[Federal Register Volume 90, Number 128 (Tuesday, July 8, 2025)]
[Notices]
[Pages 30089-30092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12621]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2818-25; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB75
Termination of the Designation of Honduras for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
terminating the designation of Honduras for Temporary Protected Status
(TPS). The designation of Honduras is set to expire on July 5, 2025.
After reviewing country conditions and consulting with appropriate U.S.
Government agencies, the Secretary has determined that conditions in
Honduras no longer support its designation for TPS. The Secretary,
therefore, is terminating the TPS designation of Honduras as required
by statute. This termination is effective September 8, 2025. After
September 8, 2025, nationals of Honduras (and aliens having no
nationality who last habitually resided in Honduras) who have been
granted TPS under Honduras' designation will no longer have TPS.
DATES: The designation of Honduras for TPS is terminated effective at
11:59 p.m., local time, on September 8, 2025.
FOR FURTHER INFORMATION CONTACT: Humanitarian Affairs Division, Office
of Policy and Strategy, U.S. Citizenship and Immigration Services,
Department of Homeland Security, (240) 721-3000.
SUPPLEMENTARY INFORMATION:
Table 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 Secretary, in her
discretion, may then grant TPS to eligible nationals of that foreign
state (or individuals 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 required 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
[[Page 30090]]
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). 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).
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). 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 Honduras for TPS
Honduras was initially designated on January 5, 1999, on the basis
of an environmental disaster that resulted in substantial, but
temporary, disruption of living conditions, at the request of the
Honduran government, and because Honduras was unable, temporarily, to
handle adequately the return of its nationals. See Designation of
Honduras Under Temporary Protected Status, 64 FR 524 (Jan. 5, 1999).
The designation had been continuously extended since its initial
designation until November 6, 2017, when former Acting DHS Secretary
Elaine C. Duke announced that she had not made a decision on Honduras's
TPS designation by the statutory deadline, resulting in an automatic 6-
month extension of the designation, through July 5, 2018.\1\
---------------------------------------------------------------------------
\1\ See DHS Press Release, Acting Secretary Elaine Duke
Announcement on Temporary Protected Status for Nicaragua and
Honduras, available at: https://www.dhs.gov/archive/news/2017/11/06/acting-secretary-elaine-duke-announcement-temporary-protected-status-nicaragua-and; see also Extension of the Designation of
Honduras for Temporary Protected Status, 82 FR 59630 (Dec. 15,
2017).
---------------------------------------------------------------------------
In 2018, DHS announced the termination of TPS for Honduras \2\ to
be effective January 5, 2020, finding that the disruption of living
conditions from Hurricane Mitch had decreased and were 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 the TPS designation for Honduras. DHS instead continued the
validity of TPS-related documentation for Honduran beneficiaries
through January 5, 2020.\4\ On November 4, 2019, to comply with ongoing
litigation, DHS further continued and extended TPS-related
documentation for Hondurans through January 4, 2021.\5\
---------------------------------------------------------------------------
\2\ See DHS Press Release, Secretary of Homeland Security
Kirstjen M. Nielsen Announcement on Temporary Protected Status for
Honduras (May 4, 2018), available at: https://www.dhs.gov/archive/news/2018/05/04/secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
\3\ Termination of the Designation of Honduras for Temporary
Protected Status, 83 FR 26074 (June 5, 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 will not
implement or enforce the decision to terminate TPS for Honduras. TPS
Beneficiaries from Honduras retained TPS, provided that an alien's
TPS status is not withdrawn because of ineligibility. 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 Continuation of
Documentation for Beneficiaries of Temporary Protected Status
Designations for Nepal and Honduras, 84 FR 20647 (May 10, 2019).
\5\ To comply with the preliminary injunctions issued in Ramos
v. Nielsen and Saget v. Trump and the order to stay proceedings in
Bhattarai v. Nielsen. See Saget v. Trump, 375 F. Supp. 3d 280
(E.D.N.Y. 2019); Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan, 84 FR 59403 (Nov. 4, 2019).
