[Federal Register Volume 90, Number 35 (Monday, February 24, 2025)]
[Notices]
[Pages 10511-10515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02970]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2809-25; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB70
Partial Vacatur of 2024 Temporary Protected Status Decision for
Haiti
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) partial vacatur.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) has
decided to partially vacate the June 4, 2024, decision of former
Secretary Alejandro Mayorkas regarding the extension of the designation
of Haiti for Temporary Protected Status (TPS) and the new designation
of Haiti for TPS. In the 2024 action, former Secretary Mayorkas again
extended the designation of Haiti for TPS for the statutory maximum of
18 months (until February 3, 2026), which covered approximately 199,445
Haitian nationals; and again newly designated Haiti for TPS, which had
the effect of allowing approximately 321,349 additional Haitian
nationals to qualify for the same 18-month period. For the reasons
described in this notice, the Secretary has determined to partially
vacate the June 4, 2024, decision by reducing the designation period
from 18 months to 12 months. The Secretary is also making a
corresponding change to the registration deadline for new applicants
under the new designation. Accordingly, by operation of this notice,
the Haiti TPS extension and new designation will expire on August 3,
2025, instead of February 3, 2026, and the first-time registration will
remain in effect until August 3, 2025, instead of February 3, 2026.
DATES: The partial vacatur of the June 4, 2024, decision is effective
immediately. Notice of the June 4, 2024, decision was published at 89
FR 54484 (July 1, 2024).
FOR FURTHER INFORMATION CONTACT: Samantha Deshommes, Chief, Regulatory
Coordination Division, Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 800-375-
5283.
SUPPLEMENTARY INFORMATION:
I. Temporary Protected Status (TPS) Generally
The Immigration and Nationality Act (INA) authorizes the Secretary,
after consultation with appropriate U.S. Government agencies, to
designate a foreign state (or part thereof) for TPS if the Secretary
determines that certain country conditions exist.\1\ In the case of
Haiti, the designation was based on former Secretary Mayorkas'
determination that ``there exist extraordinary and temporary conditions
in [Haiti] that prevent aliens who are nationals of [Haiti] from
returning to [Haiti] in safety.'' Former Secretary Mayorkas, however,
failed to evaluate whether ``permitting the aliens to remain
temporarily in the United
[[Page 10512]]
States'' is not ``contrary to the national interest of the United
States.'' \2\
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\1\ INA 244(b)(1), 8 U.S.C. 1254a(b)(1). Although section
244(b)(1) of the INA continues to refer to the Attorney General,
this authority now resides with the Secretary of Homeland Security
by operation of the Homeland Security Act of 2002, Public Law 107-
296, 116 Stat. 2135, as amended. See, e.g., 6 U.S.C. 557; 8 U.S.C.
1103(a)(1).
\2\ INA 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C); see Extension and
Redesignation of Haiti for Temporary Protected Status, 89 FR 54484
(July 1, 2024). The Secretary also may designate a country (or part
of a country) for TPS on the basis of (1) an ongoing armed conflict
such that returning would pose a serious threat to the personal
safety of the country's nationals, or (2) an environmental disaster
(including an epidemic) that results in a substantial, but
temporary, disruption of living conditions in the affected area and
certain other conditions are met. See INA 244(b)(1)(A)-(B), 8 U.S.C.
1254a(b)(1)(A)-(B).
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The determination whether to designate any foreign state (or part
thereof) for TPS is discretionary, and with respect to an exercise of
this discretion, Congress expressly withheld jurisdiction from Federal
courts such that there is no judicial review of ``any determination of
the [Secretary] with respect to the designation, or termination or
extension of a designation, of a foreign state'' for TPS.\3\ If a
country is designated, the Secretary, in the Secretary's discretion,
may then grant TPS to eligible nationals of that foreign state (or
individual aliens having no nationality who last habitually resided in
the designated foreign state). See INA 244(a)(1)(A), 8 U.S.C.
1254a(a)(1)(A). The INA provides that such aliens shall be granted
employment authorization, and that such work authorization must be
effective throughout the TPS designation period.\4\
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\3\ INA 244(b)(5)(A), 8 U.S.C. 1254a(b)(5)(A).
\4\ See INA 244(a)(1)(B), (a)(2), 8 U.S.C. 1254a(a)(1)(B),
(a)(2).
