[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40304-40315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13017]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2733-22; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB75


Reconsideration and Rescission of Termination of the Designation 
of Honduras for Temporary Protected Status; Extension of the Temporary 
Protected Status Designation for Honduras

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 Honduras for Temporary Protected Status (TPS) and Notice 
of Extension of TPS Designation for Honduras.

-----------------------------------------------------------------------

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 Honduras for 
TPS which was published on June 5, 2018 and extending the designation 
of Honduras 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 Honduras for 
TPS took effect June 9, 2023.
    Extension of Designation of Honduras for TPS: The 18-month 
extension of TPS for Honduras 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 Honduras.
    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 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 Honduras's TPS designation by selecting 
``Honduras'' 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:

[[Page 40305]]

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 Honduras 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 Honduras (or 
individuals having no nationality who last habitually resided in 
Honduras) 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 Honduras' 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 Honduras's 
designation, the 60-day re-registration period runs November 6, 2023 
through January 5, 2024. USCIS will issue new EADs with a July 5, 2025, 
expiration date to eligible Honduran TPS beneficiaries who timely re-
register and apply for EADs.
    Individuals who have a Honduras 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 reregister without good cause. 
There are currently approximately 76,000 beneficiaries under Honduras'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 Honduras designated for TPS?

    Honduras was initially designated for TPS based on an environmental 
disaster that resulted in a substantial disruption of living 
conditions, in response to a request by the country's government, and 
because Honduras temporarily was unable to handle adequately the return 
of its nationals. See Designation of Honduras Under Temporary Protected 
Status, 64 FR 524 (Jan. 5, 1999). Since its initial designation in 
1999, TPS for Honduras was extended thirteen consecutive times \1\ by 
subsequent Attorneys General and Secretaries of Homeland Security until 
2017. That year, former Acting Secretary Elaine Duke did not make a 
decision on extending or terminating Honduras's TPS designation by the 
statutory deadline, resulting in an automatic 6-month extension of the 
designation, through July 5, 2018.\2\
---------------------------------------------------------------------------

    \1\ Extension of Designation of Honduras Under Temporary 
Protected Status Program, 65 FR 30438 (May 11, 2000); Extension of 
the Designation of Honduras Under the Temporary Protected Status 
Program, 66 FR 23269 (May 8, 2001); Extension of the Designation of 
Honduras Under the Temporary Protected Status Program, 67 FR 22451 
(May 3, 2002); Extension of the Designation of Honduras Under 
Temporary Protected Status Program; Automatic Extension of 
Employment Authorization Documentation for Hondurans, 68 FR 23744 
(May 5, 2003); Extension of the Designation of Temporary Protected 
Status for Honduras; Automatic Extension of Employment Authorization 
Documentation for Honduras TPS Beneficiaries, 69 FR 64084 (November 
3, 2004); Extension of the Designation of Temporary Protected Status 
for Honduras; Automatic Extension of Employment Authorization 
Documentation for Honduras TPS Beneficiaries, 71 FR 16328 (March 31, 
2006); Extension of the Designation of Honduras for Temporary 
Protected Status; Automatic Extension of Employment Authorization 
Documentation for Honduran TPS Beneficiaries, 72 FR 29529 (May 29, 
2007); Extension of the Designation of Honduras for Temporary 
Protected Status, 73 FR 57133 (Oct. 1, 2008); Extension of the 
Designation of Honduras for Temporary Protected Status and Automatic 
Extension of Employment Authorization Documentation for Honduran TPS 
Beneficiaries, 75 FR 24734 (May 5, 2010); Extension of the 
Designation of Honduras for Temporary Protected Status and Automatic 
Extension of Employment Authorization Documentation for Honduran TPS 
Beneficiaries, 76 FR 68488 (Nov. 4, 2011); Extension of the 
Designation of Honduras for Temporary Protected Status, 78 FR 20123 
(Apr. 3, 2013); Extension of the Designation of Honduras for 
Temporary Protected Status, 79 FR 62170 (Oct. 16, 2014); Extension 
of the Designation of Honduras for Temporary Protected Status, 81 FR 
30331 (May 16, 2016).
    \2\ See 82 FR 59630 (Dec. 15, 2017). If the Secretary makes no 
decision on extension or termination of a country's TPS designation 
by at least 60 days before the expiration of the existing TPS 
designation, then INA, section 244(b)(3)(C) requires that the 
designation be extended an additional six months (or 12 or 18 months 
in the Secretary's discretion).
---------------------------------------------------------------------------

    Following the statutorily required review of the country 
conditions, former Secretary Kirstjen M. Nielsen announced the 
termination of TPS for Honduras, with an effective date of January 5, 
2020; see Termination of the Designation of Honduras for Temporary 
Protected Status; \3\ 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 has been 
the

[[Page 40306]]

subject of litigation and a court order that has prevented the 
termination from taking effect.
---------------------------------------------------------------------------

    \3\ 83 FR 26074 (June 5, 2018).
---------------------------------------------------------------------------

Litigation Background Regarding Termination of Certain TPS Designations

    In addition to Honduras, in 2017-2018, TPS was also terminated for 
five additional countries by the Secretary or Acting Secretary: Sudan, 
Nicaragua, El Salvador, Haiti, and Nepal.\4\ 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).\5\ 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.\6\ The court's preliminary injunction thus remains in place. 
In Bhattarai--which challenged the determination to terminate TPS for 
Honduras--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 appeal. In Saget, the district court granted a 
preliminary injunction enjoining termination of TPS for Haiti, and the 
Government appealed.\7\ 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.\8\
---------------------------------------------------------------------------

