[Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)]
[Notices]
[Pages 1547-1553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00596]
[[Page 1547]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2848-26; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB77
Termination of the Designation of Somalia 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 Somalia for Temporary Protected Status.
The designation of Somalia is set to expire on March 17, 2026. After
reviewing country conditions and consulting with appropriate U.S.
Government agencies, the Secretary determined that Somalia no longer
continues to meet the conditions for designation for Temporary
Protected Status. The Secretary, therefore, is terminating the
Temporary Protected Status designation of Somalia as required by
statute. This termination is effective March 17, 2026. After March 17,
2026, nationals of Somalia (and aliens having no nationality who last
habitually resided in Somalia) who have been granted Temporary
Protected Status under Somalia's designation will no longer have
Temporary Protected Status.
DATES: The designation of Somalia for Temporary Protected Status is
terminated, effective at 11:59 p.m., local time, on March 17, 2026.
FOR FURTHER INFORMATION CONTACT: Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
(240) 721-3000.
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
State--Department of State
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
What Is Temporary Protected Status?
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
Temporary Protected Status (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 Temporary
Protected Status 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
Temporary Protected Status designation or extension, the Secretary--
after consultation with appropriate U.S. Government agencies--must
review the conditions in the foreign state designated for Temporary
Protected Status and determine whether the conditions for the Temporary
Protected Status 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 conditions in the foreign state continue to meet the specific
statutory criteria for the Temporary Protected Status designation,
Temporary Protected Status 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
the Temporary Protected Status 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 Temporary Protected
Status. See INA sec. 244(b)(5)(A), 8 U.S.C. 1254a(b)(5)(A).
Temporary Protected Status is a temporary immigration benefit
granted to eligible nationals of a country designated for Temporary
Protected Status under the Immigration and Nationality Act, or to
eligible aliens without nationality who last habitually resided in the
designated country. During the designation period, Temporary Protected
Status beneficiaries are eligible to remain in the United States and
may not be removed so long as they continue to meet the requirements of
Temporary Protected Status. In addition, Temporary Protected Status
beneficiaries are authorized to work and obtain an Employment
Authorization Document (EAD), if requested. Temporary Protected Status
beneficiaries may also apply for and be granted travel authorization as
a matter of discretion. The granting of Temporary Protected Status does
not result in or lead to lawful permanent resident status or any other
immigration status.
To qualify for Temporary Protected Status, beneficiaries must meet
the eligibility standards at INA section 244(c)(2), 8 U.S.C.
1254a(c)(2) in accordance with the implementing regulations at 8 CFR
parts 244 and 1244. When the Secretary terminates a country's
designation, beneficiaries return to the same immigration status or
category that they maintained before Temporary Protected Status, 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 Temporary Protected Status, as long as it
is still valid on the date Temporary Protected Status terminates.
Designation of Somalia for Temporary Protected Status
Somalia was initially designated for Temporary Protected Status on
September 16, 1991, based on a determination that there were
``extraordinary and temporary conditions'' in Somalia that prevented
Somali nationals from returning in safety and that permitting nationals
of Somalia to remain temporarily in the United States is not contrary
to the national interest of the United States.\1\ The initial Temporary
Protected Status designation for Somalia was extended nine times, from
September 17, 1992-September 17, 1993,\2\ September 18, 1993-September
17, 1994,\3\ September 18, 1994-September 17, 1995,\4\ September 18,
1995-September 17, 1996,\5\ September 18, 1996-September
[[Page 1548]]
17, 1997,\6\ September 18, 1997-September 17, 1998,\7\ September 18,
1998-September 17, 1999,\8\ September 18, 1999-September 17, 2000,\9\
and September 18, 2000-September 17, 2001.\10\
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\1\ Designation of Nationals of Somalia for Temporary Protected
Status, 56 FR 46804 (Sept. 16, 1991); see INA 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
\2\ Extension of Designation of Somalia Under Temporary
Protected Status Program, 57 FR 32232 (July 21, 1992).
\3\ Extension of Designation of Somalia Under Temporary
Protected Status Program, 58 FR 48898 (Sept. 20, 1993).
\4\ Extension of Designation of Somalia Under Temporary
Protected Status Program, 59 FR 43359 (Aug. 23, 1994).
\5\ Extension of Designation of Somalia; Under Temporary
Protected Status Program, 60 FR 39005 (July 31, 1995).
\6\ Extension of Designation of Somalia Under Temporary
Protected Status Program, 61 FR 39472 (July 29, 1996).
