[Federal Register Volume 90, Number 128 (Tuesday, July 8, 2025)]
[Notices]
[Pages 30086-30089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12688]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2819-25; DHS Docket No. USCIS-2014-0006]
RIN 1615-ZB69
Termination of the Designation of Nicaragua for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
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 Nicaragua for Temporary Protected Status
(TPS). The designation of Nicaragua is set to expire on July 5, 2025.
After reviewing country conditions and consulting with appropriate U.S.
Government agencies,
[[Page 30087]]
the Secretary determined that Nicaragua no longer continues to meet the
conditions for designation for TPS. The Secretary, therefore, is
terminating the TPS designation of Nicaragua as required by statute.
This termination is effective September 8, 2025. After September 8,
2025, nationals of Nicaragua (and aliens having no nationality who last
habitually resided in Nicaragua) who have been granted TPS under
Nicaragua's designation will no longer have TPS.
DATES: The designation of Nicaragua 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 (not a toll-free call).
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 grant TPS 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 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
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 Nicaragua for TPS
Nicaragua was initially designated for TPS over 25 years ago based
on a determination that an environmental disaster resulted in a
substantial, but temporary, disruption of living conditions in the area
affected. The Nicaraguan government officially requested the
designation, and Nicaragua was unable, temporarily, to handle
adequately the return of its nationals. See Designation of Nicaragua
Under Temporary Protected Status, 64 FR 526 (Jan. 5, 1999). Since its
initial designation in 1999, TPS for Nicaragua was extended 13
consecutive times (for periods of 12 or 18 months at a time) under the
same statutory basis of environmental disaster. The last such extension
was due to expire on January 5, 2018.\1\
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\1\ Extension of the Designation of Nicaragua for Temporary
Protected Status, 81 FR 30325 (July 6, 2016).
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Following the statutorily required review of the country
conditions, former Acting Secretary Elaine C. Duke announced the
termination of TPS for Nicaragua, with an effective date of January 5,
2019. See Termination of the Designation of Nicaragua for Temporary
Protected Status, 82 FR 59636 (Dec. 15, 2017); see also INA secs.
244(b)(3)(A) and (B); 8 U.S.C. 1254a(b)(3)(A) and (B). The termination
decision was the subject of litigation and court orders, and, as a
result, the termination did not take effect. In compliance with court
orders, DHS published periodic notices to continue TPS and extend the
validity of TPS-related documentation previously issued to
beneficiaries under the TPS designation for Nicaragua.\2\
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\2\ 83 FR 54764 (Oct. 31, 2018); 84 FR 7103 (Mar. 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); 86 FR 50725 (Sept. 10, 2021) (correction notice issued at 86
FR 52694 (Sept. 22, 2021)); and 87 FR 68717 (Nov. 16, 2022).
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Finally, on June 21, 2023, DHS published a FRN reconsidering and
rescinding the prior administration's termination of Nicaragua TPS. The
rescission was effective June 9, 2023, and the new 18-month extension
of TPS for Nicaragua began on January 6, 2024, and will remain in
effect through July 5, 2025.\3\
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\3\ 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); 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 Nicaragua 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
[[Page 30088]]
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, issued or renewed after the effective date
of 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
Nicaragua
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 Nicaragua and considered
whether Nicaragua no longer continues to meet the conditions for
designation, including whether there is ``substantial, but temporary,
disruption in living conditions in the area affected'' by the
environmental disaster and whether Nicaragua continues to be ``unable,
temporarily, to handle adequately the return'' of its nationals, INA
244(b)(1)(B), 1254a(b)(1)(B).\4\ Overall, certain conditions for the
TPS designation of Nicaragua may continue; however, there are notable
improvements that allow Nicaragua to adequately handle the return of
its nationals.
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\4\ See also 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'').
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Based on the Department's review, the Secretary has determined the
conditions supporting Nicaragua's 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 \5\ leading to Nicaragua's TPS
designation, the conditions resulting from Hurricane Mitch no longer
cause a substantial, but temporary, disruption in living conditions in
the area affected, and Nicaragua is no longer unable, temporarily, to
adequately handle the return of its nationals. Nicaragua has made
significant progress recovering from the hurricane's destruction with
the help of the international community \6\ and is now a growing
tourism, ecotourism, agriculture, and renewable energy leader.\7\
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\5\ 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).
\6\ ProVention Consortium, Learning from Recovery after
Hurricane Mitch: Experience from Nicaragua (Jan. 26, 2010),
available at: https://www.preventionweb.net/files/12455_LearningfromMitchsummary1.pdf (last visited Apr. 14, 2025).
\7\ The Business Magnate, Nicaragua's Lucrative Industries:
Driving Economic Growth and Development, available at: https://thebusinessmagnate.com/nicaraguas-lucrative-industries-driving-economic-growth-and-development/ (last visited Apr. 14, 2025).
