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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40294-40304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13246]
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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
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 Nicaragua for Temporary Protected Status (TPS) and
Notice of Extension of TPS Designation for Nicaragua.
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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 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 re-register 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 re-registration period for existing
beneficiaries runs from November 6, 2023, through January 5, 2024.
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
[[Page 40295]]
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 Nicaragua's TPS designation by selecting
``Nicaragua'' 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
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 Nicaragua for TPS
and the Secretary's decision to extend the TPS designation for 18
months from January 6, 2024, through July 5, 2025. This notice also
sets forth procedures necessary for nationals of Nicaragua (or
individuals having no nationality who last habitually resided in
Nicaragua) to re-register for TPS and to apply for renewal of their
Employment Authorization Documents (EADs) with USCIS.
Re-registration is limited to individuals who have previously
registered or re-registered for TPS under Nicaragua'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 Nicaragua's
designation, the 60-day re-registration period runs from November 6,
2023, through January 5, 2024. USCIS will issue new EADs with a July 5,
2025, expiration date to eligible Nicaraguan TPS beneficiaries who
timely re-register and apply for EADs.
Individuals who have a Nicaragua 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 July 5, 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 4,000 beneficiaries under
Nicaragua'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 Nicaragua designated for TPS?
Nicaragua was initially designated on the basis of environmental
disaster that prevented nationals of Nicaragua from returning in safety
following this environmental disaster, at the request of the country's
government, and because Nicaragua was unable, temporarily, to handle
adequately the return of its nationals. See Designation of Nicaragua
Under Temporary Protected Status, 64 FR 526 (Jan. 5, 1999). Since its
initial designation in 1999, TPS for Nicaragua was extended 13
consecutive times (for periods of 12 or 18 months at a time) under the
same statutory basis of environmental disaster. The last such extension
was due to expire on January 5, 2018.\1\
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\1\ Extension of the Designation of Nicaragua for Temporary
Protected Status, 81 FR 30325 (July 6, 2016).
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Following the statutorily required review of the country
conditions, former Acting Secretary Elaine C. Duke announced the
termination of TPS for Nicaragua, with an effective date of January 5,
- See Termination of the Designation of Nicaragua for Temporary
Protected Status, 82 FR 59636 (Dec. 15, 2017); see also INA secs.
244(b)(3)(A) and (B); 8 U.S.C. 1254a(b)(3)(A) and (B). 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.
Litigation Background Regarding Termination of Certain TPS Designations
In addition to Nicaragua, in 2017-2018, TPS termination decisions
were also announced for five other countries
[[Page 40296]]
by the Secretary or Acting Secretary: Sudan, El Salvador, Haiti, Nepal,
and Honduras.\2\ 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
- 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).\3\ 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.\4\ 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.\5\ 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.\6\
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\2\ Termination of the Designation of Sudan for Temporary
Protected Status, 82 FR 47228 (Oct. 11, 2017); Termination of the
Designation of El Salvador for Temporary Protected Status, 83 FR
2654 (Jan. 18, 2018); 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).
\3\ See Ramos v. Nielsen, 336 F.Supp.3d 1075 (N.D. Cal. Oct. 3,
2018) (``Ramos'') (district court granted preliminary injunction
against terminations of TPS for El Salvador, Haiti, Sudan, and
Nicaragua). On appeal, a three-judge panel of the U.S. Court of
Appeals for the Ninth Circuit vacated the district court's
injunction and remanded the case to the district court, but the
plaintiffs filed a motion for rehearing en banc. Ramos v. Wolf, 975
F.3d 872 (9th Cir. 2020). The appellate court did not issue its
directive to the district court to make its vacatur of the
injunction effective, thus the injunction remained in place. On
February 10, 2023, the Ninth Circuit issued an order granting
rehearing en banc and vacated the previous ruling from its three-
judge panel. 59 F.4th 1010 (9th Cir. 2023). En banc arguments are
scheduled to be heard during the week of June 20, 2023. In the
meantime, the injunction remains in place. See also Bhattarai v.
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019) (district court
stayed 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,
treatment similar to that provided Ramos-covered individuals). Other
litigation was filed relating to the terminations of El Salvador,
Honduras, and Haiti. The Haiti-related case, NAACP v. U.S. Dep't of
Homeland Sec., No. 1:18-cv-00239 (D. Md. Jan. 24, 2018) was
dismissed on May 22, 2021, subsequent to the same DHS designation.
Meanwhile, Centro Presente v. Biden, No. 1:18-cv-10340 (D. Mass.
July 23, 2018), relating to El Salvador, Honduras, and Haiti, and
Casa de Maryland v. Biden, No. 18-00845 (D. Md. Mar. 23, 2018),
relating to El Salvador, are currently either stayed or subject to a
pending stay motion.
\4\ Ramos v. Nielsen, 336 F. Supp. 3d 1075 (N.D. Cal. 2018),
vacated, 975 F.3d 872 (9th Cir. 2020), pet. for reh'g en banc
granted, 59 F.4th 1010 (Feb. 10, 2023) (No. 18-16981). (``Ramos'').
\5\ See Saget v. Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019) and
Order approving Stipulation of Dismissal, dated Oct. 15, 2021.