\7\ Extension of Designation of Somalia Under Temporary
Protected Status Program, 62 FR 41421 (Aug. 1, 1997).
\8\ Extension of Designation of Somalia Under Temporary
Protected Status Program, 63 FR 50156 (Sept. 18, 1998).
\9\ Extension of Designation of Somalia Under Temporary
Protected Status Program, 64 FR 49511 (Sept. 13, 1999).
\10\ Extension of Designation of Somalia Under Temporary
Protected Status Program, 65 FR 69789 (Nov. 11, 2000).
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In September 2001, the Temporary Protected Status designation for
Somalia was extended, and Somalia was newly designated (referred to as
a redesignation).\11\ Thereafter, the Temporary Protected Status
designation for Somalia was extended eight times, from September 17,
2002-September 17, 2003,\12\ September 17, 2003-September 17, 2004,\13\
September 17, 2004-September 17, 2005,\14\ September 17, 2005-September
17, 2006,\15\ September 17, 2006-March 17, 2008,\16\ March 18, 2008-
September 17, 2009,\17\ September 18, 2009-March 17, 2011,\18\ and
March 18, 2011-September 17, 2012.\19\ Although Somalia was initially
designated for Temporary Protected Status on the sole basis of
extraordinary and temporary conditions, the July 2002 extension
designated Somalia for Temporary Protected Status on the dual bases of
ongoing armed conflict and extraordinary and temporary conditions.\20\
Subsequent designations included these dual bases as justification for
continuing designation.
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\11\ Extension and Redesignation of Somalia under Temporary
Protected Status Program, 66 FR 46288 (Sept. 4, 2001).
\12\ Extension of the Designation of Somalia Under the Temporary
Protected Status Program, 67 FR 48950 (July 26, 2002).
\13\ Extension of the Designation of Somalia Under Temporary
Protected Status Program, 68 FR 43147 (July 21, 2003).
\14\ Extension of the Designation of Temporary Protected Status
for Somalia, 69 FR 47937 (Aug. 6, 2004).
\15\ Extension of the Designation of Somalia for Temporary
Protected Status, 70 FR 43895 (July 29, 2005).
\16\ Extension of the designation of Temporary Protected Status
for Somalia; Automatic Extension of Employment Authorization
Documentation for Somalia TPS Beneficiaries, 71 FR 42658 (July 27,
2006).
\17\ Extension of the Designation of Somalia for Temporary
Protected Status; Automatic Extension of Employment Authorization
Documentation for Somali Temporary Protected Status Beneficiaries,
73 FR 13245 (Mar. 12, 2008).
\18\ Extension of the Designation of Somalia for Temporary
Protected Status and Automatic Extension of Employment Authorization
Documentation for Somalian TPS Beneficiaries, 74 FR 37043 (July 27,
2009).
\19\ Extension of the Designation of Somalia for Temporary
Protected Status, 75 FR 67383 (Nov. 2, 2010).
\20\ See Extension of the Designation of Somalia Under the
Temporary Protected Status Program, 67 FR 48950 (July 26, 2002).
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In May 2012, the Temporary Protected Status designation for Somalia
was extended, and Somalia again was newly designated.\21\ Temporary
Protected Status for Somalia was subsequently extended an additional
five times, from March 18, 2014-September 17, 2015,\22\ September 18,
2015-March 17, 2017,\23\ March 18, 2017-September 17, 2018,\24\
September 18, 2018-March 17, 2020,\25\ and March 18, 2020-September 17,
2021.\26\
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\21\ Extension and Redesignation of Somalia for Temporary
Protected Status, 77 FR 25723 (May 1, 2012).
\22\ Extension of the designation of Somalia for Temporary
Protected Status, 78 FR 65690 (Nov. 1, 2013).
\23\ Extension of the Designation of Somalia for Temporary
Protected Status, 80 FR 31056 (June 1, 2015).
\24\ Extension of the Designation of Somalia for Temporary
Protected Status, 82 FR 4905 (Jan. 17, 2017).
\25\ Extension of the Designation of Somalia for Temporary
Protected Status, 83 FR 43695 (Aug. 27, 2018).
\26\ Extension of the Designation of Somalia for Temporary
Protected Status, 85 FR 14229 (Mar. 11, 2020).
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After these extensions, the Temporary Protected Status designation
for Somalia was extended and Somalia was newly designated three times,
from September 18, 2021-March 17, 2023,\27\ March 18, 2023-September
17, 2024,\28\ and September 18, 2024-March 17, 2026.\29\
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\27\ Extension and Redesignation of Somalia for Temporary
Protected Status, 86 FR 38744 (July 22, 2021).