    \4\ 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 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). Haiti and 
Sudan were 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) and 
Designation of Sudan for Temporary Protected Status, 87 FR 23202 
(Apr. 19, 2022).
    \5\ 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.
    \6\ See Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition 
for reh'g en banc granted, 2023 WL 1880467 (Feb. 10, 2023) (No. 18-
16981).
    \7\ See Saget, et. al., v. Trump, et. al., 375 F.Supp 280 
(E.D.N.Y. April 11, 2019) and Order approving Stipulation of 
Dismissal, dated Oct. 15, 2021.
    \8\ 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). 
Plaintiffs in Ramos and Bhattarai remain eligible for TPS status 
based on DHS new and continued designations.
---------------------------------------------------------------------------

    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.\9\ The most 
recent such notice continued TPS and extended the TPS-related documents 
specified in the notice through June 30, 2024.\10\ These extensions of 
documentation 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.\11\ Although the notice 
published at 87 FR 68717 remains valid, individuals who wish to remain 
eligible for TPS under the extension of TPS for Honduras 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.\12\ 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. 12(c)(3)(C); 8 CFR 244.17.
---------------------------------------------------------------------------

    \9\ 83 FR 54764 (Oct. 31, 2018); 84 FR 7103 (March 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); and 86 FR 50725 (Sept. 10, 2021) (correction notice issued at 
86 FR 52694 (Sept. 22, 2021). 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\ 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).
    \11\ Id. See fn. 1 for acceptable re-registration periods for 
TPS Honduras beneficiaries).
    \12\ 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 Honduras TPS beneficiaries 
may include a requirement to re-register).
---------------------------------------------------------------------------

What authority does the Secretary have to reconsider and rescind the 
termination of TPS for Honduras?

    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.\13\ The

[[Page 40307]]

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 a designation. See INA section 244(b)(5)(A); 8 U.S.C. 
1254a(b)(5)(A).
---------------------------------------------------------------------------

    \13\ 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 107296, 116 Stat. 2135. 
Congress transferred this authority from the Attorney General to the 
Secretary of Homeland Security. See 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 section 244(b)(1).
---------------------------------------------------------------------------

    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 June 5, 2018, the Secretary of Homeland Security issued notice 
of her decision that Honduras no longer continued to meet the 
conditions for TPS designation and terminated TPS for Honduras stating 
that the conditions supporting Honduras's 1999 designation for TPS on 
the basis of environmental disaster due to the damage caused by 
Hurricane Mitch in October 1998 were no longer met. The Secretary also 
announced an orderly transition period of 18 months, such that the 
termination was set to go into effect on January 5, 2020. However, as 
noted above, plaintiffs in Bhattarai challenged the termination 
decisions for Honduras and Nepal. On March 12, 2019, the proceedings 
were stayed, and the parties stipulated that the termination decision 
would not go into effect during the pendency of the Ramos appeal and 
for at least 120 days thereafter. The district court also approved the 
parties' stipulation that TPS and TPS-related documentation of affected 
beneficiaries of the Honduras and Nepal TPS designations would continue 
under terms similar to those applied to the Ramos-covered 
beneficiaries. The order to stay proceedings and approval of the 
stipulation remain in effect.\14\ DHS has since issued a series of 
Federal Register notices continuing TPS and TPS-related documentation 
for affected TPS beneficiaries, with the most recent notice effective 
through June 30, 2024.\15\ As a result, the termination of the TPS 
designation for Honduras 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).
---------------------------------------------------------------------------

    \14\ Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 
2019).
    \15\ See 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); and 86 FR 50725 (Sept. 10, 2021) (correction notice 
issued at 86 FR 52694 (Sept. 22, 2021); and 87 FR 68717 (Nov. 16, 
2022). DHS had published previous notices to comply with the earlier 
preliminary injunction order issued by the Ramos court. See 83 FR 
54764 (Oct. 31, 2018); 84 FR 7103 (March 1, 2019).
---------------------------------------------------------------------------

    An agency has inherent (that is, statutorily implicit) authority to 
revisit its prior decisions within a reasonable period 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).
---------------------------------------------------------------------------

    \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)); 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 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.'').
---------------------------------------------------------------------------

Why is the Secretary rescinding the previous termination of the TPS 
designation for Honduras?

    After conducting an independent assessment of the country 
conditions in Honduras as they existed in 2018 and exist today, the 
Secretary has determined that Honduras's 1999 designation should not 
have been terminated. As explained below, the conditions in Honduras 
that gave rise to its TPS designation in 1999 persisted in 2018 and 
continue to this day. Accordingly, the Secretary is, upon 
reconsideration, rescinding the 2018 decision terminating Honduras's 
TPS designation and extending that designation for an additional 18 
months.
    Honduras was initially designated for TPS in 1999 \17\ following 
the destruction wrought by Hurricane Mitch, which struck Honduras in 
October 1998, causing a substantial disruption of living conditions in 
Honduras.\18\ In the Secretary's view, the determination to terminate 
Honduras's TPS designation erroneously concluded that the conditions 
giving rise to that designation had been ameliorated by 2018, such that 
Honduras was able to adequately handle the return of its nationals. 
Numerous environmental, political, and social crises since Hurricane 
Mitch, however, have prevented the country from recovering from the 
hurricane and continue to impair Honduras from ensuring the safe return 
of its nationals.
---------------------------------------------------------------------------

    \17\ Designation of Honduras Under Temporary Protected Status, 
64 FR 526 (Jan. 5, 1999).
    \18\ OCHA, Analysis of the medium-term effects of Hurricane 
Mitch on food security in Central America, Nov. 30, 2001, available 
at https://reliefweb.int/report/belize/analysis-medium-term-effects-hurricane-mitch-food-security-central-america.
---------------------------------------------------------------------------

