[Federal Register Volume 90, Number 108 (Friday, June 6, 2025)]
[Notices]
[Pages 24151-24154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10363]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2817-25; DHS Docket No. USCIS-2015-0003]
RIN 1615-ZB74
Termination of the Designation of Nepal for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, U.S. Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
terminating the designation of Nepal for Temporary Protected Status
(TPS). The designation of Nepal is set to expire on June 24, 2025.
After reviewing country conditions and consulting with appropriate U.S.
Government agencies, the Secretary has determined that Nepal no longer
continues to meet the conditions for its designation for TPS. The
Secretary therefore is terminating the TPS designation of Nepal as
required by statute. This termination is effective August 5, 2025.
After August 5, 2025, nationals of Nepal (and aliens having no
nationality who last habitually resided in Nepal) who have been granted
TPS under Nepal's designation will no longer have TPS.
DATES: The designation of Nepal for TPS is terminated effective at
11:59 p.m., local time, on August 5, 2025.
FOR FURTHER INFORMATION CONTACT: Humanitarian Affairs Division, Office
of Policy and Strategy, U.S. Citizenship and Immigration Services,
Department of Homeland Security, telephone (240) 721-3000 (not a toll-
free call).
SUPPLEMENTARY INFORMATION:
List of Abbreviations
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FR--Federal Register
FRN--Federal Register Notice
Government--U.S. Government
INA--Immigration and Nationality Act
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
What is Temporary Protected Status (TPS)?
The Immigration and Nationality Act (INA) authorizes the Secretary
of Homeland Security, 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.
See INA sec. 244(b)(1), 8 U.S.C. 1254a(b)(1). The determination whether
to designate any foreign state (or part thereof) for TPS is
discretionary, and 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. INA sec.
244(b)(5)(A), 8 U.S.C. 1254a(b)(5)(A). If the Secretary designates a
country for TPS, she may then grant TPS, in her discretion, to eligible
nationals of that foreign state (or aliens having no nationality who
last habitually resided in the designated foreign state). See INA sec.
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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 sec. 244(b)(3)(A),
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the
conditions in the foreign state continue to meet the specific statutory
criteria for TPS designation, TPS will be extended for an additional
period of 6 months or, in the Secretary's discretion, 12 or 18 months.
See INA sec. 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
TPS is a temporary immigration benefit granted to eligible
nationals of a country designated for TPS under the INA, or to eligible
aliens without nationality who last habitually resided in the
designated country. During the TPS designation period, TPS
beneficiaries are eligible to remain in the United States, may not be
removed, and are authorized to work and obtain an Employment
Authorization Document (EAD) 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 discretion. The granting of
TPS does not result in or lead to lawful permanent resident status or
any other immigration status. To qualify for TPS, beneficiaries must
meet the eligibility standards at INA section 244(c)(2), 8 U.S.C.
1254a(c)(2) in
[[Page 24152]]
accordance with the implementing regulations at 8 CFR parts 244 and
1244. When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status or category that
they maintained before TPS, if any (unless that status or category has
since expired or been terminated), or any other lawfully obtained
immigration status or category they received while registered for TPS,
as long as it is still valid on the date TPS terminates.
Designation of Nepal for TPS
Nepal was initially designated for TPS on June 24, 2015 for a
period of 18 months, based on an earthquake that a former Secretary
determined resulted in a substantial, but temporary, disruption of
living conditions.\1\ DHS then extended the designation on October 26,
2016 for an additional period of 18 months, as the former Secretary
determined that the conditions in Nepal supporting the initial
designation continued to be met.\2\ On May 22, 2018, DHS announced the
termination of TPS for Nepal to be effective June 24, 2019, finding
that the disruption of living conditions due to the 2015 earthquake had
decreased and was no longer substantial.\3\ However, in response to
litigation, DHS announced on May 10, 2019, that it would not implement
or enforce the decision to terminate TPS for Nepal. DHS instead
continued and extended the validity of TPS-related documentation for
Nepalese beneficiaries through March 24, 2020.\4\ On November 4, 2019,
to comply with ongoing litigation, DHS further continued and extended
TPS-related documentation for Nepalese nationals and nationals of
several other countries through January 4, 2021.\5\ While litigation
continued, DHS published three additional Federal Register Notices
(FRNs) in 2020,\6\ 2021,\7\ and 2022,\8\ each time extending the
validity of TPS-related documentation for beneficiaries under the TPS
designation of several countries, including Nepal. Finally, on June 21,
2023, DHS published a FRN reconsidering and rescinding the prior
administration's termination of Nepal TPS. The rescission was effective
June 9, 2023, and the new 18-month extension of TPS for Nepal began on
December 25, 2023, and remains in effect through June 24, 2025.\9\
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\1\ See Designation of Nepal for Temporary Protected Status, 80
FR 36346 (June 24, 2015).