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At least 60 days before the expiration of a foreign state's TPS
designation or extension, 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 244(b)(3)(A), 8
U.S.C. 1254a(b)(3)(A). If the Secretary determines conditions in the
foreign state continue to meet the conditions for TPS designation, the
designation will be extended for 6 months or, in the Secretary's
discretion, 12 or 18 months. See INA 244(b)(3)(A), (C), 8 U.S.C.
1254a(b)(3)(A), (C). If the Secretary determines that the foreign state
no longer meets the conditions for TPS designation, the Secretary must
terminate the designation. See INA 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
II. Background
Designations of Haiti for TPS based on ``extraordinary and
temporary conditions'' in that country extend back 15 years. Haiti was
initially designated in January 2010 on the basis of extraordinary and
temporary conditions stemming from an earthquake.\5\ DHS estimated at
the time that there were 100,000 to 200,000 Haitians in the United
States who would be eligible.\6\ Following the initial designation, DHS
extended the TPS designation for Haiti and newly designated Haiti based
on ``extraordinary and temporary conditions'' numerous times between
2011 and 2018.\7\
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\5\ See Designation of Haiti for Temporary Protected Status, 75
FR 3476 (Jan. 21, 2010).
\6\ 75 FR 3477.
\7\ See Extension and Redesignation of Haiti for Temporary
Protected Status, 76 FR 29000 (May 19, 2011); Extension of the
Designation of Haiti for Temporary Protected Status, 77 FR 59943
(Oct. 1, 2012); Extension of the Designation of Haiti for Temporary
Protected Status, 79 FR 11808 (Mar. 3, 2014); Extension of the
Designation of Haiti for Temporary Protected Status, 80 FR 51582
(Aug. 25, 2015); Extension of the Designation of Haiti for Temporary
Protected Status, 82 FR 23830 (May 24, 2017).
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In January 2018, DHS announced the termination of the TPS
designation of Haiti effective July 22, 2019.\8\ The termination of
Haiti's TPS designation was challenged in several lawsuits, and
preliminary injunctions prevented DHS from implementing the termination
of TPS for Haiti pending a final court order.\9\
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\8\ See Termination of the Designation of Haiti for Temporary
Protected Status, 83 FR 2648 (Jan. 18, 2018).
\9\ See, e.g., Order Granting Motion for Preliminary Injunction
dated Oct. 3, 2018, ECF 128, in Ramos v. Nielsen, No. 18-cv-01554
(N.D. Cal.); Decision and Order dated Apr. 11, 2019, ECF 155 in
Saget v. Trump, No. 1:18-cv-1599 (E.D.N.Y.). Both preliminary
injunctions were appealed, see Ramos v. Nielsen, No. 18-16981 (9th
Cir.) and Saget v. Trump, No. 19-1685 (2d Cir,), but the appellate
proceedings were dismissed after Haiti was newly designated for TPS.
See Order dated June 29, 2023, ECF 191, Ramos v. Nielsen, No. 18-
16981 (9th Cir,); Order on parties' stipulated dismissal of appeal,
dated Oct. 5, 2021, ECF 281, Saget v. Trump, No. 19-1685 (2d Cir.).
On Dec. 28, 2023, the U.S. District Court for the Northern District
of California dismissed Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal.
Dec. 28, 2023), holding that the subsequent TPS designations
rendered the litigation moot. See Order Granting Defendants' Motion
to Dismiss dated Dec. 28, 2023, ECF 222, Ramos v. Nielsen, No. 18-
cv-01554, (N.D. Cal.). On October 15, 2021, the U.S. District Court
for the Eastern District of New York similarly dismissed the Saget
case. See Stipulation of Dismissal and Order Dismissing Case dated
Oct. 15, 2021, ECF 166, Saget v. Trump, No. 1:18-cv-1599 (E.D.N.Y.).
The termination of TPS for Haiti was also challenged in Centro
Presente, et al., v. Biden, No. 1:18-cv-1-340 (D. Mass.) and Nat'l
Ass'n for the Advancement of Colored People v. Dep't of Homeland
Security, No.1:18-cv-239 (D. Md.). Claims in those cases were also
dismissed following the new designation of TPS for Haiti. See
Stipulation of Dismissal dated June 29, 20203, ECF 178, Centro
Presente, et al. v. Biden, No. 1:18-cv-1-340 (D. Mass.); Order
Approving Stipulation of Dismissal dated Nov. 4, 2021, ECF 116,
NAACP v. DHS, No.1:18-cv-239 (D. Md.).