    Although recovery efforts were implemented in the years after 
Hurricane Mitch, the effects of Hurricane Mitch set back Honduras 
economically and socially by as much as 20 years.\19\ Since Hurricane 
Mitch, various hurricanes, tropical storms, and tropical depressions 
have made landfall in Honduras. These subsequent natural disasters, to 
which the termination decision gave inadequate attention, significantly 
impeded Hurricane Mitch-related reconstruction projects.
---------------------------------------------------------------------------

    \19\ Su[aacute]rez, Gin[eacute]s, & S[aacute]nchez, Walter J., 
Desastres, riesgo y desarrollo en Honduras: Delineando los 
v[iacute]nculos entre el desarrollo humano y la construcci[oacute]n 
de riesgo en Honduras, Programa de las Naciones Unidas para el 
Desarrollo (PNUD), p.22, Jan. 2012, available at: https://criterio.hn/wp-content/uploads/2020/11/INFORME-PNUD-desastres-ambientales-honduras.pdf.
---------------------------------------------------------------------------

    Hurricane Mitch caused a substantial disruption of living 
conditions in Honduras, resulting in, among other things, substantial 
housing, and food shortages. See 65 FR 30438 (May 11, 2000). The 
determination to terminate TPS for Honduras failed to recognize that 
many of these conditions persisted in 2018, exacerbated by subsequent 
environmental disasters and other problems. The termination 
determination did not consider that in the years prior to the 
determination, approximately 1.3 million people remained in need of 
humanitarian assistance \20\ due in part to Hurricane

[[Page 40308]]

Mitch and subsequent environmental impacts. For example, over 2 million 
Hondurans--approximately 25% of the population--had been severely 
affected by drought, and over 460,000 were in need of food 
assistance.\21\ By March 2017, consecutive years of drought had left 
many subsistence farmers in the Dry Corridor struggling to produce 
food.\22\ In addition to impacting food security, UNOCHA reported that 
the drought had also ``contributed to the spread of mosquito-borne 
diseases, such as Zika, malaria, dengue and chikungunya.'' \23\ Also 
contributing to illness was destruction from forest fires which 
increased by 40% in the first three months of 2017 compared to the same 
time period the previous year.\24\ The termination decision failed to 
assess adequately or give sufficient weight to these health and safety 
issues that have persisted since Hurricane Mitch and impeded recovery 
from the hurricane.
---------------------------------------------------------------------------

    \20\ Central America Sub-Regional Analysis--El Salvador, 
Guatemala, Honduras: Humanitarian Needs Overview 2016 (Dec 2015), 
United Nations Office for the Coordination of Humanitarian Affairs 
(UNOCHA), p. 6, Jan. 14, 2016, available at: https://reliefweb.int/report/guatemala/central-america-sub-regional-analysis-el-salvador-guatemala-honduras-humanitarian.
    \21\ El Ni[ntilde]o: Overview of Impact, Projected Humanitarian 
Needs, and Reponses, p.18; WFP Honduras--Country Brief, p.1, Jun. 
2016, available at: http://reliefweb.int/sites/reliefweb.int/files/resources/Honduras_CB_June2016OIM.pdf; UN Envoy: Drought-hit 
Honduras Needs New Approach to Tackle Extreme Weather, Reuters, Aug. 
1, 2016, available at: http://www.voanews.com/a/un-envoy-drought-hit-honduras-needs-new-approach-to-tackle-extreme-weather/3444720.html.
    \22\ Hares, Sophie, Honduran farmers prize rainwater as most 
precious harvest, Thomson Reuters Foundation, Mar. 22, 2017, 
available at: http://reliefweb.int/report/honduras/honduran-farmers-prize-rainwater-most-precious-harvest.
    \23\ El Ni[ntilde]o: Overview of Impact, Projected Humanitarian 
Needs, and Reponses, UN Office for the Coordination of Humanitarian 
Affairs (UNOCHA), p. 23, June 3, 2016, available at: https://reliefweb.int/report/world/el-ni-o-overview-impact-projected-humanitarian-needs-and-response-02-june-2016.
    \24\ En un 40% aumentan incendios en el pa[iacute]s, La Tribuna 
(Hon.), Apr. 2, 2017, available at: http://reliefweb.int/report/honduras/en-un-40-aumentan-incendios-en-el-pa-s.
---------------------------------------------------------------------------

    The decision to terminate also did not appropriately consider that 
despite efforts and foreign assistance after Hurricane Mitch, Honduras 
was still experiencing a housing deficit. According to a 2016 study by 
Habitat for Humanity Honduras, Honduras had a housing deficit exceeding 
1.3 million units.\25\
---------------------------------------------------------------------------

    \25\ Habitat for Humanity Honduras, Habitat for Humanity, 
available at: http://www.habitat.org/where-we-build/honduras (last 
visited Apr. 6, 2023).
---------------------------------------------------------------------------

    Aside from environmental impacts on the recovery from Hurricane 
Mitch, at the time of the decision to terminate TPS, Honduras continued 
to face challenges of violent crime, which have likewise made recovery 
from the hurricane more difficult.\26\ In 2016, there were an estimated 
174,000 internally displaced people in Honduras.\27\ ``Internal 
displacement was generally caused by violence, national and 
transnational gang activity, human trafficking, and migrant 
smuggling.'' \28\ Additionally, although Honduras's murder rate had 
been falling in recent years, Honduras remained ``one of the world's 
deadliest peacetime nations'' in 2017 with a murder rate of 59.1 
killings per 100,000 people.\29\ Extortion remained a critical problem 
and a major source of violence that impacted almost all segments of 
society, including bus and taxi companies, small businesses, and 
ordinary citizens.\30\ Together, these factors negatively impacted 
Honduras's ability to adequately handle the return of its nationals 
granted TPS.
---------------------------------------------------------------------------