\6\ 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.\7\ The most
recent such notice continued TPS and extended the TPS-related documents
specified in the notice through June 30, 2024.\8\ 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.\9\ Although the notice published at
87 FR 68717 remains valid, individuals who wish to remain eligible for
TPS under the extension of TPS for Nicaragua announced in this notice
through July 5, 2025, and any potential future extensions must apply
for re-registration in accordance with the procedures announced in this
notice.\10\ Failure to timely re-register without good cause is a
ground for TPS withdrawal. See INA sec. 244(c)(3)(C), 8 U.S.C.
1254a(c)(3)(C); 8 CFR 244.17.
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\7\ 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)).
\8\ 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).
\9\ Id., at 68719.
\10\ 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. See 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 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 Nicaragua 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.\11\ The
decision to designate any foreign state (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
[[Page 40297]]
a designation. See INA sec. 244(b)(5)(A); 8 U.S.C. 1254a(b)(5)(A).
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\11\ 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, Public Law 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 sec. 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 sec. 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 sec. 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 sec. 244(b)(3)(A),
(C); 8 U.S.C. 1254a(b)(3)(A), (C).
On December 15, 2017, the Acting Secretary of Homeland Security
issued notice of her decision that Nicaragua no longer continued to
meet the conditions for TPS designation and announced the termination
of TPS for Nicaragua. The Secretary also announced an orderly
transition period of 12 months, such that the termination was set to go
into effect on January 5, 2019. On March 12, 2018, as noted above,
plaintiffs in Ramos filed suit challenging the termination decision for
Nicaragua, as well as contemporaneous decisions to terminate TPS for El
Salvador, 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
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.\12\ As a result, the announced
termination of the TPS designation for Nicaragua 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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\12\ 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).
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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.\13\ 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 secs. 244(b)(3),
(b)(5)(A); 8 U.S.C. 1254a(b)(3), (b)(5)(A).
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\13\ Ivy Sports Medicine, LLC v. Burwell, 767 F.3d 81, 86 (D.C.
Cir. 2014) (Kavanaugh, J.); see, e.g., id. (``[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)); NRDC v. Regan, 67 F.4th 397, 401 (D.C. Cir.
2023) (``[A]lthough the power to decide is normally accompanied by
the power to reconsider, Congress undoubtedly can limit an agency's
discretion to reverse itself.'' (quotation marks omitted); Macktal
- 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.''); see also Last Best
Beef, LLC v. Dudas, 506 F.3d 333, 340 (4th Cir. 2007) (agencies
possess especially ``broad authority to correct their prior
errors'').
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Why is the Secretary rescinding the previous decision to terminate the
TPS designation for Nicaragua?
After conducting an independent assessment of the country
conditions in Nicaragua as they existed in 2017 and exist today, the
Secretary has determined that Nicaragua's 1999 TPS designation should
not have been terminated. As explained below, the conditions in
Nicaragua that gave rise to its TPS designation in 1999 persisted in
2017 and persist to this day. Accordingly, the Secretary is, upon
reconsideration, vacating the 2017 decision terminating Nicaragua's TPS
designation and extending that designation for an additional 18 months.
Nicaragua was initially designated for TPS in 1999 on environmental
disaster grounds following Hurricane Mitch, at the request of the
country's government, and because Nicaragua was unable, temporarily to
handle adequately the return of its nationals.\14\ The hurricane, which
struck in 1998, killed approximately 2,500 people and 885 were reported
missing.\15\ The devastation of Hurricane Mitch affected nearly 868,000
people.\16\ Landslides and floods destroyed entire villages and caused
extensive damages to the transportation network, housing, medical and
educational facilities, water supply and sanitation facilities, and the
agricultural sector.\17\ Overall damage estimates ranged between $1.3-
1.5 billion.\18\
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\14\ See Designation of Nicaragua Under Temporary Protected
Status, 64 FR 526 (Jan. 5, 1999).
\15\ OCHA, Central America--Hurricane Tropical Storm Mitch OCHA
Situation Report No. 14, Nov. 16, 1998, available at https://reliefweb.int/report/belize/central-america-hurricanetropical-storm-mitch-ocha-situation-report-no-14 (last visited Nov. 7, 2022).
\16\ Id.
\17\ Nicaragua: Hurac[aacute]n Mitch Da[ntilde]os, Costos,
Acciones de Rehabilitaci[oacute]n del Gobierno y la
Cooperaci[oacute]n Internacional, Government of Nicaragua, May 28,
1999, available at https://reliefweb.int/report/nicaragua/nicaragua-hurac%C3%A1n-mitch-da%C3%B1os-costos-acciones-de-rehabilitaci%C3%B3n-del-gobierno-y-la (last visited Nov. 18, 2022).
\18\ Nicaragua Overview, U.S. Agency for International
Development (USAID), http://web.archive.org/web/20110606154439/http://www.usaid.gov/pubs/bj2001/lac/ni/ (last visited Nov. 16,
2022). According to a USAID source, overall damages were US$1.5
billion. The Government of Nicaragua assessed damages at US$1.3
billion. See Nicaragua: Hurac[aacute]n Mitch Da[ntilde]os, Costos,
Acciones de Rehabilitaci[oacute]n del Gobierno y la
Cooperaci[oacute]n Internacional.
