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Immigration Law Associates, PC

Sudan Designated Temporary Protected Status and South Sudan Re-designated Temporary Protected Status

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The Department of Homeland Security (DHS) announced a new designation of Sudan and an extension and re-designation of South Sudan for Temporary Protected Status (TPS) for 18 months.

Secretary Mayorkas made these decisions after consultation with interagency partners and careful consideration of the conditions in these countries. The TPS designation of Sudan for 18 months is based on extraordinary and temporary conditions that prevent individuals from returning safely. The recent military takeover of Sudan’s government has triggered political instability, violence, and human rights abuses against civilians. A humanitarian crisis linked to unprecedented floods; food and clean water shortages; violence between the communities of Darfur, Blue Nile, and South Kordofan; and internal displacement is ongoing.

Secretary Mayorkas extended and re-designated South Sudan for TPS for 18 months based on an ongoing armed conflict and extraordinary and temporary conditions that prevent individuals from returning safely. South Sudan continues to face increased violence from government security forces and armed groups. Armed clashes have resulted in the mass displacement of civilians, particularly women and girls. Three years of widespread unprecedented flooding in the country have resulted in South Sudan facing one of the most dire food crises since its independence in 2011.

Individuals newly eligible for TPS under the Sudan designation must have continuously resided in the United States since March 1, 2022. This includes those who benefited from the previous TPS designation for Sudan, which required continuous residence in the United States on or before January 9, 2013.

TPS applicants must meet all eligibility requirements and undergo security and background checks. Those who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS.

In October 2017, a Federal Register notice announced the termination of Sudan’s TPS designation effective November 2, 2018. However, due to litigation, TPS for Sudan has remained in effect to date. Existing TPS Sudan beneficiaries retain their TPS and TPS-related documents through December 31, 2022, and DHS will continue to extend the benefit and documents, as required by court order. However, these beneficiaries are also strongly encouraged to register under the new designation of Sudan to receive TPS benefits for the full 18-month period. Individuals will need to file a new application to register for TPS to avoid losing TPS or experiencing a gap in coverage.

The 18-month extension and re-designation of South Sudan for TPS will be in effect from May 3, 2022, through November 3, 2023. To be eligible, individuals must have continuously resided in the United States since March 1, 2022 and meet all other TPS eligibility criteria. The extension of South Sudan allows currently eligible TPS South Sudan beneficiaries to re-register and retain TPS through November 3, 2023, so long as they otherwise continue to meet the TPS eligibility requirements. The re-designation of South Sudan allows additional individuals who have been continuously residing in the United States since March 1, 2022, to obtain TPS, if otherwise eligible.

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