---------------------------------------------------------------------------
While litigation continued, DHS published three additional Federal
Register notices (FRNs in 2020,\6\ 2021,\7\ and 2022 \8\) extending the
validity of TPS and TPS-related documentation for Honduran
beneficiaries.
---------------------------------------------------------------------------
\6\ On December 9, 2020, DHS automatically extended the validity
of TPS-related documentation for nine months through October 4,
2021, for Honduran beneficiaries. See Continuation of Documentation
for Beneficiaries of Temporary Protected Status Designations for El
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, 85 FR 79208.
\7\ On September 10, 2021, DHS published notice for a fifteen-
month extension of TPS for aliens from Honduras until December 31,
2022, while the preliminary injunction in Ramos and the Bhattarai
orders remain 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.
\8\ On November 16, 2022, DHS published a FRN extending the
validity period of TPS for covered aliens from several countries,
including Honduras, June 30, 2024. See Continuation of Documentation
for Beneficiaries of Temporary Protected Status Designations for El
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, 87 FR 68717.
---------------------------------------------------------------------------
Finally, on June 21, 2023, DHS published a FRN reconsidering and
rescinding the prior administration's termination of Honduras TPS. The
rescission was effective June 9, 2023, and the new 18-month extension
of TPS for Honduras began on January 6, 2024, and will remain in effect
through July 5, 2025.\9\
---------------------------------------------------------------------------
\9\ 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); 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).
---------------------------------------------------------------------------
Secretary's Authority To Terminate the Designation of Honduras for TPS
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 the country
continues to meet the conditions required 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 foreign state no longer meets the conditions for
the TPS designation, the Secretary must terminate the designation. See
INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). The termination may not
take effect earlier than 60 days after the date the Federal Register
notice (FRN) of termination is published, or if later, the expiration
of the most recent previous extension of the country designation. See
id. The Secretary may determine the appropriate effective date of the
termination and expiration of any TPS-related documentation, such as
EADs. 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).
[[Page 30091]]
Reasons for the Secretary's Termination of the TPS Designation for
Honduras
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 country conditions in Honduras and considered
whether the conditions for the designation of Honduras continue,
including whether there is ``substantial, but temporary, disruption in
living conditions in the area affected'' by the environmental disaster
and whether Honduras continues to be ``unable, temporarily, to handle
adequately the return'' of its nationals.\10\
---------------------------------------------------------------------------
\10\ See E.O. 14159, Protecting the American People Against
Invasion, sec. 16(b), 90 FR 8443, 8446 (Jan. 20, 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'').
---------------------------------------------------------------------------
Based on her review and consultation with the Department of State,
the Secretary has determined the conditions supporting Honduras'
January 5, 1999 designation for TPS on the basis of environmental
disaster due to Hurricane Mitch are no longer met. While Hurricane
Mitch was a sudden catastrophe that caused severe flooding and
associated damage,\11\ leading to Honduras' TPS designation, the
conditions resulting from Hurricane Mitch no longer cause a
``substantial, but temporary, disruption in living conditions in the
area affected,'' and Honduras is no longer ``unable, temporarily, to
handle adequately the return of its nationals.'' \12\ Honduras has made
significant progress recovering from the hurricane's destruction and is
now a popular tourism \13\ and real estate investment destination.\14\
---------------------------------------------------------------------------
\11\ National Environmental Satellite, Data, and Information
Service, 25 Years Later: Looking Back at the October Monster Named
Mitch (Oct. 27, 2023), available at: https://www.nesdis.noaa.gov/news/25-years-later-looking-back-the-october-monster-named-mitch
(last visited Apr. 14, 2025).
\12\ INA 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A).
\13\ ReportLinker, Honduras Tourism Industry Outlook 2024-2028,
available at: https://www.reportlinker.com/clp/country/6226/726310
(last visited Apr. 14, 2025).
