UNHCR), p.2, Aug. 2021, available at https://reporting.unhcr.org/sites/default/files/El%20Salvador%20Factsheet%20August%202021.pdf (last visited March 6,
2023).
\90\ Fact Sheet > El Salvador, United Nations High Commissioner
for Refugees (UNHCR), p.1, Aug. 2021, available at https://reporting.unhcr.org/sites/default/files/El%20Salvador%20Factsheet%20August%202021.pdf (last visited March 6,
2023).
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Gang violence and lack of access to effective protection has forced
tens of thousands to flee internally since 2006.\91\ Violence and lack
of opportunities have forced people to leave their homes in search of
protection, access to basic services and livelihood opportunities.
COVID-19 has exacerbated the needs of internally displaced persons and
those at risk of displacement by impacting their access to protection
and livelihoods.\92\ While President Bukele's tactics have caused a
decrease in the rate of gang violence, severe gang violence persists,
and the tactics used by the Bukele administration have failed to
address the root causes of gang membership, including poverty and
insecurity, which are exacerbated by the lingering effects of major
environmental disasters. Impoverished individuals are less likely to
move to safer areas due to lack of financial resources and the
geographic areas where they can afford to live are more likely to be
gang-impacted and environmentally degraded.\93\
---------------------------------------------------------------------------
\91\ Fact Sheet > El Salvador, United Nations High Commissioner
for Refugees (UNHCR), p.2, Aug. 2021, available at https://reporting.unhcr.org/sites/default/files/El%20Salvador%20Factsheet%20August%202021.pdf (last visited March 6,
2023).
\92\ Fact Sheet > El Salvador, United Nations High Commissioner
for Refugees (UNHCR), p.1, Aug. 2021, available at https://reporting.unhcr.org/sites/default/files/El%20Salvador%20Factsheet%20August%202021.pdf (last visited March 6,
2023).
\93\ Disaster risk reduction in El Salvador, Texas A&M
University, May 3, 2022, condevcenter.org/Portals/0/El%20Salvador%20Capstone%202022.pdf (last visited: March 6, 2023).
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In summary, while progress has been made in repairing damage caused
by the 2001 earthquakes, El Salvador continues to experience numerous
natural disasters that significantly disrupt living conditions and
adversely impact its ability to adequately handle the return of those
granted TPS. A weak macroeconomic environment, a high rate of
unemployment, violence, and a poor security situation adversely impact
the country's ability to fully recover and continue to render the
country temporarily unable to adequately handle the return of its
nationals.
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
At the time the Secretary's decision to terminate El
Salvador's designation for TPS was announced on January 18, 2018,
conditions in El Salvador continued to support the country's
designation for TPS on the ground of environmental disaster; therefore,
the termination should be rescinded and such rescission is timely given
that the termination has not yet gone into effect. See INA section
244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B).
The conditions supporting El Salvador's designation for
TPS still continue to be met. See INA section 244(b)(3)(A) and (C), 8
U.S.C. 1254a(b)(3)(A) and (C).
There has been an earthquake, flood, drought, epidemic, or
other environmental disaster in El Salvador resulting in a substantial,
but temporary, disruption of living conditions in the area affected; El
Salvador is unable, temporarily, to handle adequately the return of its
nationals; and El Salvador officially requested designation of TPS. See
INA section 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B);
The designation of El Salvador for TPS should be extended
for an 18-month period, beginning on September 10, 2023 and ending on
March 9, 2025. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Notice of the Rescission of TPS Termination and Extension of the TPS
Designation of El Salvador
Pursuant to my lawful authorities, including under sections 103(a)
and 244 of the Immigration and Nationality Act, I am hereby rescinding
the termination of the TPS designation of El Salvador announced in the
Federal Register at 83 FR 2654 on January 18, 2018. Due to this
rescission and pursuant to INA section 244(b)(3)(C), as well as the
ongoing preliminary injunction in Ramos v. Nielsen, 336 F. Supp. 3d
1075 (N.D. Cal. 2018), the TPS designation of El Salvador has continued
to automatically extend under the statute since July 8, 2016, without a
standing secretarial determination as to whether TPS should be extended
or terminated. TPS beneficiaries under the designation, whose TPS has
not been finally withdrawn for individual ineligibility, therefore have
continued to maintain their TPS since March 9, 2018.