    \26\ World Report 2018--Honduras Events of 2017, Human Rights 
Watch, Jan. 18, 2018, available at: https://www.hrw.org/world-report/2018/country-chapters/honduras (last visited: Apr. 6, 2023); 
Freedom in the World 2018, Honduras, Freedom House, Jan. 2018, 
available at: https://freedomhouse.org/country/honduras/freedom-world/2018 (last visited: Apr. 6, 2023).
    \27\ U.S. Department of State, 2017 Country Reports on Human 
Rights Practices: Honduras, Apr. 20, 2018, available at: https://www.state.gov/reports/2017-country-reports-on-human-rights-practices/honduras/ (last visited: Apr. 6, 2023).
    \28\ Id.
    \29\ Reuters, Honduras murder rate fell by more than 25 percent 
in 2017: government, Jan. 18, 2018, available at: https://www.reuters.com/article/us-honduras-violence/honduras-murder-rate-fell-by-more-than-25-percent-in-2017-government-idUSKBN1ER1K9 (last 
visited: Mar. 17, 2023).
    \30\ Gurney, Krya, What an Extortion Call in Honduras Sounds 
Like, InSight Crime, Mar. 4, 2015, available at: http://www.insightcrime.org/news-analysis/what-an-extortion-call-in-honduras-sounds-like; Refworld, UNHCR Eligibility Guidelines for 
Assessing the International Protection Needs of Asylum-Seekers from 
Honduras, July 27, 2016, available at: https://www.refworld.org/docid/579767434.html (last visited: March 17, 2023).
---------------------------------------------------------------------------

    At the time of the TPS termination decision, the country continued 
to suffer from impacts of Hurricane Mitch and subsequent environmental 
events, including humanitarian needs, hunger, disease, housing 
deficits, and underdeveloped infrastructure, in addition to widespread 
violence. The enduring impact of Hurricane Mitch in Honduras at the 
time of the decision to terminate TPS continued to substantially 
disrupt living conditions. Those enduring conditions impacting 
Honduras's ability to recover from Hurricane Mitch along with 
Honduras's challenges with violent crime affected the country's ability 
to adequately handle the return of its nationals granted TPS residing 
in the United States. The Secretary has concluded that reconsideration 
and rescission of the termination of TPS is timely, particularly given 
that the 2018 termination decision has not yet gone into effect.

What authority does the Secretary have to extend the designation of 
Honduras for TPS?

    As noted above, INA section 244(b), 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 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 
Honduras, the most recent extension of the designation was due to end 
on July 5, 2018.\31\ In light of the Secretary's reconsideration and 
rescission of the June 5, 2018 notice of termination of the TPS 
designation for Honduras, there is no longer any standing secretarial 
determination that Honduras ``no longer meets the conditions for 
designation'' under INA section 244(b)(1). Accordingly, with this 
rescission of the prior termination, 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

[[Page 40309]]

automatic six months triggered by the statute, the TPS designation for 
Honduras shall have been extended in consecutive increments of 6 months 
between the date when the last designation extension was due to end on 
July 5, 2018, and the effective date of the TPS extension announced in 
this Notice, January 6, 2024. Coupled with the existing Bhattarai order 
and corresponding Federal Register notices continuing the TPS and TPS-
related documentation for affected beneficiaries under the designation 
for Honduras, this means that all such individuals whose TPS has not 
been finally withdrawn for individual ineligibility are deemed to have 
retained TPS since July 5, 2018, and may re-register under procedures 
announced in this notice.
---------------------------------------------------------------------------

    \31\ 82 FR 59631 (Dec. 15, 2017).
---------------------------------------------------------------------------

Why is the Secretary extending the TPS designation for Honduras for TPS 
for 18 months through July 5, 2025?

    DHS has reviewed country conditions in Honduras. 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 environmental disaster conditions and 
substantial disruption of living conditions supporting Honduras's TPS 
designation remain.
    Since Honduras was designated for TPS in January 1999, various 
natural disasters, and related environmental concerns--including 
hurricanes, tropical storms, flooding and heavy rain, severe drought, 
and mosquito-borne illnesses--have contributed to loss of life and 
damages to property and infrastructure in Honduras and prevented the 
country from fully recovering from Hurricane Mitch. Additionally, since 
the extension of TPS for Honduras in 2018,\32\ violence and social and 
political concerns have adversely impacted living conditions and 
hindered recovery from environmental disasters in Honduras.\33\ These 
subsequent natural disasters, violence, and social and political 
concerns continue to inflict damage on a population that has not fully 
recovered from Hurricane Mitch and impact Honduras's ability to 
adequately handle the return of its nationals granted TPS. Accordingly, 
the Secretary has concluded that the conditions that gave rise to 
Honduras's 1999 TPS designation persist, and an extension is therefore 
warranted. Since Hurricane Mitch, Honduras has been impacted by a 
``repetitive cycle'' of storm-related damage to infrastructure and 16 
of the 18 departments in the country recently reported damaged roads, 
collapsed bridges, devastated crops, flooded houses, and 
landslides.\34\
---------------------------------------------------------------------------

    \32\ The TPS designation of Honduras was statutorily 
automatically extended for 6 months (from January 6, 2018, through 
July 5, 2018) after the Secretary of Homeland Security did not make 
a determination on Honduras's designation 60 days prior to the 
previous expiration (January 5, 2018). Subsequently, on June 5, 
2018, the Secretary published a determination to terminate TPS for 
Honduras, effective January 5, 2020.
    \33\ United Nations Office for the Coordination of Humanitarian 
Affairs, Honduras Humanitarian Needs Overview 2023 (September 2022) 
(Feb. 8, 2023), https://reliefweb.int/report/honduras/honduras-humanitarian-needs-overview-2023-september-2022 (last visited Mar. 
13, 2023).
    \34\ Starting from Scratch Over and Over Again: Heavy Rains and 
Floods Displace Thousands of Hondurans, International Organization 
for Migration (IOM), Oct. 28, 2022, available at: https://reliefweb.int/report/honduras/starting-scratch-over-and-over-again-heavy-rains-and-floods-displace-thousands-hondurans (last visited 
Apr. 6, 2023).
---------------------------------------------------------------------------