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At the time of the decision to terminate the designation of TPS,
Nicaragua continued to experience significant challenges due to the
destruction of the hurricane. While the international community and the
Government of Nicaragua helped to repair the damage and destruction
left behind by Hurricane Mitch and there were notable improvements in
some sectors, several sectors including housing and infrastructure
remained severely impacted. In 2017, Habitat for Humanity reported that
Nicaragua had one of the highest housing deficits in Central America
stating, ``The total deficit generates a need for 957,000 new houses
and home improvements, and only 50 percent of the total need is covered
between the private and public sectors.'' \19\ Moreover, though a
significant amount of aid was dedicated to repairing and improving road
infrastructure following Hurricane Mitch, transportation infrastructure
in Nicaragua remained poor and suffered from damage from tropical
storms and hurricanes.\20\
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\19\ Habitat for Humanity in Nicaragua, Habitat for Humanity,
https://web.archive.org/web/20171121013537/https://www.habitat.org/where-we-build/nicaragua, (last visited June 6, 2017).
\20\ Nicaragua > Infrastructure, Jane's Sentinel Security
Assessment--Central America And The Caribbean, Feb. 3, 2017, http://janes.ihs.com/Janes/Display/1302302 (last visited Nov. 16, 2022).
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Additionally, according to the 2017 Global Climate Risk Index,
Nicaragua
[[Page 40298]]
ranked as the 4th most affected country in the world by extreme weather
events from 1996 to 2015; during this time, Nicaragua averaged $234.7
million in damages per year, and witnessed over 3,200 total fatalities
from extreme weather events.\21\ Per the World Food Program,
Nicaragua's vulnerability to natural disasters hinders its progress in
addressing both poverty and food security.\22\
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\21\ Kreft, S[ouml]nke, Eckstein, David and Melchior, Inga,
Global Climate Risk Index 2017, Germanwatch, p. 5-6, Nov. 2016,
(last visited Nov. 17, 2022).
\22\ WFP Nicaragua Country Brief, World Food Programme, p.2,
Feb. 2017, available at https://reliefweb.int/report/nicaragua/wfp-nicaragua-country-brief-february-2017 (last visited Nov. 17, 2022).
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Since Hurricane Mitch, various hurricanes, tropical depressions,
and tropical storms have made landfall in Nicaragua.\23\ The conditions
leading up to the decision to terminate show recurrent
hydrometeorological and environmental events that delayed and prolonged
Nicaragua's ability to recover. In 2016, heavy rains and wind once
again caused damage and flooding in Nicaragua.\24\ In July 2016, more
than 8,900 people were affected, 3,900 people were evacuated, and
nearly 1,700 homes were flooded due to heavy rains and flooding.\25\ In
November 2016, Hurricane Otto--a category 2 storm--damaged 817 and
destroyed 120 homes and necessitated the evacuation of over 11,600
people.\26\ Also, consecutive years of drought (from November 2013 to
April 2016) \27\ negatively impacted agriculture, fishing, and
hydroelectric energy production in Nicaragua.\28\
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\23\ Central America--Drought in El Salvador, Guatemala,
Honduras and Nicaragua, ACAPS, p.5, Sept. 29, 2015, available at
https://reliefweb.int/report/el-salvador/acaps-briefing-note-central-america-drought-el-salvador-guatemala-honduras (last visited
Nov. 17, 2022).
\24\ Gobierno atiende a familias afectadas por fuertes vientos
en Malpaisillo, Government of Nicaragua, Apr. 27, 2016, available at
https://reliefweb.int/report/nicaragua/gobierno-atiende-familias-afectadas-por-fuertes-vientos-en-malpaisillo (last visited May 22,
2023); REDLAC Weekly Note on Emergencies Latin America & The
Caribbean--Year 9--Volume 451, UNOCHA, May 10, 2016, available at
https://reliefweb.int/report/ecuador/redlac-weekly-note-emergencies-latin-america-caribbean-year-9-volume-451 (last visited Nov. 17,
2022); Monitoring Emergencies: Nicaragua--06/01/2016: 509 people
affected by rain, Pan American Health Organization, June 1, 2016,
available at https://reliefweb.int/report/nicaragua/monitoring-emergencies-nicaragua-06012016-509-people-affected-rain (last
visited Nov. 17, 2022); R[iacute]os crecidos y zonas incomunicadas
por las lluvias, El Nuevo Diario (Nica.), Jun. 6, 2016, available at
https://reliefweb.int/report/nicaragua/r-os-crecidos-y-zonas-incomunicadas-por-las-lluvias (last visited Nov. 17, 2022);
Monitoring Emergencies: Nicaragua--07/12/2016: 1,781 families have
been affected in 9 municipalities due to flooding--Update, Pan
American Health Organization, July 12, 2016, available at https://reliefweb.int/report/nicaragua/monitoring-emergencies-nicaragua-07122016-1781-families-have-been-affected-9 (last visited Nov. 17,
2022); Monitoring Emergencies: Nicaragua--12/13/2016: Strong rains
affect the Southern Caribbean region, Pan American Health
Organization, Dec. 13, 2016, available at https://reliefweb.int/report/nicaragua/monitoring-emergencies-nicaragua-12132016-strong-rains-affect-southern-caribbean (last visited Nov. 17, 2022);
M[aacute]s de 900 familias afectadas por lluvias, Redhum, Oct. 22,
2016, available at https://reliefweb.int/report/nicaragua/m-s-de-900-familias-afectadas-por-lluvias (last visited Nov. 17, 2022).