\14\ Brevitas, Why Honduras is Gaining Popularity for Real
Estate Investment and Airbnb Rentals, Aug. 30, 2024, available at:
https://brevitas.com/articles/2024/8/why-honduras-is-gaining-popularity-for-real-estate-investment-and-airbnb-rentals (last
visited Apr. 14, 2025).
---------------------------------------------------------------------------
Honduras has witnessed significant changes in the 26 years since
Hurricane Mitch's destruction. Reports indicate that 95.7% of Hondurans
have access to a basic water source, 83.8% can access basic sanitation,
and 93.2% have access to electricity.\15\ The World Bank has been
helping Honduras address its most pressing needs and development
challenges, including supporting the Honduran government's emergency
response and post disaster reconstruction efforts.\16\ With
international assistance, Honduras has strengthened its disaster
management capacity at the municipal and national levels and improved
its capacity to promptly and effectively respond to emergencies.\17\
Following disaster management improvements, 18 municipalities adopted
risk management and emergency plans, and 38 cities improved their
livability, sustainability, and capacity, benefiting 1.3 million
people.\18\
---------------------------------------------------------------------------
\15\ BTI Transformation Index, Honduras, 2024, available at:
https://btiproject.org/fileadmin/api/content/en/downloads/reports/country_report_2024_HND.pdf (last visited Apr. 14, 2025).
\16\ BTI Transformation Index, Honduras, 2024, available at:
https://btiproject.org/fileadmin/api/content/en/downloads/reports/country_report_2024_HND.pdf (last visited Apr. 14, 2025).
\17\ World Bank Group, Honduras: Overview, Oct. 7, 2024,
available at: https://www.worldbank.org/en/country/honduras/overview
(last visited Mar. 26, 2025).
\18\ World Bank Group, Honduras: Overview, Oct. 7, 2024,
available at: https://www.worldbank.org/en/country/honduras/overview
(last visited Apr. 14, 2025).
---------------------------------------------------------------------------
Further, new infrastructure projects are set to transform Honduras
and create jobs. Foreign direct investment in Honduras has jumped to
1.8 billion USD in 2023, a notable rise from the previous year.\19\
Honduras is investing in urban infrastructure, focusing on improving
informal settlements and expanding land supply.\20\
---------------------------------------------------------------------------
\19\ The Latin Investor, 14 strong forecasts for real estate in
Honduras in 2025, Feb. 6, 2025, available at: https://thelatinvestor.com/blogs/news/honduras-real-estate-forecasts (last
visited Apr. 14, 2025).
\20\ The Latin Investor, 14 strong forecasts for real estate in
Honduras in 2025, Feb. 6, 2025, available at: https://thelatinvestor.com/blogs/news/honduras-real-estate-forecasts (last
visited Apr. 14, 2025).
---------------------------------------------------------------------------
As evidence of Honduras' readiness to welcome back its nationals,
in January 2025, the Honduran government enacted a plan called
``Brother, Come Home,'' an initiative to support Hondurans deported
from the United States that reportedly includes providing monetary and
food support, along with access to employment programs.'' \21\
---------------------------------------------------------------------------
\21\ The Tico Times, Honduras Prepares for Mass Deportations
Under Trump, Jan. 26, 2025, available at: https://ticotimes.net/2025/01/26/honduras-prepares-for-mass-deportations-under-trump (last
visited Apr. 14, 2025).
---------------------------------------------------------------------------
Additionally, Honduras has been regularly accepting the return of
its nationals with final removal orders over the last five years.\22\
The Secretary has determined that Honduras' recent ability to accept
the return of it nationals has been and continues to be at least
``adequate.'' \23\
---------------------------------------------------------------------------
\22\ See e.g. ``Project Homecoming Charter Flight Brings Self-
Deporters to Honduras, Colombia'' referencing the Honduran
government's ``Hermano, Hermana, Vuelve a Casa'' program, which
includes a financial repatriation bonus, food vouchers, and
assistance in finding employment, DHS press release, May 19, 2025,
available at https://www.dhs.gov/news/2025/05/19/project-homecoming-charter-flight-brings-self-deporters-honduras-colombia (last
accessed June 3, 2025).