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Meanwhile, in August 2021, former Secretary Mayorkas announced that
he was newly designating Haiti for 18 months on the basis of
``extraordinary and temporary conditions.'' \10\ Another 18-month
extension and new designation was published in February 2023.\11\ DHS
then extended the re-registration period from 60 days to 18 months.\12\
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\10\ See Designation of Haiti for Temporary Protected Status, 86
FR 41863 (Aug. 3, 2021).
\11\ See Extension and Redesignation of Haiti for Temporary
Protected Status, 88 FR 5022 (Jan. 26, 2023).
\12\ See Extension of Re-Registration Periods for Extensions of
the Temporary Protected Status Designations of El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan, 88 FR 86665 (Dec. 14, 2023).
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Most recently, in July 2024, DHS issued a notice stating that
Secretary Mayorkas once again had determined to extend and newly
designate Haiti for TPS for an 18-month period, set to expire on
February 3, 2026.\13\ DHS concluded, in summary, that ``Haiti is
experiencing extraordinary and temporary conditions resulting from
grave insecurity and gang crime, as well as socio-economic and
humanitarian conditions, including those resulting from environmental
disasters aggravating food insecurity.'' \14\ However, DHS concluded,
without any support in the record, that allowing Haitian nationals who
would qualify for TPS to remain in the country was not contrary to the
national interest, as required by the statute.
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\13\ See Extension and Redesignation of Haiti for Temporary
Protected Status, 89 FR 54484 (July 1, 2024).
\14\ 89 FR 54491.
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Each new designation allowed additional Haitian nationals who
entered the United States, including illegally, to qualify even though
these populations were not impacted by the preceding findings of
``extraordinary and temporary conditions.'' In May 2011, DHS estimated
that 57,000 Haitians were eligible to register for TPS.\15\ In August
2021, DHS estimated that 155,000 Haitians were eligible under that new
designation.\16\ And by July 2024, the estimate had ballooned to
520,694 (199,445 under the extension, and 321,249 additional aliens
under the new designation).\17\
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\15\ 76 FR 29002.
\16\ 86 FR 41868.
\17\ 89 FR 54492.
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Further, former Secretary Mayorkas in 2023 reconsidered and
rescinded the first Trump Administration's decisions to terminate TPS
designations for Honduras, El Salvador, Nicaragua, and Nepal.\18\ In
the case of El Salvador,
[[Page 10513]]
Secretary Mayorkas determined--five years after the 2018 termination
decision was announced--that ``at the time of the decision to terminate
TPS, El Salvador continued to experience'' certain conditions ``that
were either insufficiently considered or not considered in the
termination decision'' and therefore that ``[t]he termination decision
failed to adequately assess conditions in El Salvador in 2018.'' \19\
That notice stated that ``[a]n agency has inherent (that is,
statutorily implicit) authority to revisit its prior decisions unless
Congress has expressly limited that authority'' and that ``[t]he TPS
statute does not limit the Secretary's inherent authority to reconsider
any TPS-related determination, and upon reconsideration, to change the
determination.'' \20\ DHS did not similarly reconsider and rescind the
2018 decision to terminate the Haiti TPS designation because, as noted,
Secretary Mayorkas instead decided to newly designate Haiti.\21\
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\18\ See Reconsideration and Rescission of Termination of the
Designation of El Salvador for Temporary Protected Status; Extension
of the Temporary Protected Status Designation for El Salvador, 88 FR
40282 (June 21, 2023); Reconsideration and Rescission of Termination
of the Designation of Honduras for Temporary Protected Status;
Extension of the Temporary Protected Status Designation for
Honduras, 88 FR 40304 (June 21, 2023); Reconsideration and
Rescission of Termination of the Designation of Nicaragua for
Temporary Protected Status; Extension of the Temporary Protected
Status Designation for Nicaragua, 88 FR 40294 (June 21, 2023);
Reconsideration and Rescission of Termination of the Designation of
Nepal for Temporary Protected Status; Extension of the Temporary
Protected Status Designation for Nepal, 88 FR 40317 (June 21, 2023).
\19\ 88 FR 40287.
\20\ 88 FR 40285.
\21\ See Designation of Haiti for Temporary Protected Status, 86
FR 41863 (Aug. 3, 2021).