\25\ Monitoring Emergencies: Nicaragua--07/12/2016: 1,781
families have been affected in 9 municipalities due to flooding--
Update, Pan American Health Organization, July 12, 2016, available
at https://reliefweb.int/report/nicaragua/monitoring-emergencies-nicaragua-07122016-1781-families-have-been-affected-9 (last visited
Nov. 17, 2022); World events--ECHO Daily Map [verbar] 12/07/2016,
European Commission Humanitarian Aid Office, July 12, 2016,
available at https://reliefweb.int/map/world/world-events-echo-daily-map-12072016 (last visited Nov. 17, 2022).
\26\ Humanitarian Bulletin--Latin America and the Caribbean,
UNOCHA, p.2, Nov-Dec. 2016, available at https://reliefweb.int/report/world/humanitarian-bulletin-latin-america-and-caribbean-volume-30-november-december-2016 (last visited Nov. 17, 2022);
Hurac[aacute]n Otto provoca da[ntilde]os en 817 viviendas, Redhum,
Nov. 29, 2016, available at https://reliefweb.int/report/nicaragua/hurac-n-otto-provoca-da-os-en-817-viviendas (last visited Nov. 17,
2022); Rosario presenta informe sobre respuesta a familias afectadas
por el hurac[aacute]n Otto, Redhum, Nov. 28, 2016, available at
https://reliefweb.int/report/nicaragua/rosario-presenta-informe-sobre-respuesta-familias-afectadas-por-el-hurac-n-otto (last visited
Nov. 17, 2022).
\27\ Situaci[oacute]n ``muy grave'' con 40 pozos comunitarios
secos en Occidente, La Prensa (Nic.), Feb. 16, 2017, available at
https://reliefweb.int/report/nicaragua/situaci-n-muy-grave-con-40-pozos-comunitarios-secos-en-occidente (last visited Nov. 17, 2022).
\28\ Rios, Julia, In drought-hit central Nicaragua, water `is
like looking for gold', Agence France-Presse, Apr. 7, 2016,
available at https://www.yahoo.com/news/drought-hit-central-nicaragua-water-looking-gold-101011971.html?guccounter=1 (last
visited Nov. 17, 2022); Silva, Jos[eacute] Ad[aacute]n, Cambio
clim[aacute]tico seca a Nicaragua, Inter Press Service, Mar. 30,
2016, available at https://ipsnoticias.net/2016/03/cambio-climatico-seca-a-nicaragua/ (last visited Nov. 17, 2022).
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The conditions in Nicaragua at the time of the TPS termination
decision prevented Nicaraguan nationals from returning to Nicaragua in
safety and negatively affected the country's ability to adequately
handle the return of its nationals residing in the United States. As
explained above, at the time of the decision to terminate TPS,
Nicaragua continued to experience ongoing environmental disasters that
were either insufficiently considered or not considered in the
termination decision. The termination decision failed to adequately
assess conditions in Nicaragua in 2017. 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 is appropriate and timely, particularly given that the
2017 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
Nicaragua 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 sec. 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
Nicaragua, the most recent extension of the designation was due to end
on January 5, 2018.\29\ In light of the Secretary's reconsideration and
rescission of the December 15, 2017 decision to terminate the TPS
designation for Nicaragua, there is no longer any standing secretarial
determination that Nicaragua ``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 Nicaragua shall have been extended in consecutive increments of six
months between the date when the last designation extension was due to
end on January 5, 2018, and the effective date of the TPS extension
announced in this notice on January 6, 2024. Coupled with the existing
Ramos order and corresponding Federal Register notices continuing TPS
[[Page 40299]]
and TPS-related documentation for affected beneficiaries under the
designation for Nicaragua, this means that all such individuals whose
TPS has not been finally withdrawn for individual ineligibility are
deemed to have retained TPS since January 5, 2018, and may re-register
under procedures announced in this Notice.
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\29\ See Extension of the Designation of Nicaragua for Temporary
Protected Status, 81 FR 30325 (July 6, 2016).
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Why is the Secretary extending the TPS designation for Nicaragua for
TPS for 18 months through July 5, 2025?
DHS has reviewed country conditions in Nicaragua. Based on the
review, including input received from the United States Department of
State (DOS) and other U.S. Government agencies, the Secretary has
determined that an 18-month TPS extension is warranted because the
conditions supporting Nicaragua's 1999 designation for TPS on the basis
of environmental disaster remain.
As previously discussed, Nicaragua was originally designated for
TPS in 1999 \30\ following Hurricane Mitch. Since the disastrous
hurricane in 1998, Nicaragua has been encumbered by several significant
natural disasters and environmental challenges.