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting El Salvador's designation for TPS on the basis of
environmental disaster continue to be met. See INA sections
244(b)(1)(B) and 244(b)(3)(A); 8 U.S.C. 1254a(b)(1)(B) and
1254a(b)(3)(A). On the basis of this determination, I am extending the
existing designation of El Salvador for TPS for 18 months, beginning on
September 10, 2023 and ending on March 9, 2025. See INA section
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Individuals holding TPS under
the designation of El Salvador may file to reregister for TPS under the
procedures announced in this notice if they wish to continue their TPS
under this 18-month extension.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Re-Register for TPS
To re-register for TPS based on the designation of El Salvador, you
must submit a Form I-821, Application for Temporary Protected Status
during the 60-day reregistration period that starts on July 12, 2023
and ends on September 10, 2023. There is no Form I-821 fee for re-
registration. See 8 CFR 244.17. You may be required to pay the
biometric services fee. If you can demonstrate an inability to pay the
biometric services fee, you may request to have the fee waived. Please
see additional information under the ``Biometric Services Fee'' section
of this notice.
Individuals who have an El Salvador TPS application (Form I-821)
that was still pending as of June 21, 2023 do not need to file the
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through March 9, 2025.
Required Application Forms and Application Fees To Obtain an EAD
Every employee must provide their employer with documentation
showing they have a legal right to work in the United States. TPS
beneficiaries are authorized to work in the United States and are
eligible for an EAD which proves their employment authorization. If you
have an existing EAD issued under the TPS designation of El Salvador
that has been auto-extended through June 30, 2024 by the notice
published at 87 FR 68717, you may continue to use that EAD through that
date. If you want to obtain a new EAD valid through March 9, 2025, you
must file an Application for Employment Authorization (Form I-765) and
pay the Form I-765 fee (or request a fee waiver, which you may submit
on Form I-912, Request for Fee Waiver).
You may, but are not required to, submit Form I-765, Application
for
[[Page 40291]]
Employment Authorization, with your Form I-821 re-registration
application. If you do not want a new EAD now, you can request one
later by filing your I-765 and paying the fee (or requesting a fee
waiver) at that time, provided you have TPS or a pending TPS
application. If you have TPS and only a pending Form I-765, you must
file the Form I-821 to reregister for TPS or risk having your TPS
withdrawn for failure to reregister without good cause.
Information About Fees and Filing
USCIS offers the option to applicants for TPS under El Salvador's
designation to file Form I-821 and related requests for EADs online or
by mail. When filing a TPS application, applicants can also request an
EAD by submitting a completed Form I-765, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing online.\94\ To file these forms online, you must first create a
USCIS online account.\95\ However, if you are requesting a fee waiver,
you cannot submit the applications online. You will need to file paper
versions of the fee waiver request and the form for which you are
requesting the fee waiver.
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\94\ Find information about online filing at ``Forms Available
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
\95\ https://myaccount.uscis.gov/users/sign_up.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses: Mail your completed Form I-821,
Application for Temporary Protected Status and Form I-765, Application
for Employment Authorization, Form I-912, Request for Fee Waiver, if
applicable, and supporting documentation to the proper address in Table
1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
Then mail your application to:
If you live in:
------------------------------------------------------------------------
Texas.......................... USCIS Dallas Lockbox.
U.S. Postal Service (USPS):
USCIS, Attn: TPS El Salvador,
P.O. Box 660864, Dallas, TX
75266-0864.
FedEx, UPS, or DHL: USCIS,
Attn: TPS El Salvador (Box
660864), 2501 S State Highway
121 Business, Suite 400,
Lewisville, TX 75067-8003.
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American Samoa................. USCIS Chicago Lockbox.
Arizona........................ U.S. Postal Service (USCIS):
California..................... USPS, Attn: TPS El Salvador,
Connecticut.................... P.O. Box 8635, Chicago, IL
Delaware....................... 60680-8635.
District of Columbia........... FedEx, UPS, or DHL: USCIS,
Georgia........................ Attn: TPS El Salvador (Box
Guam........................... 8635), 131 S. Dearborn St.,
3rd Floor, Chicago, IL 60603-
5517.
Illinois.
Indiana.
Kentucky.
Maine.
Massachusetts.
Michigan.
Nevada.
New Hampshire.