\28\ Extension and Redesignation of Somalia for Temporary
Protected Status, 88 FR 15434 (Mar. 13, 2023).
\29\ Extension and Redesignation of Somalia for Temporary
Protected Status, 89 FR 59135 (July 22, 2024).
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Secretary's Authority To Terminate the Designation of Somalia for
Temporary Protected Status
At least 60 days before the expiration of a foreign state's
Temporary Protected Status designation or extension, the Secretary--
after consultation with appropriate U.S. Government agencies--must
review the conditions in the foreign state designated for Temporary
Protected Status to determine whether the country continues to meet the
conditions for the 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 Temporary Protected Status
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
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 Temporary Protected Status-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 Temporary Protected
Status Designation for Somalia
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 Somalia and considered whether
Somalia continues to meet the conditions for the designation under INA
sections 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C). This review included examining under INA section
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A), whether there is ongoing armed
conflict within the state, and whether, due to such conflict, requiring
aliens who are nationals of that state to return would pose a serious
threat to their personal safety. The Secretary also examined under INA
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C), whether extraordinary
and temporary conditions in Somalia that prevent Somali nationals from
returning in safety continue to exist, and if permitting Somali
nationals to remain temporarily in the United States is contrary to the
national interest of the United States.
Pursuant to INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A), the
Secretary first examined whether there is ongoing armed conflict within
Somalia and whether due to such conflict, requiring aliens who are
nationals of that state to return would pose a serious threat to their
personal safety. After independence in 1960, Somalia experienced Siad
Barre's 1969 military coup and the increasingly authoritarian, clan-
based governance that followed, creating widespread unrest that
eventually led to the regime's collapse and the country's descent into
turmoil
[[Page 1549]]
in 1991.\30\ Following Barre's ouster in January 1991, ``no central
government reemerged to take the place of the overthrown government . .
. the country descended into chaos, and a humanitarian crisis of
staggering proportions began to unfold.'' \31\ In the context of these
events, the former U.S. Attorney General designated Somalia for
Temporary Protected Status on the basis of extraordinary and temporary
conditions in September 1991.\32\ Following the withdrawal of
international forces and years of clan-related conflict, Somalia lacked
a functioning central government for more than two decades, until
political institutions gradually re-emerged and were formally
recognized by the United States in 2013:
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\30\ U.S. Department of State, Office of the Historian,
``Somalia, 1992--1993'' (last visited Nov. 21, 2025), https://history.state.gov/milestones/1993-2000/somalia.
\31\ Id.
\32\ Designation of Nationals of Somalia for Temporary Protected
Status, 56 FR 46804 (Sept. 16, 1991).
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``In 2013, the United States officially recognized Somalia's
government for the first time in 22 years, underscoring tenuous
political improvements and advances against Al Shabaab. The
International Monetary Fund (IMF) followed, enabling IMF technical
assistance. In 2016, the United States sent its first ambassador to
Somalia since 1991 and, in 2008 (sic 2018),\33\ reestablished a
permanent diplomatic presence. With support from donors, [African
Union] forces, and other security and development partners, the country
has transitioned from a ``failed state'' to a ``fragile state.'' ''
\34\
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\33\ U.S. Department of State, Reestablishment of a Permanent
Diplomatic Presence in Somalia (Dec. 4, 2018), https://2017-2021.state.gov/reestablishment-of-a-permanent-diplomatic-presence-in-somalia/.
\34\ Congressional Research Service, ``Somalia'' (June 30,
2025), https://www.congress.gov/crs-product/IF10155.
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In September 2025, the President of Somalia, Hassan Sheikh Mohamud,
addressed the United Nations (UN) General Assembly, describing the
country's progress as the result of ``real national effort supported by
truly committed international partners'' and highlighted Somalia's
transition away from the all-out civil conflict that began anew in
2012.\35\ He emphasized that Somalia is now confronting only ``the last
remaining pockets of international terrorism while building a strong
and sustainable national security architecture,'' a characterization
that underscores that the country is no longer experiencing an ongoing
armed conflict.\36\ Thus, while conditions at the time of previous
designations reflected an ongoing armed conflict, Somalia today shows
improved national governance and security structures and now
experiences localized pockets of violence rather than nationwide,
generalized conflict.
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\35\ UN News, ``Post-war Somalia proves multilateralism can make
the world a better place, says President'' (Sept. 25, 2025) https://news.un.org/en/story/2025/09/1165952.
\36\ Id.