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\30\ Designation of Nicaragua Under Temporary Protected Status,
64 FR 526 (Jan. 5, 1999).
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Nicaragua continues to suffer from the residual effects of
Hurricane Mitch, and subsequent disasters have caused additional damage
and added to the country's fragility. ``In the last 20 years, Nicaragua
has been hit by major, extreme weather events such as Hurricanes Mitch
in 1998, Beta in 2005, Felix in 2007, and most recently by hurricanes
Eta and Iota in November 2020 . . . The economic, social, housing, and
infrastructure losses have been devastating for the region.'' \31\
According to the International Federation of Red Cross and Red Crescent
Societies (IFRC), Hurricane Eta and Hurricane Iota left severe damage
in the region, including loss of lives.\32\ The ``back-to-back major
hurricanes affected 60 per cent of the national territory,'' \33\ while
``[c]oastal areas such as the North Caribbean Coast Autonomous Region
(RACCN), a rural area mostly inhabited by indigenous and Afro-
descendant peoples, bore the brunt of the destruction.'' \34\ More than
3 million people were exposed to these hurricanes, with an estimated
1.8 million people affected.\35\ Damages from the hurricanes were
estimated at $738 million\36\ and limited access to safe drinking water
and sanitation facilities, damaged staple crops, and worsened food
insecurity for vulnerable individuals.\37\
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\31\ Nicaragua: Preparatory Action for Disaster/Crisis--DREF
Plan of Action, Operation No. MDRNI011, International Federation of
Red Cross and Red Crescent Societies (IFRC), p.2, Sept. 3, 2021,
available at https://reliefweb.int/report/nicaragua/nicaragua-preparatory-action-disastercrisis-dref-plan-action-operation-ndeg-mdrni011 (last visited Feb. 7, 2023).
\32\ OCHA, Nicaragua: Hurricanes Eta & Iota--Emergency Appeal
No. MDR43007, Operation Update No. 2, International Federation of
Red Cross and Red Crescent Societies (IFRC), p. 2, Jan. 20, 2021,
available at https://reliefweb.int/report/nicaragua/nicaragua-hurricanes-eta-iota-emergency-appeal-n-mdr43007-operation-update-no-2 (last visited Feb. 7, 2023).
\33\ OCHA, Nicaragua: Plan of Action Hurricanes Eta
and Iota, January 2021, Feb. 22, 2021, available at https://reliefweb.int/report/nicaragua/nicaragua-plan-action-hurricanes-eta-and-iota-january-2021-one-pager (last visited Feb. 7, 2023).
\34\ OCHA, Nicaragua Action Plan to focus on recovery efforts
after hurricanes Eta and Iota, United Nations Office for the
Coordination of Humanitarian Affairs (UNOCHA), Mar. 17, 2021,
available at https://www.unocha.org/story/nicaragua-action-plan-focus-recovery-efforts-after-hurricanes-eta-and-iota (last visited
Feb. 7, 2023).
\35\ OCHA, Nicaragua: Plan of Action [bond] Hurricanes Eta and
Iota, January 2021, Feb. 22, 2021, available at https://reliefweb.int/report/nicaragua/nicaragua-plan-action-hurricanes-eta-and-iota-january-2021-one-pager (last visited Feb. 7, 2023).
\36\ Id.
\37\ USAID, Nicaragua Assistance Overview, Aug. 2022, available
at https://www.usaid.gov/humanitarian-assistance/
nicaragua#:~:text=With%20approximately%20%2412.6%20million%20in,affec
ted%20by%20Eta%20and%20Iota. (last visited Feb. 7, 2023).
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On July 1, 2022, Tropical Storm Bonnie hit the Caribbean coast of
Nicaragua.\38\ The storm ``caused flash flooding, overflow in rivers
and landslides in the North and South Caribbean Coast,'' \39\ and
``affected 21 municipalities, flooding 300 homes, ripping off the roofs
of 123 homes, and destroying 3 homes.'' \40\ At least 3,000 people were
evacuated,\41\ and ``[t]ens of thousands of people across Nicaragua
were left without power and more than 10,000 homes had no water.'' \42\
In addition, 12 people were injured,\43\ and four people were killed
when they were ``swept away by rivers which had been turned into raging
torrents by the heavy rains.'' \44\
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\38\ Tropical Storm Bonnie hits Nicaragua's Caribbean Coast, AP,
July 1, 2022, available at https://apnews.com/article/storms-central-america-tropical-cyclones-nicaragua-51688c5a8896b3679b0358004e20d076 (last visited Feb. 7. 2023).
\39\ OCHA, WFP Nicaragua Country Brief, July 2022, Aug. 26,
2022, available at https://reliefweb.int/report/nicaragua/wfp-nicaragua-country-brief-july-2022 (last visited Feb. 7, 2023).
\40\ PAHO, Natural Hazards Monitoring--5 August 2022, Aug. 5,
2022, available at https://www.paho.org/en/natural-hazards-monitoring/natural-hazards-monitoring-5-august-2022 (last visited
Feb. 7, 2023).
\41\ Nicaragua--Floods (PAHO, SINAPRED, INETER) (ECHO Daily
Flash of 06 July 2022), European Commission's Directorate-General
for European Civil Protection and Humanitarian Aid Operations
(ECHO), Jul. 6, 2022, available at https://reliefweb.int/report/nicaragua/nicaragua-floods-paho-sinapred-ineter-echo-daily-flash-06-july-2022 (last visited Feb. 7. 2023).
\42\ Buschschl[uuml]ter, Vanessa, Storm Bonnie leaves deadly
trail in Central America, BBC, July 4, 2022, available at https://www.bbc.com/news/world-latin-america-62037088 (last visited Feb. 7,
2023).
\43\ Nicaragua--Floods (PAHO, SINAPRED, INETER) (ECHO Daily
Flash of 06 July 2022), European Commission's Directorate-General
for European Civil Protection and Humanitarian Aid Operations
(ECHO), July 6, 2022, available at https://reliefweb.int/report/nicaragua/nicaragua-floods-paho-sinapred-ineter-echo-daily-flash-06-july-2022 (last visited Feb. 7, 2023).