\2\ See Extension of the Designation of Nepal for Temporary
Protected Status, 81 FR 74470 (Oct. 26, 2016).
\3\ See Termination of the Designation of Nepal for Temporary
Protected Status, 83 FR 23705 (May 22, 2018).
\4\ Pursuant to an order to stay proceedings in Bhattarai v.
Nielsen, No. 19-cv-00731, pending resolution of related claims being
litigated before the Ninth Circuit Court of Appeals in Ramos v.
Nielsen, No. 18-16981, DHS published a notice that it would not
implement or enforce the decision to terminate TPS for Nepal. See
Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019) and
Ramos v. Nielsen, 326 F. Supp. 3d 1075 (N.D. Cal. 2018); see also
Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for Nepal and Honduras, 84 FR 20647
(May 10, 2019).
TPS Beneficiaries from Nepal retained TPS, provided that an
alien's TPS status was not withdrawn because of ineligibility. See
Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for Nepal and Honduras, 84 FR 20647,
20648 (May 10, 2019). DHS extended the validity of TPS-related
documentation for Nepalese beneficiaries through March 24, 2020. See
id.
\5\ See Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan, 84 FR 59403 (Nov. 11, 2019).
\6\ On December 9, 2020, DHS automatically extended the validity
of TPS-related documentation for nine months through October 4, 2021
from the prior expiration date of January 4, 2021, for beneficiaries
under the TPS designations of several countries including Nepalese
beneficiaries. See Continuation of Documentation for Beneficiaries
of Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 85 FR 79208 (Dec. 9, 2020).
\7\ On September 10, 2021, DHS published a notice for a fifteen-
month extension of TPS for aliens from several countries, including
Nepal until December 31, 2022, while the preliminary injunction in
Ramos and the Bhattarai orders remained in effect. Extensions were
previously set to expire on October 4, 2021. See Continuation of
Documentation for Beneficiaries of Temporary Protected Status
Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and
Nepal, 86 FR 50725 (Sept. 10, 2021).
\8\ On November 16, 2022, DHS published a FRN extending the
validity period of TPS for covered aliens from several countries,
including Nepal, through June 30, 2024 from the prior expiration
date of December 31, 2022. See 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).
\9\ See 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); see also 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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Secretary's Authority To Terminate the Designation of Nepal for TPS
At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA sec. 244(b)(3)(A),
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign
state no longer meets the conditions for the TPS designation, the
Secretary shall terminate the designation. The termination may not take
effect earlier than 60 days after the date the FRN of termination is
published, or if later, the expiration of the most recent previous
extension of the country designation. See INA sec. 244(b)(3)(B), 8
U.S.C. 1254a(b)(3)(B). The Secretary may determine the appropriate
effective date of the termination and the expiration of any TPS-related
documentation, such as EADs, issued or renewed after the effective date
of the termination. See id.; see also INA sec. 244(d)(3), 8 U.S.C.
1254a(d)(3) (providing the Secretary the discretionary ``option'' to
allow for a certain ``orderly transition'' period if she determines it
to be appropriate).