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III. Reconsideration and Partial Vacatur of the 2024 Decision
President Trump underscored in Executive Order 14159, Protecting
the American People Against Invasion, that enforcing the immigration
laws ``is critically important to the national security and public
safety of the United States.'' \22\ In furtherance of that objective,
the President directed the Secretary, along with the Attorney General
and Secretary of State, to promptly take all appropriate action,
consistent with law, to rescind policies that led to increased or
continued presence of illegal aliens in the United States.\23\ Among
the directed actions are to ensure that the TPS designations are
consistent with the TPS statute and ``are appropriately limited in
scope and made for only so long as may be necessary to fulfill the
textual requirements of that statute.'' \24\
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\22\ 90 FR 8443, 8443 (Jan. 20, 2025).
\23\ 90 FR 8446.
\24\ Id.
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The Secretary of Homeland Security accordingly is reconsidering and
partially vacating the June 4, 2024, decision of Secretary Mayorkas to
extend the Haiti TPS designation and newly designate Haiti for TPS for
an additional 18 months (from Aug. 4, 2024, to Feb. 3, 2026).
Specifically, the Secretary has determined that the extension and
designation period for Haiti should be reduced from the statutory
maximum of 18 months to 12 months. Accordingly, by operation of this
notice, the Haiti TPS extension and new designation will expire on
August 3, 2025, instead of February 3, 2026.
The Secretary is taking this action for several reasons. First,
there is no discussion in the July 1, 2024, Federal Register notice of
why the 18-month period was selected in lieu of a 6- or 12-month
period. Nor does the administrative record underlying the June 3, 2024,
decision and July 1, 2024, notice bear any discussion of why the 18-
month period was chosen. Allowing aliens from a given country,
including aliens who entered the United States illegally or overstayed
their authorized period of admission, to remain in the United States
temporarily with employment authorization is an extraordinary act.
Congress recognized the gravity of such action under the TPS statute by
setting the default extension period at 6 months,\25\ underscoring the
uniqueness of this authority,\26\ and limiting its own authority to
enact legislation allowing TPS recipients to adjust to lawful permanent
resident status.\27\ Accordingly, determinations of how long a new
designation should remain in effect and whether to depart from the
default six-month period for an extension of an existing designation
should take into account important considerations relating to the
purpose of the statute and specific country and country conditions at
issue and should not rest alone on administrative convenience. Here,
there was no explanation whatsoever of why the 18-month period was
selected.
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\25\ See INA 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
\26\ See INA 244(g), 8 U.S.C. 1254a(g) (``Except as otherwise
specifically provided, this section shall constitute the exclusive
authority of the [Secretary of Homeland Security] under law to
permit aliens who are or may become otherwise deportable or have
been paroled into the United States to remain in the United States
temporarily because of their particular nationality or region of
foreign state of nationality.'').
\27\ See INA 244(h), 8 U.S.C. 1254a(h).
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Second, and similarly, the July 1, 2024, notice is bereft of any
justification of why permitting the ever-increasing population of
Haitian TPS recipients, particularly those who entered the country
unlawfully, to remain temporarily in the United States is not contrary
to the U.S. national interest. The notice simply states that ``it is
not contrary to the national interest of the United States.'' The
administrative record underlying Secretary Mayorkas' June 4, 2024,
decision likewise lacks any discussion of the critical national
interest criterion. Such conclusory determinations do not accord with
the gravity of TPS decisions under the INA. ``National interest'' is an
expansive standard that may encompass an array of broad considerations,
including foreign policy, public safety (e.g., potential nexus to
criminal gang membership), national security, migration factors (e.g.,
pull factors), immigration policy (e.g., enforcement prerogatives), and
economic considerations (e.g., adverse effects on U.S. workers, impact
on U.S. communities).\28\ Determining whether permitting a class of
aliens to remain temporarily in the United States is contrary to the
U.S. national interest therefore calls upon the Secretary's expertise
and discretionary judgment, informed by her consultations with
appropriate U.S. Government agencies.
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\28\ See, e.g., Poursina v. USCIS, 936 F.3d 868, 874 (9th Cir.
2019) (observing, in an analogous INA context, ``that the `national
interest' standard invokes broader economic an national-security
considerations, and such determinations are firmly committed to the
discretion of the Executive Branch--not to federal courts'' (citing
Trump v. Hawaii, 585 U.S. 667, 684-86 (2018)); Flores v. Garland, 72
F.4th 85, 89-90 (5th Cir. 2023) (same); Brasil v. Sec'y, Dep't of
Homeland Sec., 28 F.4th 1189, 1193 (11th Cir. 2022) (same); cf.