\44\ Buschschl[uuml]ter, Vanessa, Storm Bonnie leaves deadly
trail in Central America, BBC, July 4, 2022, available at https://www.bbc.com/news/world-latin-america-62037088 (last visited Feb. 7,
2023).
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On October 9, 2022, Hurricane Julia hit Nicaragua's central
Caribbean coast.\45\ Reports indicate that Hurricane Julia damaged
hundreds of homes but left no reported casualties.\46\ The director of
Nicaragua's disaster system reported that more than 13,000 families had
been evacuated, more than 800 houses had been flooded, and many roofs
had been damaged.\47\
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\45\ Hurricane Julia hits Nicaragua with torrential rainfall,
AP, Oct. 9, 2022, available at https://apnews.com/article/hurricanes-caribbean-storms-nicaragua-tropical-2a6032a0432971cb2c88a9643b5e8f75 (last visited Feb. 7, 2023).
\46\ Tropical Storm Julia emerges over Pacific after crossing
Nicaragua, Reuters, Oct. 10, 2022, available at https://www.reuters.com/business/environment/hurricane-julia-hits-nicaragua-with-high-winds-2022-10-09/ (last visited Feb. 7, 2023).
\47\ Id.
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In addition to hurricanes, Nicaragua has also been impacted by
other hydrometeorological events \48\ and is also one of the countries
in the Dry Corridor of Central America.\49\ These environmental shocks
have affected conditions throughout Nicaragua resulting in deaths,
damage to homes and infrastructure, and loss of crops throughout the
years.\50\
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\48\ OCHA, Hydrometeorological and Climate Services
Modernisation Plan For Nicaragua--January 2019, World Bank Group,
p.2, Jan. 31, 2019, available at https://reliefweb.int/report/nicaragua/hydrometeorological-and-climate-services-modernisation-plan-nicaragua-january-2019 (last visited Feb. 7, 2023).
\49\ OCHA, Central America's Dry Corridor: Turning emergency
into opportunities, Oct. 19, 2022, available at https://reliefweb.int/report/honduras/central-americas-dry-corridor-turning-emergency-opportunities (last visited Feb. 7, 2023).
\50\ Velasquez, Uriel, Lluvias dejan 14 muertos en Nicaragua
[Rains leave 14 dead in Nicaragua], El Nuevo Diario (Ni.), Oct. 19,
2018, available at https://web.archive.org/web/20181019114015/https://www.elnuevodiario.com.ni/nacionales/477437-lluvias-dejan-14-muertos-nicaragua/; Nicaragua floods: DREF final report (8 July
2018), International Federation of Red Cross and Red Crescent
Societies (IFRC), p.1, July 8, 2018, available at https://reliefweb.int/report/nicaragua/nicaragua-floods-dref-final-report-8-july-2018; A comprehensive action plan for the Dry Corridor in
Nicaragua, Food and Agriculture Organization of the United Nations
(FAO), Nov. 27, 2017, available at https://web.archive.org/web/20200731011949/https://www.fao.org/in-action/agronoticias/detail/en/c/1062713/; Moloney, Anastasia, In Honduras, years of drought
pressure farmers to leave land, Reuters, Sept. 27, 2019, available
at https://news.trust.org/item/20190927063451-szxlj/; Torrez Garcia,
Cinthya, Trescientos mil nicarag[uuml]enses viven en riesgo ante
sequia [Three hundred thousand Nicaraguans live at risk of drought],
La Prensa (Ni.), Feb. 27, 2018, available at https://web.archive.org/web/20220613192407/https:/www.laprensani.com/2018/02/27/nacionales/2383214-trescientos-mil-nicaraguenses-viven-en-riesgo-ante-sequia; Josefsen Hermann, Lise, Caught between floods
and drought: Farmers in Nicaragua living in uncertainty, DW, June
12, 2019, available at https://www.dw.com/en/caught-between-floods-and-drought-farmers-in-nicaragua-living-in-uncertainty/a-49021423;
NICARAGUA: Dry spell in northern Nicaragua, ACAPS, p.1, July 24,
2019, available at https://www.acaps.org/sites/acaps/files/products/files/20190724_acaps_start_briefing_note_nicaragua_drought.pdf. (All
sources listed in this footnote last visited Feb. 7, 2023).
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[[Page 40300]]
In addition to the numerous environmental disasters following the
1998 hurricane, Nicaragua is experiencing political instability and a
humanitarian crisis that continue to render the country temporarily
unable to adequately handle the return of its nationals.
The Nicaraguan government's harsh response to domestic dissent and
political opponents began in 2018 when President Ortega proposed to
reduce social security benefits in Nicaragua which triggered
protests.\51\ The government's response was repressive \52\ and
included an ``estimated 325-600 extrajudicial killings, as well as
torture, political imprisonment, and suppression of the press, and led
to thousands of citizens going into exile'' according to a 2019 Report
of the High-Level Commission on Nicaragua of the Organization of the
American States.\53\ The Ortega government launched a new period of
increased oppression beginning in May 2021, arresting dozens of
government critics, including several revolutionary leaders who once
fought alongside Ortega.\54\
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\51\ Nicaragua: Announcement of Ortega's re-election augurs a
terrible new cycle for human rights, Amnesty International, Nov. 8,
2021, available at https://www.amnesty.org/en/latest/news/2021/11/nicaragua-announcement-of-ortegas-re-election-augurs-a-terrible-new-cycle-for-human-rights/ (last visited Feb. 7, 2023).