New Jersey.
North Carolina.
Northern Mariana Islands.
Ohio.
Oregon.
Pennsylvania.
Puerto Rico.
Rhode Island.
South Carolina.
Vermont.
Virgin Islands.
Virginia.
Washington.
West Virginia.
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Alabama........................ USCIS Elgin Lockbox.
Alaska. U.S. Postal Service (USPS):
Arkansas. USCIS, Attn: TPS El Salvador,
Colorado. P.O. Box 4091, Carol Stream,
Florida. IL 60197-4091.
Hawaii. FedEx, UPS, or DHL: USCIS,
Idaho. Attn: TPS El Salvador (Box
Iowa. 4091), 2500 Westfield Drive,
Elgin, IL 60124-7836.
Kansas.
Louisiana.
Maryland.
Minnesota.
Mississippi.
Missouri.
[[Page 40292]]
Montana.
Nebraska.
New Mexico.
New York.
North Dakota.
Oklahoma.
South Dakota.
Tennessee.
Utah.
Wisconsin.
Wyoming.
------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
mail your Form I-765 application to the appropriate mailing address in
Table 1. When you are requesting an EAD based on an IJ/BIA grant of
TPS, please include a copy of the IJ or BIA order granting you TPS with
your application. This will help us verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying
(i.e., registering) for TPS on the USCIS website at https://www.uscis.gov/tps under ``El Salvador.''
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside of the United States. If
granted, travel authorization gives you permission to leave the United
States and return during a specific period. To request travel
authorization, you must file Form I-131, Application for Travel
Document, available at https://www.uscis.gov/i-131. You may file Form
I-131 together with your Form I-821 or separately. When filing the Form
I-131, you must:
Select Item Number 1.d. in Part 2 on the Form I-131; and
Submit the fee for the Form I-131, or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. If you are filing Form I-131
separately based on a pending or approved Form I-821, send your form to
the address listed in Table 2 and include a copy of Form I-797 for the
approved or pending Form I-821.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with a Form I- The address provided in
821, Application for Temporary Protected Table 1.
Status
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, P.O.
approved Form I-821, and you are using Box 660167, Dallas, TX
the U.S. Postal Service (USPS): 75266-0867.
You must include a copy of the receipt
notice (Form I-797 or I-797C) showing
we accepted or approved your Form I-
821.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, 2501
approved Form I-821, and you are using S State Hwy. 121, Business
FedEx, UPS, or DHL: Ste. 400, Lewisville, TX
75067.
You must include a copy of the receipt
notice (Form I-797 or I-797C) showing
we accepted or approved your Form I-
821.
------------------------------------------------------------------------
Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay the
biometric services fee, you may request a fee waiver, which you may
submit on Form I-912, Request for Fee Waiver. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at https://www.uscis.gov/tps. Fees for Form I-765 and biometric
services are also described in 8 CFR 103.7(b)(1) (Oct. 1, 2020). If
necessary, you may be required to visit an Application Support Center
to have your biometrics captured. For additional information on the
USCIS biometric screening process, please see the USCIS Customer
Profile Management Service Privacy Impact Assessment, available at
https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms.
Refiling a TPS Re-Registration Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue
your EAD promptly, if one has been requested. Properly filing early
will also allow you to have time to refile your application before the
deadline, should USCIS deny your fee waiver request. The fee waiver
denial notice will contain specific instructions about resubmitting
your application. However, you are urged to refile within 45 days of
the date on any USCIS fee waiver denial notice, if possible. See INA
section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(b). For
more information on good cause for late re-registration, visit the
USCIS TPS web page at www.uscis.gov/tps.
Note: A re-registering TPS beneficiary age 14 and older must
pay the biometric services fee (but not the Form I-821 fee), or
request a fee waiver, when filing a TPS re-registration application.
As discussed above, if you decide to wait to request an EAD, you do
not have to file the Form I-765 or pay the
[[Page 40293]]
associated Form I-765 fee (or request a fee waiver) at the time of
re-registration. You may wait to seek an EAD until after USCIS has
approved your TPS re-registration application or at any later date
you decide you want to request an EAD. To re-register for TPS, you
only need to file the Form I-821 with the biometrics services fee,
if applicable (or request a fee waiver).