Matter of D-J-, 23 I&N Dec. 572, 579-81 (A.G. 2003) (recognizing
that taking measures to stem and eliminate possible incentives for
potential large-scale migration from a given country--in that case,
Haiti--is ``sound immigration policy'' and an ``important national
security interest''); Matter of Dhanasar, 26 I&N Dec. 884, 890-91
(AAO 2016) (taking into account impact on U.S. workers in ``national
interest'' assessments).
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Third, although the July 1, 2024, notice cites some country
conditions reports that are relatively proximate to the June 4, 2024,
decision, several others date back to early 2023, 2022, or even
earlier.\29\ And certain sources upon which DHS relied indicated that
significant developments were taking place in 2024 that might result in
an improvement in conditions. For example, as stated in the July 1,
2024, Federal Register notice, the United Nations had recently
authorized a Multinational Security Support (MSS) mission to deploy in
Haiti in 2024 and support the Haitian National Police in capacity
building, combatting gang violence, and provide security for
[[Page 10514]]
critical infrastructure.\30\ The Department of State likewise
underscored that significant development. Thus, both DHS and the
Department of State contemplated the real possibility of an improvement
in conditions with the deployment of the United Nations MSS mission,
yet that important development was not expressly factored into the
determination of the length of the extension and designation period.
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\29\ See, e.g., 89 FR 54888, 54490 (relying on Apr. 2021 report
by Harvard Law School, July 2022 report by the International Crisis
Group, and Sept. 2021 report by the Council on Foreign Relations).
\30\ 89 FR 54490 & nn. 77-79 (citing United Nations Security
Council, Resolution 2699 (Oct. 2, 2023)).
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Eighteen months is the maximum period of designation or extension
authorized under the TPS statute. Neither the 2021 new designation, the
2023 extension and new designation, nor the 2024 extension and new
designation contained any discussion of national interest
considerations or why the 18-month (vs. 6 or 12-month) periods were
granted. Given the protracted duration of the ``extraordinary and
temporary conditions''-based designation for Haiti, the absence of any
meaningful appraisal of national interest factors or justification for
the 18-month extension, and the fact that eligible Haitians were able
to register for TPS under the July 1, 2024, notice for over seven
months, the Secretary has determined that a 12-month period is
warranted. Abbreviating the period from 18 to 12 months will allow for
a fresh review of country conditions in Haiti and of whether such
conditions remain both ``extraordinary'' and ``temporary,'' whether
Haitian may return in safety, and whether it is contrary to the U.S.
national interest to continue to permit the Haitian nationals to remain
temporarily in the United States.
Although the statute allows the Secretary to reassess country
conditions--including whether allowing the aliens to remain temporarily
in the United States is contrary to the U.S. national interest--at any
time at least 60 days before the end of the extension or designation
period, the statute does not preclude this more modest action in the
interim.\31\ The Secretary intends to conduct a review of current
conditions in Haiti and make a new determination in due course.
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\31\ See INA 244(b)(3)(A)-(B), 1254a(b)(3)(A)-(B) (providing
that the Secretary shall review conditions at least 60 days before
the end of the initial period of designation and any extended period
of designation).
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As the prior Administration concluded, the TPS statute does not
limit the Secretary's inherent authority under the INA to reconsider
any TPS-related determination, and upon reconsideration, to vacate or
amend the determination.\32\ The Secretary is taking the modest action
here of partially vacating the June 4, 2024, decision to reduce the
designation and extension period from 18 months to 12 months and to
make a corresponding change to the initial registration period for new
applicants under the 2024 new designation.
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\32\ See INA 103(a), 244(b)(3), (b)(5)(A); 8 U.S.C. 1103(a),
1254a(b)(3), (b)(5)(A); Reconsideration and Rescission of
Termination of the Designation of El Salvador for Temporary
Protected Status; Extension of the Temporary Protected Status
Designation for El Salvador, 88 FR 40282, 40285 (June 21, 2023)
(``An agency has inherent (that is, statutorily implicit) authority
to revisit its prior decisions unless Congress has expressly limited
that authority. 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 also,
e.g., Ivy Sports Medicine, LLC v. Burwell, 767 F.3d 81, 86 (D.C.