\52\ United Nations Human Rights Office of the Commissioner,
Human Rights Committee Considers Report of Nicaragua in the Absence
of a Delegation, Experts Ask about the Treatment of Protesters and
Reported Fraudulent Practices in Past Elections, Oct. 19, 2022,
available at https://www.ohchr.org/en/press-releases/2022/10/human-rights-committee-considers-report-nicaragua-absence-delegation-experts (last visited Feb. 7, 2023); Amnesty International, Shoot to
Kill: Nicaragua's Strategy to Repress Protest, May 29, 2018,
available at https://www.amnesty.org/en/documents/amr43/8470/2018/en/ (last visited Feb. 7, 2023).
\53\ Congressional Research Service, Nicaragua in Brief:
Political Developments in 2021, U.S. Policy, and Issues for
Congress, November 4, 2021, available at https://crsreports.congress.gov (last visited Feb. 7, 2023).
\54\ Congressional Research Service, Nicaragua in Brief:
Political Developments and U.S. Policy, June 3, 2022, available at
https://crsreports.congress.gov (last visited Feb. 7, 2023).
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In a September 2022 report, the Office of the United Nations High
Commissioner for Human Rights (OHCHR) reported that the ``human rights
situation in Nicaragua has progressively deteriorated since 2018.''
\55\ The Associated Press noted in August 2022 that political stability
in Nicaragua ``has never fully returned'' since the outbreak of
protests in 2018 and the subsequent ``crackdown by security forces and
allied civilian militias.'' \56\ Moreover, OHCHR reported that it had
noted ``a deterioration of the human rights situation'' in 2022,
``particularly regarding civil and political rights, in a context
characterized by the absence of dialogue, the deepening of the
political crisis, and the isolation of Nicaragua from the international
ommunity.'' \57\ As part of the government's authoritarian crackdown,
it has shut down nearly 3,000 NGOs in 2022, reducing the number of
organizations that would have assisted with disaster response and
recovery efforts.\58\ These actions along with insufficient investment
in public works and other programs necessary for long-term
socioeconomic development have impacted Nicaragua's ability to recover
from Hurricane Mitch.
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\55\ Human Rights Situation in Nicaragua, OHCHR, p. 2, Sept. 2,
2022, available at https://reliefweb.int/report/nicaragua/human-rights-situation-nicaragua-report-united-nations-high-commissioner-human-rights-ahrc5142-unofficial-english-translation (last visited
Feb. 7, 2023).
\56\ Selser, Gabriela, and Hernandez, Maria Teresa, EXPLAINER:
Tension between Nicaragua and the Catholic Church, The Associated
Press, Aug. 14, 2022, available at https://apnews.com/article/religion-caribbean-nicaragua-daniel-ortega-a445a59fd605f8089c5e661cb66c2773 (last visited Feb. 7, 2023).
\57\ Human rights situation in Nicaragua, OHCHR, p.2, Sept. 2,
2022, available at https://reliefweb.int/report/nicaragua/human-rights-situation-nicaragua-report-united-nations-high-commissioner-human-rights-ahrc5142-unofficial-english-translation (last visited
Feb. 7, 2023).
\58\ Associated Press, Nicaragua orders Red Cross to close, in
Ortega government's latest crackdown on civic groups, May 10, 2023,
available at https://apnews.com/article/nicaragua-ortega-red-cross-crackdown-b34298af8fb89f89f0b8ab28b5b21e95 (last visited May 23,
2023).
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The resulting instability has caused a humanitarian crisis. Between
2018 and 2020, more than 108,000 Nicaraguans fled their country,
according to UNHCR.\59\ Further, UNHCR has reported that in 2021, new
asylum applications worldwide by nationals of Nicaragua were among the
most commonly registered and experienced a five-fold increase from
2020.\60\ The UN High Commissioner for Human Rights stated that the
``sociopolitical, economic and human rights crises we are witnessing in
Nicaragua are driving thousands of people from the safety of their
homes. The number of Nicaraguans leaving the country is growing in
unprecedented numbers, even higher than in the 1980s.'' \61\ UNHCR
discussed ``Conflict-Induced Displacement'' in Nicaragua stating that,
``[d]ue to the continuously deteriorating political and security
situation coupled with ongoing state repression, thousands of people
have been forced to flee their homes, hide in safe houses or leave the
country altogether.'' \62\
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\59\ As reported in Noticias Financieras, ``Diaspora and Exiles
Call for March Against `Electoral Fraud' in Nicaragua,'' Oct. 19,
2021, referenced from Congressional Research Service, Nicaragua in
Brief: Political Developments and U.S. Policy, June 3, 2022,
available at https://crsreports.congress.gov (last visited Feb. 7,
2023).
\60\ UNHCR, 2021 Global Trends Report, June 16, 2022, available
at https://www.unhcr.org/62a9d1494/global-trends-report-2021 (last
visited Feb. 7, 2023).
\61\ UN rights chief warns of `unprecedented' exodus from
Nicaragua, Al Jazeera, June 16, 2022, available at https://www.aljazeera.com/news/2022/6/16/un-rights-chief-warns-of-unprecedented-exodus-from-nicaragua (last visited Feb. 7, 2023).
