A Landmark Decision! US Terminates TPS for Nepalis, Eases Transition

The Secretary of Homeland Security Kirstjen M. Nielsen has determined that termination of the Temporary Protected Status (TPS) designation for Nepal was required pursuant to the statute. To allow for an orderly transition, she has determined to delay the termination for 12 months.

The designation will terminate on June 24, 2019.

The decision to terminate TPS for Nepal was made after a review of the environmental disaster-related conditions upon which the country’s original designation was based and an assessment of whether those originating conditions continue to exist as required by statute.

Based on careful consideration of available information, including recommendations received as part of an inter-agency consultation process, the Secretary determined that the disruption of living conditions in Nepal from the April 2015 earthquake and subsequent aftershocks that served as the basis for its TPS designation have decreased to a degree that they should no longer be regarded as substantial, and Nepal can now adequately manage the return of its nationals.

Thus, as required under the applicable statute, the current TPS designation must be terminated.

Since the 2015 earthquake, conditions in Nepal have notably improved. Additionally, since the last review of the country’s conditions in October 2016, Nepal has made substantial progress in post-earthquake recovery and reconstruction.

For An Orderly Transition

To allow for an orderly transition, the effective date of the termination of TPS for Nepal will be delayed 12 months to provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible.

Nepali citizens in the United States who benefited from TPS may still receive other protections under our immigration system for which they are eligible.

The 12 months will also provide time for Nepal to prepare for the return and reintegration of its citizens.

During this timeframe, DHS will work with the Department of State and the Government of Nepal to help educate relevant stakeholders and facilitate an orderly transition.

A Facilitation Move 

In addition to materials posted online, DHS components will participate in outreach activities such as teleconferences, town halls and roundtables to ensure that affected populations have a full and accurate understanding of their rights and obligations.

Nepali citizens with current TPS registrations will be required to re-register for TPS and apply for Employment Authorization Documents in order to legally work in the United States until the termination of Nepal’s TPS designation becomes effective June 24, 2019. 

Further details about this termination for TPS, including the re-registration period, will appear in a Federal Register notice. Nepali TPS beneficiaries should not submit re-registration applications until the re-registration period is announced through the Federal Register notice.

Source: Department of Homeland Security, Government of United States.