The US Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for Nicaragua. The TPS designation for the country expires on July 5, 2025, and the termination will be effective on September 8, 2025. After September 8, 2025, nationals of Nicaragua (and aliens having no nationality who last habitually resided in Nicaragua) who have been granted TPS under Nicaragua’s designation will no longer have TPS.
Background
Nicaragua was initially designated for TPS on January 5, 1999, based on a determination that an environmental disaster resulted in a substantial, but temporary, disruption of living conditions in the area affected. The Nicaraguan government officially requested the designation, and Nicaragua was unable, temporarily, to adequately handle the return of its nationals. 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 extension was due to expire on January 5, 2018.
Former Acting Secretary Elaine C. Duke announced the termination of Temporary Protected Status (TPS) for Nicaragua, effective January 5, 2019, following a review of country conditions. However, due to litigation and court orders, this termination did not take effect, and the Department of Homeland Security (DHS) issued periodic notices to extend TPS and related documentation for beneficiaries. On June 21, 2023, DHS rescinded the previous administration’s termination of Nicaragua TPS, effective June 9, 2023. A new 18-month extension of TPS for Nicaragua began on January 6, 2024, and remained in effect until July 5, 2025.
After consulting with the appropriate US Government agencies, the Secretary reviewed the country conditions and determined that Nicaragua has made significant progress recovering from the hurricane’s destruction with the help of the international community and is now a growing tourism, ecotourism, agriculture, and renewable energy leader; in addition to that, there has been improvements in its infrastructure with projects focusing on road construction, school infrastructure, and health access.
Based upon that finding, the Secretary concluded that Nicaragua no longer continues to meet the conditions for designation for TPS, namely, that the country is unable to adequately handle the return of its nationals due to the environmental disasters that caused temporary disruption of living conditions.
Implications for Nicaraguan individuals
After September 8, 2025, nationals of Nicaragua (and aliens having no nationality who last habitually resided in Nicaragua) who have been granted TPS under Nicaragua’s designation will no longer have TPS. If TPS recipients have no other avenue to obtain a valid immigration status in the United States, they may be required to depart the United States.
DHS recognizes that Nicaragua TPS beneficiaries continue to be employment authorized during the 60-day transition period. Accordingly, DHS automatically extends the validity of certain EADs previously issued under the TPS designation of Nicaragua through September 8, 2025. Therefore, as proof of continued employment authorization through September 8, 2025, TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of January 5, 2018, January 5, 2019, April 2, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, and July 5, 2025.
Vialto will provide further information as it becomes available.
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Manish Daftari
Partner
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