Reasons for the Secretary's Termination of the TPS Designation for
Nepal
Consistent with INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A),
after consulting with appropriate U.S. Government agencies, the
Secretary reviewed conditions in Nepal and considered whether Nepal
continues to meet the conditions for designation under INA section
244(b)(1)(B), 8 U.S.C. 1254(b)(1)(B). The Secretary specifically
considered: (1) whether there continues to be a substantial, but
temporary, disruption of living conditions in the areas affected, see
INA section 244(b)(1)(B)(i), 8 U.S.C. 1254a(b)(1)(B)(i); and whether
(2) Nepal is able to handle adequately the return of its nationals, see
INA section 244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii).\10\
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\10\ See also E.O. 14159, Protecting the American People Against
Invasion, sec. 16(b), 90 FR 8443, 8446 (Jan. 20, 2025; published
Jan. 29, 2025) (directing that the Secretary should ``ensur[e] that
designations of Temporary Protected Status are consistent with the
provisions of section 244 of the INA (8 U.S.C. 1254a), and that such
designations are appropriately limited in scope and made for only so
long as may be necessary to fulfill the textual requirements of that
statute'').
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Based on her review and consultation with the Department of State,
the Secretary determined that, overall, there are notable improvements
in environmental disaster preparedness and response capacity, as well
as substantial reconstruction from the earthquake's destruction such
that there is no longer a disruption of living conditions and Nepal is
able to handle adequately the return of its nationals.
The Secretary has determined the conditions supporting Nepal's June
24, 2015, designation for TPS on the basis of the earthquake are no
longer met. The recovery efforts of the Nepalese
[[Page 24153]]
Government and the international community have addressed the
significant damage from the April 25, 2015, earthquake. Per the
Nepalese Government's September 2024 Disaster Report on reconstruction,
88.36% of damaged households have been rebuilt.\11\ According to the
Internal Displacement Monitoring Centre, while some of the people
displaced by the earthquake continue to experience ongoing
socioeconomic impacts, 90% of the surveyed internally displaced people
had bought a new home.\12\ In the health sector, 81.43% of damaged
facilities have been reconstructed.\13\ The World Bank and other donors
built more than 300,000 houses and provided technical assistance to
communities and local governments.\14\ Nepal's National Reconstruction
Authority disbanded in 2021 after most impacted structures were
rebuilt.\15\
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\11\ See Government of Nepal Ministry of Home Affairs, Nepal
Disaster Report, September 2024, available at: https://bipad.gov.np/uploads/publication_pdf/Nepal_Disaster_Report_Final_2024.pdf (last
visited Mar. 18, 2025).
\12\ See Internal Displacement Monitoring Centre, Disaster
Displacement: Nepal Country Briefing (Dec. 13, 2022), available at:
https://www.internal-displacement.org/publications/disaster-displacement-nepal-country-briefing/ (last visited Mar. 19, 2025).
\13\ See Government of Nepal Ministry of Home Affairs, Nepal
Disaster Report, September 2024, available at: https://bipad.gov.np/uploads/publication_pdf/Nepal_Disaster_Report_Final_2024.pdf (last
visited Mar. 18, 2025).
\14\ See World Bank, Nepal--Earthquake Housing Reconstruction
Project: Final Implementation Review and Support, March 2023,
available at: https://documents.worldbank.org/en/publication/documents-reports/documentdetail/099050823052022936/p1559690634ae900f08b5d062bf08a958f6 (last visited Mar. 18, 2025).
\15\ See Lessons in Earthquake Reconstruction: Five Proven
Approaches from Nepal, The World Bank, Dec. 1, 2021, available at:
https://www.worldbank.org/en/news/feature/2021/12/01/lessons-in-
earthquake-reconstruction-five-proven-approaches-from-
nepal#:~:text=The%20World%20Bank's%20Earthquake%20Housing,million%20M
ulti%2Ddonor%20Trust%20Fund (last visited Mar. 18, 2025); see also,
Resource Guide: Nepal's Journey from Post-Earthquake Reconstruction
to Resilience, The World Bank, available at: https://www.worldbank.org/en/country/nepal/brief/post-earthquake-reconstruction-in-nepal (last visited Mar. 18, 2025).
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Though Nepal has continued to experience subsequent regional
environmental events, including flooding and landslides, the government
has made improvements to its preparedness and response capacity.