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at uscis.gov, or visit the USCIS Contact Center at https://www.uscis.gov/contactcenter. If your Form I-765 has been pending for
more than 90 days, and you still need assistance, you may ask a
question about your case online at https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-
1833).
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on Form I-9,
Employment Eligibility Verification, as well as the Acceptable
Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three days of
hire, employees must present acceptable documents to their employers as
evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in the Form I-9 Instructions. Employers may not reject a document based
on a future expiration date. You can find additional information about
Form I-9 on the I-9 Central web page at https://www.uscis.gov/I-9Central. An EAD is an acceptable document under List A.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through March 9, 2025, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Salvadoran citizenship or a Form
I-797C showing that I registered for TPS for Form I-9 completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers need not reverify List B identity documents. Employers may
not request proof of Salvadoran citizenship or proof of registration
for TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. Refer to the ``Note to
Employees'' section of this Federal Register notice for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin. Employers can refer to the compliance
notice that DHS published on November 16, 2022, for information on how
to complete the Form I-9 with TPS EADs that DHS extended through June
30, 2024.\96\
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\96\ Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 87 FR 68717 (Nov. 16, 2022).
---------------------------------------------------------------------------
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515)
for information regarding employment discrimination based on
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline
provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (mismatch) must
promptly inform employees of the mismatch and give such employees an
opportunity to take action to resolve the mismatch. A mismatch result
means that the information entered into E-Verify from Form I-9 differs
from records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call
[[Page 40294]]
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). For more
information about E-Verify-related discrimination or to report an
employer for discrimination in the E-Verify process based on
citizenship, immigration status, or national origin, contact IER's
Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/crt/immigrant-and-employee-rights-section and the USCIS and E-Verify
websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
This Federal Register Notice does not invalidate the compliance
notice DHS issued on November 16, 2022, which extended the validity of
certain TPS documentation through June 30, 2024 and does not require
individuals to present a Form I-797, Notice of Action. While Federal
Government agencies must follow the guidelines laid out by the Federal
Government, State and local government agencies establish their own
rules and guidelines when granting certain benefits. Each state may
have different laws, requirements, and determinations about what
documents you need to provide to prove eligibility for certain
benefits. Whether you are applying for a Federal, State, or local
government benefit, you may need to provide the government agency with
documents that show you are a TPS beneficiary, show you are authorized
to work based on TPS or other status, or that may be used by DHS to
determine if you have TPS or another immigration status. Examples of
such documents are:
Your current EAD with a TPS category code of A-12 or C-19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of El Salvador; or
Your Form I-94, Arrival/Departure Record or Form I-797,
Notice of Action, as shown in the Federal Register notice published at
87 FR 68717.
Check with the government agency requesting documentation regarding
which document(s) the agency will accept. Some state and local
government agencies use SAVE to confirm the current immigration status
of applicants for public benefits.
While SAVE can verify that an individual has TPS, each state and
local government agency's procedures govern whether they will accept an
unexpired EAD, Form I-797, Form I-797C, or Form I-94. It may also
assist the agency if you:
a. Give the agency a copy of the relevant Federal Register notice
listing the TPS-related document, including any applicable auto-
extension of the document, in addition to your recent TPS-related
document with your A-number, USCIS number or Form I-94 number;
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. Ask the agency to initiate a SAVE query with your information
and follow through with additional verification steps, if necessary, to
get a final SAVE response verifying your TPS.
You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or any
automatic extension of TPS-related documentation. In most cases, SAVE
provides an automated electronic response to benefit-granting agencies
within seconds, but occasionally verification can be delayed.
You can check the status of your SAVE verification by using
CaseCheck at https://save.uscis.gov/casecheck/. CaseCheck is a free
service that lets you follow the progress of your SAVE verification
case using your date of birth and one immigration identifier number (A-
number, USCIS number, or Form I-94 number) or Verification Case Number.
If an agency has denied your application based solely or in part on a
SAVE response, the agency must offer you the opportunity to appeal the
decision in accordance with the agency's procedures. If the agency has
received and acted on or will act on a SAVE verification and you do not
believe the SAVE response is correct, the SAVE website, www.uscis.gov/save, has detailed information on how to correct or update your
immigration record, make an appointment, or submit a written request to
correct records.
[FR Doc. 2023-13018 Filed 6-20-23; 8:45 am]
BILLING CODE 9111-97-P