    In 2019, Honduras experienced a severe drought that ``decimated 
staple-crop harvests of beans and maize by up to 80% in some areas,'' 
and led the government to declare a state of emergency.\35\ In November 
2020, within weeks of each other,\36\ hurricanes Eta and Iota, both 
Category 4 storms,\37\ struck Honduras. UNHCR noted that ``more than 4 
million people were affected by Hurricanes Eta and Iota in Honduras 
alone,'' \38\ about ``half the country's population.'' \39\ ``In 2020, 
hurricanes Eta and Iota forced more than 55,000 to move into temporary 
shelters, according to the Red Cross.'' \40\ In rural areas, the storms 
destroyed fields and slow receding water hindered sowing, impacting the 
livelihood of those who depend on seasonal crops. In urban areas, the 
storms greatly impacted populations already suffering socioeconomic 
effects of the COVID-19 pandemic, job losses, and increased 
violence.\41\
---------------------------------------------------------------------------

    \35\ Moloney, Anastasia, In Honduras, years of drought pressure 
farmers to leave land, Reuters, Sept. 27, 2019, available at: 
https://reliefweb.int/report/honduras/honduras-years-drought-pressure-farmers-leave-land.
    \36\ In Honduras, climate change is one more factor sparking 
displacement, United Nations High Commissioner for Refugees (UNHCR), 
Nov. 9, 2021, available at: https://reliefweb.int/report/honduras/honduras-climate-change-one-more-factor-sparking-displacement.
    \37\ The National Oceanic and Atmospheric Administration (NOAA) 
defines category 4 hurricanes as major storms with winds between 
130-156 miles per hour which cause catastrophic damage. See: Saffir-
Simpson Hurricane Wind Scale, National Oceanic and Atmospheric 
Administration, https://www.nhc.noaa.gov/aboutsshws.php. (last 
visited Jun. 17, 2022).
    \38\ In Honduras, climate change is one more factor sparking 
displacement, United Nations High Commissioner for Refugees (UNHCR), 
Nov. 9, 2021, available at: https://reliefweb.int/report/honduras/honduras-climate-change-one-more-factor-sparking-displacement.
    \39\ Lakhani, Nina, `We can't live like this': climate shocks 
rain down on Honduras's poorest, The Guardian, Oct. 28, 2021, 
available at: https://www.theguardian.com/environment/2021/oct/28/honduras-climate-crisis-floods-hurricanes-poor-community.
    \40\ World Report 2022--Honduras, Human Rights Watch, Jan. 13, 
2022, available at: https://www.hrw.org/world-report/2022/country-chapters/honduras#dbcb23.
    \41\ Honduras: Hurricane Eta and Iota--Emergency appeal n[deg] 
MDR43007 Operation Update no. 2, International Federation of Red 
Cross and Red Crescent Societies (IFRC), Jan. 21, 2021, available 
at: https://reliefweb.int/report/honduras/honduras-hurricane-eta-and-iota-emergency-appeal-n-mdr43007-operation-update-no-2.
---------------------------------------------------------------------------

    Among the storms affecting Honduras recently was Tropical Storm 
Julia, which ``wreaked havoc in 15 of the country's 18 departments.'' 
\42\Flooding related to Julia is estimated to have affected over 
200,000 Hondurans.\43\ Even a ``relatively weak'' hurricane like Julia 
reportedly can cause significant destruction in Honduras due to 
unaddressed damage to infrastructure from previous storms.\44\
---------------------------------------------------------------------------

    \42\ United Nations Office for the Coordination of Humanitarian 
Affairs, Honduras Humanitarian Needs Overview 2023 (September 2022) 
(Feb. 8, 2023), https://reliefweb.int/report/honduras/honduras-humanitarian-needs-overview-2023-september-2022 (last visited Feb. 
9, 2023).
    \43\ Id.
    \44\ Brigida, Anna-Cat, Hurricane Julia pushes displaced 
Hondurans to consider migration, Al Jazeera, Oct. 18, 2022, 
available at: https://www.aljazeera.com/news/2022/10/18/hurricane-julia-pushes-displaced-hondurans-to-consider-migration.
---------------------------------------------------------------------------

    Recent tropical storms, flooding, and subsequent landslides across 
the country in 2022 ``affected 188,000 people'' and sparked another 
government declared country-wide state of emergency, after 23,000 
people were evacuated from homes and more than 12,300 people moved into 
housing shelters across eight departments.\45\ As of August 2022, 
``more than 16,000 public educational centers in Honduras lack adequate 
infrastructure. Some 5,700 centers lack drinking water, and 44% of 
schools do not have electricity.'' \46\ ``Between 1 September and 10 
October, 162 municipalities in 15 of the 18 departments in Honduras 
reported damage to basic and critical infrastructure, including over 
3,500 damaged or destroyed houses (COPECO/Gov't of Honduras 11/10/
2022).'' \47\
---------------------------------------------------------------------------

    \45\ ACAPS Briefing Note: Honduras--Impact of Floods, ACAPS, 
p.1, Oct. 27, 2022, available at: https://reliefweb.int/report/honduras/acaps-briefing-note-honduras-impact-floods-27-october-2022.
    \46\ Quartucci, Soledad, Educational Reform in Honduras-The 
Roots of Challenges and the Way Forward, Latina Republic, Aug. 29, 
2022, available at: https://latinarepublic.com/2022/08/29/educational-reform-in-honduras-the-roots-of-challenges-and-the-way-forward/.
    \47\ ACAPS Briefing Note: Honduras--Impact of Floods, ACAPS, 
p.1, Oct. 27, 2022, available at: https://reliefweb.int/report/honduras/acaps-briefing-note-honduras-impact-floods-27-october-2022.