Cir. 2014) (Kavanaugh, J.) (``[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)); 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.''); cf. Last Best Beef,
LLC v. Dudas, 506 F.3d 333, 340 (4th Cir. 2007) (agencies possess
especially ``broad authority to correct their prior errors'').
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In taking this action, the Secretary has considered putative
reliance interests in Secretary Mayorkas' unreasoned granting of the
statutory maximum 18-month period.\33\ In particular, as noted, in
determining that a 12-month period (vs. 6 months) is warranted, the
Secretary considered that Haitians have already been able to register
under the July 1, 2024, notice for over seven months. The Secretary
also considered potential reliance interests in deciding only to
partially vacate the 2024 decision instead of--as Secretary Mayorkas
did in 2023--entirely rescinding or vacating the prior Administration's
decision. This action does not alter the 60-day re-registration period
permitted for existing beneficiaries under the 2024 extension, which
expired on August 30, 2024. And eligible new applicants will still be
able to register under the 2024 new designation, but they must now do
so by August 3, 2025, instead of February 3, 2026. Moreover, any
putative reliance interests arguably engendered by the 18-month, vs.
12-month, designation and extension period are outweighed by the
overriding interests and concerns articulated in this notice.
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\33\ Because temporary protected status, as the name itself
makes clear, is an inherently temporary status and TPS designations
are time-limited and subject to agency review, any putative reliance
interests of registrants in the Haiti under the Haiti designation
merit only diminished weight.
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B. Effect of the Vacatur
As a result of the partial vacatur, the 2024 Haiti TPS extension
and new designation remains in effect until August 3, 2025, and the
initial registration period for new applicants under the 2024 Haiti TPS
designation will remain in effect until August 3, 2025. The Secretary,
consistent with the statute, intends to review the Haiti TPS
designation by June 4, 2025. If she fails to do so, the statute
triggers an automatic six-month extension of the current TPS
designation.
Pursuant to this partial vacatur, TPS re-registration applications,
initial applications, and associated applications for employment
authorization filed pursuant to the July 1, 2024, notice that remain
pending with USCIS will, if approved, receive an expiration date of
August 3, 2025. TPS beneficiaries under the Haiti TPS designation who
have already received Employment Authorization Documents (EADs); Forms
1-797, Notice of Action (Approval Notice); and Forms 1-94, Arrival/
Departure Record (collectively known as TPS-related documentation) with
a February 3, 2026, expiration date do not need to refile applications
with USCIS for new TPS-related documentation showing an August 3, 2025,
expiration date. USCIS will not recall TPS-related documentation
previously issued with February 3, 2026, expiration dates and those
documents remain valid through the new TPS Haiti designation period
expiring on August 3, 2025. Additionally, USCIS will not issue new TPS-
related documentation with the August 3, 2025, expiration date to
aliens who have previously received documentation with the February 3,
2026, expiration date.
Employers and Federal, State, and local government agencies (such
as Departments of Motor Vehicles) that previously accepted or are
presented with an EAD with the TPS category code of A-12 or C-19 that
expires on February 3, 2026, must update their records to note that the
validity date of the document is through August 3, 2025.
Aliens who have filed TPS applications pursuant to the July 1,
2024, notice that remain pending with USCIS may also choose to withdraw
their TPS applications and request a refund of any filing fees by
submitting
[[Page 10515]]
a signed written withdrawal request to USCIS.
IV. Notice of Partial Vacatur of Secretary Mayorkas' 2024 Decision
Regarding the Haiti TPS Extension and New Designation
By the authority vested in me as Secretary under sections 103(a)
and 244 of the Immigration and Nationality Act, 8 U.S.C. 1103(a),
1254a, I am vacating in part the decision announced in the July 1,
2024, notice titled Extension and Redesignation of Haiti for Temporary
Protected Status, 89 FR 54484. In doing so, I am (1) amending the
period of the extension and designation of Haiti for TPS from 18 months
to 12 months, with a new end date of August 3, 2025; and (2) making a
corresponding change to the initial registration period for new
applicants under the new designation, which now will remain in effect
through August 3, 2025. This notice supersedes the July 1, 2024, notice
at 89 FR 54484 to the extent modified by this partial vacatur.
Information concerning the TPS designation for Haiti will be
available at local USCIS offices upon publication of this notice and
through the USCIS National Customer Service Center at 1-800-375-5283.
This information will be published on the USCIS website at
www.USCIS.gov.
Kristi Noem,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2025-02970 Filed 2-20-25; 4:15 pm]
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