Similar progress has been made in building disaster-resilient housing,
infrastructure, and community systems, thus creating a safer and more
stable environment for returnees.\16\
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\16\ See Asian Development Bank, Asian Development Bank and
Nepal: Fact Sheet, August 2024, available at: https://www.adb.org/publications/nepal-fact-sheet (last visited Mar. 18, 2025).
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Conditions in Nepal have improved in several areas relevant to the
affected living conditions and Nepal's ability to handle the return of
its nationals. Though Nepal remains one of the poorest countries in the
world, its gross domestic product grew two percent from Fiscal Year
(FY) 2023 to FY 2024.\17\ Nepal's economic growth has been steady in
recent years and is forecast to grow at a rate of 4.9% this year.\18\
In 2024, inflation also decreased \19\ and purchasing power of lower-
income households increased.\20\
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\17\ See Nepal Development Update (October 2024), The World
Bank, available at: https://www.worldbank.org/en/country/nepal/publication/nepaldevelopmentupdate (last visited Mar. 19, 2025).
\18\ See Nepal GDP: $148 Billion, World Economics, available at:
https://www.worldeconomics.com/GrossDomesticProduct/Real-GDP-PPP/Nepal.aspx (last visited Mar. 26, 2025).
\19\ See Nepal Development Update (October 2024), The World
Bank, available at: https://www.worldbank.org/en/country/nepal/publication/nepaldevelopmentupdate (last visited Mar. 19, 2025).
\20\ See Situation Report on Nepal's Agrifood Systems (July
2024), Feed the Future, available at: https://csisa.org/wp-content/uploads/sites/2/2024/08/240801-CSISA-SIT-REP-JUL.pdf (last visited
Mar. 19, 2025).
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Additionally, Nepal has been regularly accepting the return of its
nationals with final removal orders over the last five years. DHS
estimates that there are approximately 12,700 nationals of Nepal (and
aliens having no nationality who last habitually resided in Nepal) who
hold TPS under Nepal's designation. Of those, approximately 5,500 have
become lawful permanent residents of the United States.
Effective Date of Termination of the TPS Designation
The TPS statute provides that the termination of a country's TPS
designation may not be effective earlier than 60 days after the FRN is
published or, if later, the expiration of the most recent previous
extension. See INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
The Secretary may determine the appropriate effective date of the
termination and the expiration of any TPS-related documentation, such
as EADs, for the purpose of providing for an orderly transition. See
id.; INA sec. 244(d)(3), 8 U.S.C. 1254a(d)(3). Given the Secretary's
finding that there is no longer an environmental disaster or other
situation causing substantial, but temporary, disruption of living
conditions and that Nepal can adequately handle the return of its
nationals, and considering other relevant factors, the Secretary has
determined that a 60-day transition period is sufficient and in accord
with Executive Order 14159.\21\ Accordingly, the termination of the
Nepal TPS designation will be effective 60 days from the publication
date of this notice in the Federal Register.\22\
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\21\ See supra note 10.
\22\ See 8 CFR 244.19 (``Upon the termination of designation of
a foreign state, those nationals afforded temporary Protected Status
shall, upon the sixtieth (60th) day after the date notice of
termination is published in the Federal Register, or on the last day
of the most recent extension of designation by the [Secretary of
Homeland Security], automatically and without further notice or
right of appeal, lose Temporary Protected Status in the United
States. Such termination of a foreign state's designation is not
subject to appeal.'').
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The Secretary has considered whether there are any putative
reliance interests in the Nepal TPS designation, especially when
considering whether to allow for an additional transition period akin
to that allowed under certain previous TPS terminations, including that
for Nepal.\23\ Temporary Protected Status, as the name itself makes
clear, is an inherently temporary status. TPS designations are time-
limited and must be periodically reviewed. See INA sec. 244(b)(3), 8
U.S.C. 1254a(b)(3). TPS notices clearly notify aliens of the
designations' expiration dates, and whether to allow for an orderly
transition period is left to the Secretary's unfettered discretion. See
INA sec. 244(b)(3), (d)(3); 8 U.S.C. 1254a(b)(3), (d)(3). The statute
inherently contemplates advance notice of a termination by requiring
the Secretary to make a decision at least 60 days before the current
expiration date and delaying the effective termination date by at least
60 days after publication of a Federal Register notice of the
termination or, if later, the existing expiration date. See INA sec.