---------------------------------------------------------------------------

[[Page 40310]]

    The Food and Agriculture Organization of the United Nations (FAO) 
noted in April 2022 that ``[t]he number of acutely food-insecure people 
in Honduras has doubled in just over a year, due to the combined impact 
of COVID-19, poverty and climate-related disasters.'' \48\ The United 
Nations estimated a similar impact, reporting that in early 2022, 2.8 
million people in Honduras were in need of humanitarian assistance.\49\ 
Recent reports indicate that food insecurity is worsening, with at 
least 2.6 million people in Crisis (IPC Phase 3) \50\ or worse levels 
of food insecurity, which is more than a quarter of the population.\51\ 
Environmental events have been a driving factor for food insecurity by 
``affecting food production and availability and increasing staple food 
prices in markets,'' such that Honduras faced a ``Crisis (IPC Phase 3) 
food insecurity.'' \52\
---------------------------------------------------------------------------

    \48\ Honduras: Humanitarian Response Plan 2022, Food and 
Agriculture Organization of the United Nations (FAO), p.1, Apr. 6, 
2022, available at: https://reliefweb.int/report/honduras/honduras-humanitarian-response-plan-2022.
    \49\ Global Humanitarian Overview 2022, United Nations Office 
for the Coordination of Humanitarian Affairs, https://www.unocha.org/sites/unocha/files/Global%20Humanitarian%20Overview%202022.pdf.
    \50\ IPC Acute Food Insecurity is categorized in five distinct 
phases: (1) Minimal/None, (2) Stressed, (3) Crisis, (4) Emergency, 
(5) Catastrophe/Famine. For additional information on these 
classifications, please see the IPC Technical Manual, available at: 
https://www.ipcinfo.org/fileadmin/user_upload/ipcinfo/docs/IPC-Manual-2-Interactive.pdf.
    \51\ United Nations Office for the Coordination of Humanitarian 
Affairs, Honduras Humanitarian Needs Overview 2023 (September 2022) 
(Feb. 8, 2023), https://reliefweb.int/report/honduras/honduras-humanitarian-needs-overview-2023-september-2022. (last visited Mar. 
13, 2023).
    \52\ ACAPS Briefing Note: Honduras--Impact of Floods, ACAPS, 
p.2, Oct. 27, 2022, available at: https://www.acaps.org/sites/acaps/files/products/files/20221027_acaps_rapid_analysis_team_briefing_note_honduras_flooding.pdf.
---------------------------------------------------------------------------

    In June 2022, The Guardian reported that pneumonia was ``one of the 
leading causes of child death in Honduras,'' and deaths of children 
``caused by the disease are strongly linked to malnutrition, lack of 
safe water and sanitation, and inadequate access to healthcare.'' \53\ 
Honduras reported the highest number of severe dengue fever cases in 
the Americas in both 2020 \54\ and 2021.\55\ In 2020, the risks of 
major infectious diseases including typhoid fever, dengue fever and 
malaria were also rated as high.\56\ According to the U.S. Embassy in 
Honduras, ``medical care in Honduras varies greatly in quality and 
availability.'' \57\ Outside of Honduras's two major cities, it is 
``inadequate to address complex situations,'' ``facilities for advanced 
surgical procedures are not available,'' and ``ambulance services are 
limited in major cities and almost non-existent elsewhere.'' \58\
---------------------------------------------------------------------------

    \53\ Johnson, Sarah, Fears for Honduran children as poverty 
worsens pneumonia's toll, The Guardian, June 9, 2022, available at: 
https://www.theguardian.com/global-development/2022/jun/09/poverty-drought-impending-famine-now-pneumonia-takes-its-cruel-toll-on-honduran-children-acc.
    \54\ Epidemiological Update for Dengue, Chikungunya and Zika in 
2020, Pan American Health Organization, updated June 16, 2022, 
available at: https://www3.paho.org/data/index.php/en/mnu-topics/indicadores-dengue-en/annual-arbovirus-bulletin-2020.html.
    \55\ Epidemiological Update for Dengue, Chikungunya and Zika in 
2021, Pan American Health Organization, updated June 16, 2022, 
available at: https://www3.paho.org/data/index.php/en/mnu-topics/indicadores-dengue-en/annual-arbovirus-bulletin-2021.html.
    \56\ World Fact Book, U.S. Central Intelligence Agency, 
available at: https://www.cia.gov/the-world-factbook/countries/honduras/ (last visited June 23, 2022).
    \57\ Medical Assistance, U.S. Embassy in Honduras, https://hn.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens-2/doctors/ (last visited Jun. 16, 2022).
    \58\ Medical Assistance, U.S. Embassy in Honduras, https://hn.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens-2/doctors/ (last visited Jun. 16, 2022).
---------------------------------------------------------------------------

    ``Honduras is one of the most unequal, corrupt and violent 
countries in Latin America, where a handful of politically powerful 
clans control the economy while more than two-thirds of the population 
live in poverty.'' \59\ In 2021, Honduras ``saw some of its worst 
political violence in the run-up to November's presidential elections . 
. . [in which] 68 candidates in various local and national races were 
killed.'' \60\ The United States indicted the out-going president of 
Honduras, Juan Orlando Hernandez, (president of Honduras from 2014 
through January 2022),\61\ on federal drug and arms trafficking charges 
shortly after he left office,\62\ and Honduras extradited him to the 
United States in April 2022 to face the charges.\63\ The current 
president who took office on January 27, 2022, inherited the remnants 
of what U.S. prosecutors have called a ``narco state.'' \64\
---------------------------------------------------------------------------