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Moreover, requiring Somali nationals to return to Somalia would not
pose a serious threat to their personal safety as there are areas
within Somalia where Somali nationals may live in safety. For example,
Somaliland, a territory in the north of Somalia, ``has widely been seen
as an ``oasis'' for stability in a turbulent region.'' \37
\Additionally, Puntland, an autonomous state, was described in early
2024 as ``a destination for many Somalis displaced by violence in the
south.'' \38\ U.S. Somalia policy historically has recognized the
sovereignty and territorial integrity of Somalia within its 1960
borders which includes Somaliland, Puntland, and Jubaland as part of
its ``One Somalia'' policy.\39\ Additionally, clan ties play a
significant role in life and society in Somalia and Somaliland and
Puntland are no exception. Somaliland is home to several clans and
minority groups. While people belonging to different clans or ethnic
groups can generally reside across Hargeisa, the largest city, certain
districts are dominated by certain groups. There are no formal
requirements or restrictions to access and settle in Hargeisa, despite
Somaliland's claim of independence. In Puntland, society is also clan-
based and there are members of various clans, including those that came
from southern Somalia and minority groups that have a significant
presence in the largest city, Garowe.\40\ Furthermore, the data
surrounding internal displacement does indicate parts of the country
are suitable for Somali nationals to safely return.\41\
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\37\ Council on Foreign Relations, ``Somaliland: The Horn of
Africa's Breakaway State'' (Jan. 21, 2025), https://www.cfr.org/backgrounder/somaliland-horn-africas-breakaway-state (discussing
Somalilanders as part of an ethnically and de facto politically
separate entity from Somalia).
\38\ British Broadcasting Corporation (BBC), ``Puntland
profile'' (Apr. 3, 2024), https://www.bbc.com/news/world-africa-14114727 (Puntland in 2024 declared its functional separation from
the federal country of Somalia).
\39\ Congressional Research Service, ``Somalia'' (Jun. 30,
2025), https://www.congress.gov/crs-product/IF10155.
\40\ See European Union Agency for Asylum, ``Country of Origin
Information Report--Somalia: Country Focus'' (May 2025), https://www.euaa.europa.eu/sites/default/files/publications/2025-05/2025_05_EUAA_COI_Report_Somalia_Country_Focus.pdf.
\41\ United Nations High Commissioner for Refugees (UNHCR),
``Internal Displacement'' (last accessed Nov. 21, 2025), https://data.unhcr.org/en/dataviz/1?sv=1&geo=192.
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Pursuant to INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C), the
Secretary examined whether extraordinary and temporary conditions in
Somalia that prevent Somali nationals from returning in safety continue
to exist, and if permitting Somali nationals to remain temporarily in
the United States is contrary to the national interest of the United
States.
For decades, Somalia has endured prolonged conflicts and climatic
shocks impacting food security. In a recent press briefing, the United
Nations Secretary-General spokesperson stated: ``severe drought in the
country is putting millions of people's lives at risk'' and
``approximately 3.4 million people in Somalia are currently
experiencing high levels of acute food insecurity.'' \42\ Al Shabaab, a
designated Foreign Terrorist Organization, ``continues to exploit the
Somalian government's limited state capacity and the country's dire
humanitarian crises to launch indiscriminate attacks against government
forces, foreign peacekeepers, and civilians.'' \43\
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\42\ United Nations, ``Daily Press Briefing by the Office of the
Spokesperson for the Secretary-General'' (Nov. 13, 2025), https://press.un.org/en/2025/db251113.doc.htm.
\43\ Council on Foreign Relations, ``Conflict With Al-Shabaab in
Somalia'' (Sept. 15, 2025), https://www.cfr.org/global-conflict-tracker/conflict/al-shabab-somalia.
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Despite these ongoing challenges in Somalia, the World Bank has
stated that ``Somalia has made significant progress in recent years,
consolidating its federal system of governance, strengthening capacity
of government institutions and supporting inclusive private sector-led
growth, while leveraging the momentum created by the Heavily Indebted
Poor Countries (HIPC) Initiative.'' \44\ Moreover, ``despite multiple
climatic shocks and a complicated security situation, Somalia continued
advancing structural reforms and maintained a track record of sound
macroeconomic management, as evidenced by the satisfactory
implementation of the International Monetary Fund (IMF) Extended Credit
Facility (ECF) program.'' \45\ Mogadishu, Somalia's capital, is
experiencing a transformative ``building boom'': ``. . . for the first
time in decades, the three million inhabitants of the capital Mogadishu
. . . are
[[Page 1550]]
witnessing a building boom.'' \46\ The BBC reported: ``[a]ccording to
the office of the mayor of Mogadishu, over the last years, more than
6,000 buildings have been constructed, marking a significant change in
the city's landscape. Further, ``[s]ecurity in Mogadishu has improved,
leading to an increase in high-rise and commercial buildings,'' says
Salah Hassan Omar, the mayor's spokesperson.'' \47\ These recent
developments in Somalia underscore the progress made across multiple
sectors and demonstrates the country's commitment to addressing
challenges and fostering growth.