244(b)(3), (d)(3); 8 U.S.C. 1254a(b)(3), (d)(3).\24\
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\23\ See Termination of the Designation of Nepal for Temporary
Protected Status, 83 FR 23705 (May 22, 2018) (providing a 12-month
transition period).
\24\ DHS recognizes that certain previous TPS terminations
allowed for an extended transition. See, e.g., Termination of the
Designation of El Salvador for Temporary Protected Status, 83 FR
2654 (Jan. 18, 2018) (nearly 17 years, with 18-month transition
period); Termination of the Designation of Sudan for Temporary
Protected Status, 82 FR 47228 (Oct. 11, 2017) (20 years, with 12-
month orderly transition period); Termination of the Designation of
Sierra Leone Under the Temporary Protected Status Program; Extension
of Employment Authorization Documentation, 68 FR 52407 (Sept. 3,
2003) (nearly 6 years, with 6-month orderly transition period); Six-
Month Extension of Temporary Protected Status Benefits for Orderly
Transition Before Termination of Liberia's Designation for Temporary
Protected Status, 81 FR 66059 (Sept. 26, 2016) (nearly 2 years, with
6-month orderly transition period); Termination of the Designation
of Nepal for Temporary Protected Status, 83 FR 23705 (May 22, 2018)
(4 years, with 12-month orderly transition period). At the same
time, certain other TPS designations were terminated without
allowing for an extended transition period. See, e.g., Termination
of Designation of Angola Under the Temporary Protected Status
Program, 68 FR 3896 (Jan. 27, 2003) (nearly 3 years, no orderly
transition period); Termination of Designation of Lebanon Under
Temporary Protected Status Program, 58 FR 7582 (Feb. 8, 1993) (2
years, no extended transition period).
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However, DHS recognizes that TPS Nepal beneficiaries continue to be
employment authorized during the 60-day transition period.\25\
Accordingly, through this Federal Register notice, DHS automatically
extends the validity of certain EADs previously issued under the TPS
designation of Nepal through August 5, 2025. Therefore, as proof of
continued employment authorization through August 5, 2025, TPS
beneficiaries can show their EADs that have the notation A-12 or C-19
under Category and a ``Card Expires'' date of June 24, 2018, June 24,
2019, March 24, 2020, January 4, 2021, October 4, 2021, December 31,
2022, June 30, 2024, and June 24, 2025.
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\25\ See INA 244(a)(1)(B), 8 U.S.C. 1254a(a)(1)(B); see also 8
CFR 244.13(b).
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Notice of Termination of the TPS Designation of Nepal
By the authority vested in the Secretary of Homeland Security under
INA section 244(b)(3), 8 U.S.C. 1254a(b)(3), and in consultation with
appropriate agencies of the U.S. Government, I have reviewed conditions
in Nepal and considered (a) whether there continues to be a
substantial, but temporary, disruption of living conditions in the
areas affected in Nepal, and (b) whether the state of Nepal is unable,
temporarily, to handle adequately the return to Nepal of its nationals.
Based on my review, I have determined that Nepal no longer continues to
meet the conditions for the designation for Temporary Protected Status
(TPS) under INA section 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B).
Accordingly, I order as follows:
(1) Pursuant to INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B),
and considering INA section 244(d)(3), 8 U.S.C. 1254a(d)(3), the
designation of Nepal for TPS is terminated effective at 11:59 p.m.,
local time, on August 5, 2025.
(2) Information concerning the termination of TPS for nationals of
Nepal (and aliens having no nationality who last habitually resided in
Nepal) will be available at local USCIS offices upon publication of
this notice and through the USCIS Contact Center at 1-800-375-5283.
This information will be published on the USCIS website at
www.USCIS.gov.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-10363 Filed 6-5-25; 8:45 am]
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