\62\ International Protection Considerations with Regard to
People Fleeing Nicaragua, UNHCR, Jan. 2023, available at https://www.refworld.org/country,,UNHCR,,NIC,,63bc17264,0.html (last visited
May 5, 2023).
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As of June 2022, more than 260,000 Nicaraguans had been forced to
flee their country, including 191,875 to Costa Rica, 30,937 to Mexico,
21,556 to the United States,\63\ 8,124 to Guatemala, 6,774 to Spain,
and 5,170 to Panama.'' \64\ In early September 2022, reports indicated
that Nicaraguans seeking asylum in Costa Rica were at its highest level
since Nicaragua's political crisis exploded in April 2018.\65\
Additionally, more than ``200,000 pending applications and another
50,000 people waiting for their appointment to make a
[[Page 40301]]
formal application'' to seek asylum in Costa Rica, ``Nicaraguans
account for nearly nine out of 10 applicants.'' \66\
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\63\ In January 2023, the Processes for Cubans, Haitians,
Nicaraguans, and Venezuelans (CHNV) allowed for certain Nicaraguan
nationals to request to come to the United States. The U.S.
government will provide travel authorization for up to 30,000
individuals to come to the United States each month across the
Cuban, Haitian, Nicaraguan, and Venezuelan parole processes. The
United States has consistently met the cap since the implementation
of the process. The 21,566 individuals noted above does not include
Nicaraguan nationals who have come to the United States with travel
authorization under CHNV.
\64\ International Protection Considerations with Regard to
People Fleeing Nicaragua, UNHCR, Jan. 2023, available at https://www.refworld.org/country,,UNHCR,,NIC,,63bc17264,0.html (last visited
May 5, 2023).
\65\ Castillo, Moises, and Sherman, Christopher, Fleeing
Nicaraguans strain Costa Rica's asylum system, The Associated Press,
Sept. 2, 2022, available at https://apnews.com/article/covid-health-elections-presidential-caribbean-52044748d15dbbb6ca706c66cc7459a5
(last visited Feb. 7, 2023).
\66\ Id.
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In summary, while progress has been made in repairing damage caused
by the 1998 hurricane, Nicaragua 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. Nicaragua is encumbered by the effects of several
significant natural disasters, environmental challenges, political
instability, and a resulting humanitarian crisis that 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
Nicaragua's designation for TPS was announced on December 15, 2017,
conditions in Nicaragua 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 sec.
244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B).
The conditions supporting Nicaragua's designation for TPS
still continue to be met. See INA sec. 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 Nicaragua resulting in a substantial,
but temporary, disruption of living conditions in the area affected;
Nicaragua is unable, temporarily, to handle adequately the return of
its nationals; and Nicaragua officially requested designation of TPS.
See INA sec. 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B);
The designation of Nicaragua for TPS should be extended
for an 18-month period, beginning on January 6, 2024, and ending on
July 5, 2025. See INA sec. 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 Nicaragua
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 Nicaragua announced in the
Federal Register at 82 FR 59636 on December 15, 2017. 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 Nicaragua has continued
to automatically extend under the statute since May 16, 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 January 5, 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 Nicaragua's designation for TPS on the basis of
environmental disaster continue to be met. See INA secs. 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
Nicaragua for TPS for 18 months, beginning on January 6, 2024, and
ending on July 5, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C). Individuals holding TPS under the designation of
Nicaragua may file to re-register 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 Nicaragua, you
must submit a Form I-821, Application for Temporary Protected Status
during the 60-day reregistration period that starts on November 6,
2023, through January 5, 2024. 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 a Nicaragua 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 July 5, 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 Nicaragua 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 July 5, 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 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 re-register for TPS or risk having your TPS
withdrawn for failure to re-register without good cause.
Information About Fees and Filing
USCIS offers the option to applicants for TPS under Nicaragua'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: Forms I-821 and I-765 are available for concurrent
filing online.\67\ To file these forms online, you must first create a
USCIS online account.\68\ 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.
---------------------------------------------------------------------------
\67\ Find information about online filing at ``Forms Available
to file Online,'' https://www.uscis.gov/file-online/forms-available-to-be-file-online.
\68\ ``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
[[Page 40302]]
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
------------------------------------------------------------------------
If you send your paper applications
via: Then mail your application to:
------------------------------------------------------------------------
U.S. Postal Service (USPS):............ USCIS, Attn: TPS Nicaragua,
P.O. Box 4413, Chicago, IL
60680-4388.
FedEx, UPS, or DHL deliveries:......... USCIS, Attn: TPS Nicaragua (Box
4413), 131 S. Dearborn St.,
3rd Floor, Chicago, IL 60603-
5517.
------------------------------------------------------------------------
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 ``Nicaragua.''
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 The address provided in Table
I-821, Application for Temporary 1.
Protected 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 75266-
the U.S. Postal Service (USPS): 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 S.
approved Form I-821, and you are using State Hwy. 121 Business, Ste.
FedEx, UPS, or DHL: 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
sec. 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 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).
[[Page 40303]]
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 July 5, 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 Nicaraguan 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 Nicaraguan 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, 2024.69
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 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
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 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 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/ier and the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
[[Page 40304]]
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 Nicaragua; 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:
- 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;
- Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
- 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. 2023-13246 Filed 6-20-23; 8:45 am]
BILLING CODE 9111-97-P