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\44\ World Bank, ``Federal Republic of Somalia: Overview'' (last
updated Sept. 26, 2025), https://www.worldbank.org/en/country/somalia/overview.
\45\ Id.
\46\ Barron's, ``Rising From The Ashes: Mogadishu's Building
Boom'' (Nov. 23, 2025), https://www.barrons.com/news/rising-from-the-ashes-mogadishu-s-building-boom-53c34085?reflink=desktopwebshare_permalink.
\47\ BBC, ``The women at the centre of Somalia's construction
boom'' (June 14, 2025), https://www.bbc.com/news/articles/cj427dy11j0o.
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Based on the review, the Secretary has determined that while some
extraordinary and temporary conditions may exist in Somalia, they do
not prevent Somali nationals (or aliens having no nationality who last
habitually resided in Somalia) from returning in safety.
By statute, the Secretary is prohibited from designating a country
for Temporary Protected Status or extending a Temporary Protected
Status designation on the basis of extraordinary and temporary
conditions if she finds that ``permitting the aliens to remain
temporarily in the United States is contrary to the national interest
of the United States.'' \48\ The Secretary has concluded that
permitting Somali nationals to remain temporarily in the United States
would be contrary to the national interest of the United States.
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\48\ See INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
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``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).\49\
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 consultations with appropriate U.S. Government
agencies.
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\49\ 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 and 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 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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There are significant public safety and national security risks
associated with the continued designation of Temporary Protected Status
for Somalia. The United States named Al Shabaab a Foreign Terrorist
Organization (FTO) on March 18, 2008.\50\ In Executive Order 13536,
former President Obama found ``that the deterioration of the security
situation and the persistence of violence in Somalia, and acts of
piracy and armed robbery at sea off the coast of Somalia, which have
repeatedly been the subject of United Nations Security Council
resolutions . . . constitute an unusual and extraordinary threat to the
national security and foreign policy of the United States'' and,
declared ``a national emergency to deal with that threat.'' \51\
Although the United States never formally severed diplomatic relations
with Somalia, the U.S. Embassy in Somalia was closed in 1991. The
United States formally recognized the new Federal Government of Somalia
on January 17, 2013, following the adoption of a provisional
constitution.\52\ This lack of diplomatic engagement severely limits
the U.S. government's ability to access reliable Somali records.
Furthermore, the caliber of the civil and criminal history records is
not comprehensive, accurate, or reliable, making meaningful vetting
virtually impossible. In a January 20, 2025 Executive Order, President
Trump instructed the Secretary of State, Attorney General, Secretary of
Homeland Security, and the Director of National Intelligence to ``vet
and screen to the maximum degree possible all aliens who intend to be
admitted, enter, or are already inside the United States, particularly
those aliens coming from regions or nations with identified security
risks.'' \53\ Due to this lengthy gap in U.S. diplomatic engagement,
the United States cannot adequately vet Somali nationals, particularly
aliens who were approved for TPS during this period of 1991-2013, for
identity, criminal history, or potential terrorist affiliations, posing
an ongoing threat to public safety and national security of the United
States.
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\50\ U.S. Department of State, ``Foreign Terrorist
Organizations'' (last updated Nov. 24, 2025), https://www.state.gov/foreign-terrorist-organizations.
\51\ Blocking Property of Certain Persons Contributing to the
Conflict in Somalia, 75 FR 19869 (Apr. 15, 2010).
\52\ U.S. Department of State, ``U.S.-Somalia Relations'' (last
visited Nov 24, 2025), https://2021-2025.state.gov/countries-areas/
somalia/
#:~:text=Although%20the%20U.S.%20never%20formally,Somalia%20on%20Janu
ary%2017%2C%202013.
\53\ Protecting the United States From Foreign Terrorists and
Other National Security and Public Safety Threats, 90 FR 8451 (Jan.
30, 2025).