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Since the original 1999 TPS designation, Nicaragua has seen
improvements in its infrastructure with projects focusing on road
construction, school infrastructure, and health access. Nicaragua has
successfully completed projects on roads (U.S. $131.8 million),
education (U.S. $69 million), and land administration (U.S. $50
million).\8\ Nicaragua has constructed key bridges to mitigate
flooding, as well as developed over 200 km (approximately 124 miles) of
roads.\9\ Decades-long projects have improved land administration and
management, and further investment projects have helped with housing,
food insecurity, and restoring the health sector.\10\
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\8\ World Bank Group, The World Bank in Nicaragua: Overview,
Oct. 8, 2024, available at: https://www.worldbank.org/en/country/nicaragua/overview (last visited Apr. 14, 2025).
\9\ World Bank Group, The World Bank in Nicaragua: Overview,
Oct. 8, 2024, available at: https://www.worldbank.org/en/country/nicaragua/overview (last visited Apr. 14, 2025).
\10\ World Bank Group, The World Bank in Nicaragua: Overview,
Oct. 8, 2024, available at: https://www.worldbank.org/en/country/nicaragua/overview (last visited Apr. 14, 2025).
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Nicaragua has become a worldwide tourist destination, while also
promoting sustainability and revitalizing local communities.\11\
Technological innovation is empowering local farmers and fishers,
making the agriculture industry more competitive and profitable. In its
2024 investment climate statement for Nicaragua, the U.S. Department of
State reported, ``. . . Nicaragua continues to show stable
macroeconomic fundamentals, including a record-high $5 billion in
foreign reserves, a sustainable debt load, and a well-capitalized
banking sector.'' \12\
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\11\ Outlook Travel, Nicaragua: Tourism Insights, Oct. 4, 2024,
available at: https://www.outlooktravelmag.com/travel-guides/central-america/nicaragua/nicaragua-tourism-insights (last visited
Apr. 14, 2024).
\12\ U.S. Department of State, 2024 Investment Climate
Statements: Nicaragua, 2024, available at: https://www.state.gov/reports/2024-investment-climate-statements/nicaragua/ (last visited
Mar. 19, 2025).
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Additionally, Nicaragua has been regularly accepting the return of
its nationals with final removal orders over the last five years.\13\
The Secretary has determined that Nicaragua's recent ability to accept
the return of its nationals has been and continues to be at least
``adequate.'' \14\
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\13\ Divergentes, Ortega-Murillo Regime: A Willing and Efficient
Partner for U.S. Deportation Policies, Mar. 6, 2025, available at:
https://www.divergentes.com/ortega-murillo-regime-a-willing-and-
efficient-partner-for-u-s-deportation-policies/
#:~:text=Unlike%20its%20dictatorial%20counterparts%E2%80%94Cuba,of%20
Homeland%20Security%20(DHS) (last visited June 5, 2025).
\14\ 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).
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DHS estimates that there are approximately 4,000 nationals of
Nicaragua (and aliens having no nationality who last habitually resided
in Nicaragua) who hold TPS under Nicaragua's designation.\15\
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\15\ As of March 11, 2025, approximately 1,100 of these
nationals of Nicaragua (and aliens having no nationality who last
habitually resided in Nicaragua) are also approved as Lawful
Permanent Residents. Data queried by Department of Homeland
Security, U.S. Citizenship and Immigration Services, Office of
Performance and Quality March 2025.
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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 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
Nicaragua TPS
[[Page 30089]]
designation will be effective 60 days from this notice's publication
date.\16\
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\16\ 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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However, DHS recognizes that Nicaragua TPS beneficiaries continue
to be employment authorized during the 60-day transition period.\17\
Accordingly, through this FRN, DHS automatically extends the validity
of certain EADs previously issued under the TPS designation of
Nicaragua through September 8, 2025. Therefore, as proof of continued
employment authorization through September 8, 2025, TPS beneficiaries
can show their EADs that have the notation A-12 or C-19 under Category
and a ``Card Expires'' date of January 5, 2018, January 5, 2019, April
2, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December
31, 2022, June 30, 2024, and July 5, 2025.
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\17\ 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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The Secretary has considered putative reliance interests in the
Nicaragua 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 Nicaragua
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, conditions in Nicaragua, in
particular (a) whether there continues to be a substantial, but
temporary, disruption of living conditions in the area affected
resulting from the environmental disaster; and (b) whether Nicaragua
continues to be ``unable, temporarily, to handle adequately the return
of its nationals. Based on my review, I have determined that Nicaragua
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 Nicaragua 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
Nicaragua (and aliens having no nationality who last habitually resided
in Nicaragua) 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. 2025-12688 Filed 7-7-25; 8:45 am]
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