    \59\ Lakhani, Nina, `We can't live like this': climate shocks 
rain down on Honduras's poorest, The Guardian, Oct. 28, 2021, 
available at: https://www.theguardian.com/environment/2021/oct/28/honduras-climate-crisis-floods-hurricanes-poor-community.
    \60\ InSight Crime's 2021 Homicide Round-Up, Insight Crime, Feb. 
1, 2022, available at: https://insightcrime.org/news/insight-crimes-2021-homicide-round-up/.
    \61\ Honduras ex-President Hernandez pleads not guilty in U.S. 
court, Al Jazeera, May 10, 2022, available at: https://www.aljazeera.com/news/2022/5/10/honduras-ex-president-hernandez-pleads-not-guilty-in-us-court.
    \62\ Fern[aacute]ndez Simon, Maite, Who is Juan Orlando 
Hern[aacute]ndez and why was he extradited to the U.S.?, The 
Washington Post, Apr. 21, 2022, available at: https://www.washingtonpost.com/world/2022/04/21/honduras-juan-orlando-hernandez-extradition/.
    \63\ Martin, Maria and Griffiths, Robbie, Ex-Honduran President 
Hern[aacute]ndez is extradited to the U.S. on drug charges, National 
Public Radio (NPR), Apr. 21, 2022, available at: https://www.npr.org/2022/04/21/1093975738/ex-honduran-president-hernandez-will-be-extradited-to-the-u-s-on-drugs-charges.
    \64\ Grant, Will, Has Honduras become a `narco-state'?, BBC 
News, Apr. 22, 2022, available at: https://www.bbc.com/news/world-latin-america-56947595.
---------------------------------------------------------------------------

    In recent years, Honduras has been plagued by staggering levels of 
crime and violence--ranking as the murder capital of the world in 2012 
and 2013.\65\ Gangs that originated in the United States are engaged in 
violent fighting in Honduras. They ``have laid siege to communities'' 
and ``have plunged the country into a state of crisis''--``govern[ing] 
much of daily life for residents living in their areas of control, [as] 
stand-ins for a corrupt and ineffectual government.'' \66\ A UNHCR 
representative stated in November 2021 that gangs in Honduras ``took 
advantage of the extreme vulnerability of victims of the hurricanes to 
tighten their control, imposing restrictions on movements [. . .] For 
many who were displaced by the storms, going back could be dangerous.'' 
\67\ Honduras was Central America's most deadly country in 2021, with 
homicides slightly outpacing 2020, and falling below rates in 2019.\68\
---------------------------------------------------------------------------

    \65\ Kahn, Carrie, Honduras Claims Unwanted Title Of World's 
Murder Capital, NPR, July 2, 2013, available at: http://www.npr.org/sections/parallels/2013/06/13/190683502/honduras-claims-unwanted-title-of-worlds-murder-capital; Rhodan, Maya, Honduras Is Still the 
Murder Capital of The World, Time, Feb. 17, 2014, available at: 
http://world.time.com/2014/02/17/honduras-is-still-the-murder-capital-of-the-world/; UNHCR Eligibility Guidelines for Assessing 
the International Protection Needs of Asylum-Seekers from Honduras, 
UNHCR, p.10, July 27, 2016, available at: http://www.refworld.org/docid/579767434.html.
    \66\ Azam, Ahmed, Three Weeks Embedded in Honduran Gang 
Territory, The New York Times, May 7, 2019.
    \67\ Rubi, Mar[iacute]a and Gaynor, Tim, In Honduras, climate 
change is one more factor sparking displacement, United Nations High 
Commissioner for Refugees (UNHCR), Nov. 9, 2021, available at: 
https://reliefweb.int/report/honduras/honduras-climate-change-one-more-factor-sparking-displacement.
    \68\ InSight Crime's 2021 Homicide Round-Up, Insight Crime, Feb. 
1, 2022, available at: https://insightcrime.org/news/insight-crimes-2021-homicide-round-up/.
---------------------------------------------------------------------------

    In 2020, internally displaced Hondurans ``represented almost 80 
percent of the internally displaced population in Central America and 
Mexico.'' \69\ The United Nations Office for the Coordination of 
Humanitarian Affairs (UNOCHA) reported that

[[Page 40311]]

``Honduras registered 937,000 new displacements, ranking it among the 
top four countries in Latin America and the Caribbean for new disaster-
triggered displacements . . . surpass[ing] countries such as South 
Sudan in the number of new displacements due to disasters and conflicts 
in 2020.'' \70\ The United Nations High Commissioner for Refugees 
(UNHCR) reported in July 2022 that ``58,000 families abandon their 
homes in Honduras annually, being internally displaced due to the 
violence crisis in the country.'' \71\
---------------------------------------------------------------------------

    \69\ World Report 2022--Honduras, Human Rights Watch, Jan. 13, 
2022, available at: https://www.hrw.org/world-report/2022/country-chapters/honduras#dbcb23.
    \70\ Honduras: Humanitarian Response Plan (August 2021-December 
2022), United Nations Office for the Coordination of Humanitarian 
Affairs (UNOCHA), Nov. 19, 2021, available at: https://reliefweb.int/report/honduras/honduras-humanitarian-response-plan-august-2021-december-2022.
    \71\ Honduras External Update--June to July 2022, United Nations 
High Commissioner for Refugees (UNHCR), Jul. 31, 2022, available at: 
https://reliefweb.int/report/honduras/honduras-external-update-june-july-2022.
---------------------------------------------------------------------------