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These national security and public safety vulnerabilities have
already been proven in the United States. In 2009, the U.S. Senate
Committee on Homeland Security and Governmental Affairs held hearings
titled ``Violent Islamist Extremist: Al-Shabaab Recruitment in
America'' (Mar. 11, 2009) and ``Eight Years After 9/11: Confronting the
Terrorist Threat to the Homeland'' (Sept. 30, 2009).\54\ During a
hearing, Chairman Lieberman had the following opening statement:
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\54\ U.S. Senate, Committee on Homeland Security and
governmental Affairs, March 11, 2009 and September 30, 2009, https://www.govinfo.gov/content/pkg/CHRG-111shrg49640/html/CHRG-111shrg49640.htm.
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``Today we are going to focus on what appears to be the most
significant case of homegrown American terrorism recruiting based on
violent Islamist ideology. The facts, as we know them, tell us that
over the last 2 years, individuals from the Somali-American community
in the United States, including American citizens, have left for
Somalia to support and in some cases fight on behalf of al-Shabaab,
which, incidentally was designated as a foreign terrorist organization
by our government in February 2008.
There are ideological, tactical, financial, and also personnel
links between al-Shabaab and al-Qaeda.
Al-Shabaab, meanwhile, continues to release recruiting videos
targeting Westerners, and those videos are surely being watched by some
potential followers here in the United States. In the most graphic and
deadly example of a direct connection between the Somali-American
community and international terrorism, Shirwa Ahmed, a naturalized U.S.
citizen living in the Minneapolis area, returned to Somalia within the
last 2 years and killed himself and many others in a suicide bombing
last October. According to Federal Bureau of Investigations (FBI)
Director Robert Mueller, Shirwa Ahmed, who was radicalized in
Minnesota, is probably
[[Page 1551]]
the first U.S. citizen to carry out a terrorist suicide bombing.'' \55\
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\55\ Id.
In a separate congressional hearing by the Committee on Homeland
Security in the House of Representatives, the Committee found: ``Al-
Shabaab has conducted recruitment and fundraising within the Somali
diaspora community in the United States, drawing considerable attention
from U.S. law enforcement officials. Several Somali-Americans have been
prosecuted for terrorist financing, and U.S. citizens (many, but not
all, of Somali origin) have been indicted on suspicion of traveling to
train and fight with al-Shabaab. Others have been prosecuted for
efforts to recruit or provide financial support to the group.'' \56\
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\56\ U.S. House of Representatives, Committee on Homeland
Security, ``From Al-Shabaab to Al-Nusra: How Westerners Joining
Terror Groups Overseas Affect the Homeland'' (Oct. 9, 2013), https://www.congress.gov/event/113th-congress/house-event/LC1003/text.
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These threats and concerns remain ongoing. In October 2025,
Abdisatar Ahmed Hasan, 23, pled guilty to attempting to provide
material support and resources to a designated foreign terrorist
organization. Hasan publicly supported Al Shabaab and later ISIS in
multiple social media posts and praised terrorist attacks globally and
in the United States. In December 2024, he twice attempted to travel
one-way from Minnesota to Somalia with the intent to join and fight on
behalf of ISIS.\57\ It is deeply troubling that a young Somali man \58\
with so many opportunities in the United States would choose to support
Al Shabaab, a terrorist organization in Somalia. This case also raises
serious concerns about inadequate vetting processes, reflecting
potential gaps in how aliens were screened before being granted access
to such opportunities. On December 1, 2025, Treasury Secretary Scott
Bessent announced that the U.S. Treasury is ``investigating allegations
that . . . Minnesotans' tax dollars may have been diverted to the
terrorist organization Al-Shabaab.'' \59\ DHS records indicate there
are Somali nationals (or aliens who last habitually resided in Somalia)
who are Temporary Protected Status beneficiaries or applicants who are
or have been the subject of administrative investigations for fraud,
public safety, and national security. The Secretary accordingly took
account of those cases in making her determination, as fraud and
egregious public safety violations are contrary to the national
interest.
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\57\ U.S. Department of Justice, ``Press Release: ISIS Supporter
Pleads Guilty to Material Support of Terrorism'' (Oct. 1, 2025),
https://www.justice.gov/usao-mn/pr/isis-supporter-pleads-guilty-material-support-terrorism.
\58\ U.S. Department of Justice, ``United States District Court
for the District of Minnesota, United States of America v. Abdisatar
Ahmed Hassan'' Case No. 25-mj-104 (DLM) (Feb. 27, 2025), https://www.justice.gov/d9/2025-02/25-mj-104_complaint_packet.pdf (``HASSAN
is a twenty-two-year-old ethnic-Somali male resident of Minneapolis,
Minnesota . . . [a] review of records provided by [USCIS] indicate
HASSAN was born in Garissa, Kenya, in 2002. HASSAN's parents were
both listed as having been born in Badade (variant Badhadhe),
Somalia, which is located in the Lower Juba Region in southern
Somalia.'')