\23\ The INA does not define ``adequately.'' Certain
``[d]ictionaries define `adequate' as ``sufficient for a specific
need or requirement,'' Adequate, Merriam-Webster's Collegiate
Dictionary, or as either: (1) ``[f]ully satisfying what is required;
quite sufficient, suitable, or acceptable in quality or quantity'';
or (2) ``[s]atisfactory, but worthy of no stronger praise or
recommendation; barely reaching an acceptable standard; just good
enough,'' Adequate, Oxford English Dictionary (3d ed. 2011).''
Booker v. Sec'y, Fla. Dep't of Corr., 22 F.4th 954, 961 (11th Cir.
2022) (Lagoa, J., specially concurring) (URL citation omitted).
---------------------------------------------------------------------------
DHS estimates that there are approximately 72,000 nationals of
Honduras (and aliens having no nationality who last habitually resided
in Honduras) who hold TPS under Honduras' designation.\24\
---------------------------------------------------------------------------
\24\ As of April 7, 2025, approximately 21,000 of these
nationals of Honduras (and aliens having no nationality who last
habitually resided in Honduras) have been granted lawful permanent
resident status. Data queried by Department of Homeland Security,
U.S. Citizenship and Immigration Services, Office of Performance and
Quality April 2025.
---------------------------------------------------------------------------
Effective Date of Termination of the 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).
Although the statute authorizes the Secretary, at her discretionary
option, to allow for an extended ``orderly transition'' period with
respect to the expiration of any TPS-related documentation, such as
EADs, the Secretary has determined in her discretion that a 60-day
transition period is sufficient. A sixty-day orderly period of
transition is consistent with the precedent of previous TPS country
terminations and makes clear that the United States is committed to
clarity and consistency. See INA sec. 244(d)(3), 8 U.S.C. 1254a(d)(3).
Accordingly, the termination of the Honduras TPS designation will be
effective 60 days from this notice's publication date.\25\
---------------------------------------------------------------------------
\25\ 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.'').
---------------------------------------------------------------------------
[[Page 30092]]
However, DHS recognizes that Honduran TPS beneficiaries continue to
be employment authorized during the 60-day transition period.\26\
Accordingly, through this FRN, DHS automatically extends the validity
of certain EADs previously issued under the TPS designation of Honduras
through September 8, 2025. Therefore, as proof of continued employment
authorization through September 8, 2025, TPS beneficiaries can show
their EADs that have the notation A-12 or C-19 under Category and a
``Card Expires'' date of January 5, 2018, July 5, 2018, January 5,
2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30,
2024, and July 5, 2025.
---------------------------------------------------------------------------
\26\ See INA 244(a)(1)(B), 8 U.S.C. 1254a(a)(1)(B); see also 8
CFR 244.13(b).
---------------------------------------------------------------------------
The Secretary has considered putative reliance interests in the
Honduras TPS designation, especially when considering whether to allow
for an additional transition period similar to that allowed under
certain previous TPS terminations. 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 timely publication of the Secretary's
determination and delaying the effective date of the termination 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).
Notice of the Termination of the TPS Designation of Honduras
By the authority vested in me as Secretary under INA section
244(b)(3), 8 U.S.C. 1254a(b)(3), I have reviewed, in consultation with
the appropriate U.S. Government agencies, (a) conditions in Honduras,
(b) whether there continues to be a substantial disruption of living
conditions in the areas affected in Honduras; and (c) whether Honduras
can handle adequately the return of its nationals. Based on my review,
I have determined that Honduras no longer continues to meet the
conditions 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)(1)(B),
and considering INA section 244(d)(3), 8 U.S.C. 1254a(d)(3), the
designation of Honduras for TPS is terminated effective at 11:59 p.m.,
local time, on September 8, 2025.
(2) Information concerning the termination of TPS for nationals of
Honduras (and aliens having no nationality who last habitually resided
in Honduras) will be available at local USCIS office 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. 2025-12621 Filed 7-7-25; 8:45 am]
BILLING CODE 9111-97-P