    In summary, Honduras's slow recovery after Hurricane Mitch and more 
recent environmental disasters, including hurricanes, tropical storms, 
flooding and heavy rain, severe drought, and mosquito-borne illness, 
continue to disrupt living conditions and render Honduras temporarily 
unable to handle the return of those granted TPS under the 1999 
designation and are currently residing in the United States. 
Additionally, since the 2018 extension of TPS for Honduras,\72\ 
violence, social and political concerns have adversely impacted living 
conditions and hindered recovery from environmental disasters in 
Honduras.
---------------------------------------------------------------------------

    \72\ The TPS designation of Honduras was statutorily 
automatically extended for 6 months (from January 6, 2018, through 
July 5, 2018) after the Secretary of Homeland Security did not make 
a determination on Honduras's designation 60 days prior to the 
previous expiration (January 5, 2018). Subsequently, on June 5, 
2018, the Secretary published a determination to terminate TPS for 
Honduras, effective January 5, 2020.
---------------------------------------------------------------------------

    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     At the time the Secretary's determination to terminate 
Honduras's designation for TPS was announced on June 5, 2018, 
conditions in Honduras continued to support the country's designation 
for TPS based on environmental disaster grounds; 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 Honduras's designation for TPS 
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 Honduras resulting in a substantial, 
but temporary, disruption of living conditions in the area affected; 
Honduras is unable, temporarily, to handle adequately the return of its 
nationals; and Honduras officially requested designation of TPS. See 
INA section 244(b)(1)(B)(i), 8 U.S.C. 1254a(b)(1)(B)(i);
     The designation of Honduras for TPS should be extended for 
an 18-month period, beginning on January 6, 2024, and ending on July 5, 
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 Honduras

    Pursuant to my lawful authorities, including under sections 103(a) 
and 244 of the INA, I am hereby rescinding the termination of the TPS 
designation of Honduras announced in the Federal Register at 83 FR 
26074 (June 5, 2018). Due to this rescission and pursuant to section 
244(b)(3)(C) of the INA as well as the court order in Bhattarai v. 
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019), the TPS designation 
of Honduras has continued to exist since July 5, 2018, 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 July 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 Honduras's designation for TPS on the basis of an 
environmental disaster continue to be met. See INA sections 
244(b)(1)(B), 244(b)(3)(A); 8 U.S.C. 1254a(b)(1)(B), 1254a(b)(3)(A). On 
the basis of this determination, I am extending the existing 
designation of Honduras for TPS for 18 months, beginning on January 6, 
2024, and ending on July 5, 2025. See INA section 244(b)(1)(B), 
(b)(3)(C); 8 U.S.C. 1254a(b)(1)(B), (b)(3)(C). Individuals holding TPS 
under the designation of Honduras 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 Honduras, you 
must submit a Form I-821, Application for Temporary Protected Status 
during the 60-day re-registration period that runs 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 Honduras 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 Honduras 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

[[Page 40312]]

your TPS withdrawn for failure to reregister without good cause.

Information About Fees and Filing

    USCIS offers the option to applicants for TPS under Honduras'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.\73\ To file these forms online, you must first create a 
USCIS online account.\74\ 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.
---------------------------------------------------------------------------

    \73\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \74\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    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:
------------------------------------------------------------------------
 Alabama........................  USCIS Phoenix Lockbox.
 Alaska                           U.S. Postal Service (USPS):
 American Samoa                    USCIS, Attn: TPS Honduras,
 Arizona                           P.O. Box 21800, Phoenix, AZ
 Arkansas                          85036-1800.
                                          FedEx, UPS, or DHL: USCIS,
                                           Attn: TPS Honduras (Box
                                           21800), 2108 E. Elliot Rd.,
                                           Tempe, AZ 85284-1806.
 California
 Colorado
 Guam
 Hawaii
 Idaho
 Kentucky
 Louisiana
 Mississippi
 Montana
 Nevada
 New Mexico
 North Carolina
 Northern Mariana Islands
 Oklahoma
 Oregon
 Puerto Rico
 Tennessee
 Texas
 Utah
 Virgin Islands
 Virginia
 Washington
 West Virginia
 Wyoming........................
------------------------------------------------------------------------
 Connecticut....................  USCIS Elgin Lockbox.
 Delaware                         U.S. Postal Service (USPS):
 District of Columbia              USCIS, Attn: TPS Honduras,
 Florida                           P.O. Box 4091, Carol Stream,
                                           IL 60197-4091.
                                          FedEx, UPS, or DHL: USCIS,
                                           Attn: TPS Honduras (Box
                                           4091), 2500 Westfield Drive,
                                           Elgin, IL 60124-7836.
 Georgia                          ..............................
 Illinois                         ..............................
 Indiana                          ..............................
 Iowa                             ..............................
 Kansas                           ..............................
 Maine                            ..............................
 Maryland                         ..............................
 Massachusetts                    ..............................
 Michigan                         ..............................
 Minnesota                        ..............................
 Missouri                         ..............................
 Nebraska                         ..............................
 New Hampshire                    ..............................
 New Jersey                       ..............................
 New York                         ..............................
 North Dakota                     ..............................
 Ohio                             ..............................
 Pennsylvania                     ..............................
 Rhode Island                     ..............................
 South Carolina                   ..............................

[[Page 40313]]

 
 South Dakota                     ..............................
 Vermont                          ..............................
 Wisconsin                        ..............................
------------------------------------------------------------------------

    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 ``Honduras.''

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 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

[[Page 40314]]

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 Honduran 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 Honduran 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.\75\
---------------------------------------------------------------------------

    \75\ 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 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

[[Page 40315]]

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 Honduras; 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 the SAVE program 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. 2023-13017 Filed 6-20-23; 8:45 am]
BILLING CODE 9111-97-P