\59\ X (formerly known as Twitter), Treasury Secretary Scott
Bessent @SecScottBessent (Dec. 1, 2025), https://x.com/secscottbessent/status/1995615377284628908?s=46&t=qR3vODA0Fo4X5Pm3n4psEw.
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In Presidential Proclamation ``Restricting the Entry of Foreign
Nationals to Protect the United States From Foreign Terrorists and
Other National Security and Public Safety Threats'' President Trump
imposed a full suspension on the admission of Somali nationals along
with nationals from 11 other countries, upon country identification by
the Secretary of State and after accounting for the United States'
foreign policy, national security, and counterterrorism objectives.\60\
For Somalia, reasons included: ``Somalia lacks a competent or
cooperative central authority for issuing passports or civil documents
and it does not have appropriate screening and vetting measures'' and
``[a] persistent terrorist threat also emanates from Somalia's
territory.'' \61\ This was in direct response to the January 20, 2025
Executive Order, in which President Trump instructed the Secretary of
State, Attorney General, Secretary of Homeland Security, and the
Director of National Intelligence to ``vet and screen to the maximum
degree possible all aliens who intend to be admitted, enter, or are
already inside the United States, particularly those aliens coming from
regions or nations with identified security risks.'' \62\ On December
16, 2025, President Trump issued a new Presidential Proclamation
``Restricting and Limiting the Entry of Foreign Nationals to Protect
the Security of the United States,'' in which he determined to continue
to fully restrict and limit the entry of nationals from Somalia.\63\
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\60\ Restricting the Entry of Foreign Nationals To Protect The
United States From Foreign Terrorists and Other National Security
and Public Safety Threats, 90 FR 24497 (June 10, 2025).
\61\ Id.
\62\ Protecting the United States From Foreign Terrorists and
Other National Security and Public Safety Threats, 90 FR 8451 (Jan.
30, 2025).
\63\ Restricting and Limiting the Entry of Foreign Nationals to
Protect the Security of the United States, 90 FR 59717 (Dec. 19,
2025) (originally published Dec. 16, 2025).
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According to the Fiscal Year (FY) 2024 DHS Entry/Exit Overstay
Report, Somalia had a non-visa waiver program countries business or
pleasure visitors (B-1/B-2) visa overstay rate of 21.3% and a student
and exchange visitors (F, M, J) visa overstay rate of 25%.\64\ These
rates exceed by a large margin the global average overstay rates of
2.3% for B-1/B-2 visas and 3.2% for F, M, J visas--over nine times
higher for business or pleasure visitors and seven times higher for
student and exchange visitors.\65\ Somalia's visa overstay rates have
remained high compared to the global average from FY 2018 to FY
2024.\66\ Overstaying the authorized period of admission in
nonimmigrant status is a violation of U.S. immigration laws and
presents challenges for immigration enforcement and resource
allocation. Visa overstaying diverts resources from other critical
enforcement priorities such as addressing illegal border crossings. The
high-volume border environment under the previous administration, which
facilitated unauthorized entries, coupled with gaps in access to
verifiable information for Somali nationals, has left the United States
unable to adequately vet nationals from Somalia.
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\64\ U.S. Customs and Border Protection, Entry/Exit Overstay
Report, Department of Homeland Security (Jul. 16, 2025), https://www.dhs.gov/sites/default/files/2025-08/25_0826_cbp_entry-exit-overstay-report-fiscal-year-2024.pdf.
\65\ Id.
\66\ Id.
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There are well-documented concerns related to benefit fraud with
this population. Recently, the Department of Justice charged a
defendant with engaging in wire fraud as part of a $14 million autism
fraud scheme. Per the charges filed against the defendant, Asha Farhan
Hassan, she and her partners approached parents in the Somali community
to recruit their children into Smart Therapy and worked to get children
qualified for autism treatment regardless of need. Then, ``as a
recruitment tactic to drive up enrollment, Hassan and her partners paid
monthly cash kickback payments to the parents of children who enrolled
their children in Smart Therapy to receive autism services.'' \67\ In
2023, a couple pleaded guilty to their roles in a $250 million fraud
scheme that exploited a federally funded child nutrition program during
the COVID-19 pandemic. Per the Department of Justice, ``Ali and Hussein
enrolled their companies, Lido Restaurant and Somali American Faribault
Education (SAFE) respectively, in the Federal Child
[[Page 1552]]
Nutrition Program under the sponsorship of Feeding Our Future. After
enrolling, Hussein and Ali began submitting fraudulently inflated
invoices for reimbursement in which they claimed to be serving meals to
thousands of children a day.'' \68\ In 2024, three others, Haji Osman
Salad, Sharmarke Issa and Khadra Abdi, pleaded guilty to their roles in
the same $250 million fraud scheme that exploited a federally funded
child nutrition program during the COVID-19 pandemic. According to the
Department of Justice, ``between June 2020 through 2022, Salad falsely
claimed that Haji's Kitchen was a food vendor for more than 15 million
meals to various Federal Child Nutrition Program sites in Minnesota . .
. [a]ccording to court documents, Issa, the principal of Minnesota's
Somali Community and Wacan Restaurant LLC, fraudulently received
Federal Child Nutrition Program funds under the sponsorship of Sponsor
A and Feeding Our Future, respectively.'' \69\
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\67\ U.S. Department of Justice, ``Press Release: First
Defendant Charged in Autism Fraud Scheme'' (Sept. 24, 2025), https://www.justice.gov/usao-mn/pr/first-defendant-charged-autism-fraud-scheme-0.
\68\ U.S. Department of Justice, ``Press Release: Faibault
Couple Plead Guilty to Their Roles in $250 Million Feeding Our
Future Fraud Scheme'' (Jun. 6, 2023), https://www.justice.gov/usao-mn/pr/faribault-couple-plead-guilty-their-roles-250-million-feeding-our-future-fraud-scheme.
\69\ U.S. Department of Justice, ``Press Release: Three Plead
Guilty to Wire Fraud in $250 Million Feeding Our Future Fraud
Scheme'' (Sept. 20, 2024), https://www.justice.gov/usao-mn/pr/three-plead-guilty-wire-fraud-250-million-feeding-our-future-fraud-scheme.
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Fraud and misrepresentation with U.S. immigration petitions have
also been a concern. In 2017, DHS announced that it was seeking
denaturalization against four Somali nationals who engaged in fraud and
misrepresentation. In that case, Fosia Abdi Adan, a native of Somalia,
applied for and received a diversity visa and used her visa to
unlawfully obtain beneficiary visas for three aliens who she purported
to be her husband and children despite having no relationship to them,
and their using completely false identities.\70\ In July 2025, a Somali
national with familial ties to ISIS-Somalia was sentenced in federal
court for committing asylum fraud.\71\
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\70\ DHS, ``Denaturalization Sought Against Four Somalia-born
Individuals Who Falsely Claimed to be a Family and Were Admitted to
the United States on Diversity Immigrant Visas'' (Nov. 6, 2017),
https://www.dhs.gov/archive/news/2017/11/06/denaturalization-sought-against-four-somalia-born-individuals-who-falsely-claimed.
\71\ U.S. Department of Justice, ``Press Release: Somali
National with Familial Ties to ISIS-Somalia Sentenced for Committing
Asylum Fraud'' (Jul. 28, 2025), https://www.justice.gov/usao-sdca/pr/somali-national-familial-ties-isis-somalia-sentenced-committing-asylum-fraud-0.
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There are compelling foreign policy reasons for ending the
Temporary Protected Status designation for Somalia. In Executive Order
``America First Policy Directive to the Secretary of State,'' President
Trump declared ``from this day forward, the foreign policy of the
United States shall champion core American interests and always put
America and American citizens first.'' Moreover, it instructed ``as
soon as practicable, the Secretary of State shall issue guidance
bringing the Department of State's policies, programs, personnel, and
operations in line with an America First foreign policy, which puts
America and its interests first.'' \72\ In recent remarks, John Kelley,
a Political Counselor at the U.S. Mission to the United Nations stated
``[t]he United States remains committed to the fight against terrorism
in Somalia, but it is ultimately time for other partners with vested
interests in Somalia's security, stability, and future to increase
their financial contributions.'' \73\ In light of these directives and
statements, it is clear that ending Temporary Protected Status for
Somalia aligns with U.S. foreign policy by prioritizing American
interests and encouraging greater international responsibility.
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\72\ America First Policy Directive to the Secretary of State,
90 FR 8337 (Jan. 29, 2025).
\73\ U.S. Mission to the UN, ``Remarks at a UN Security Council
Briefing on Cooperation Between the UN and the African Union (AU),''
Oct. 7, 2025, https://usun.usmission.gov/remarks-at-a-un-security-council-briefing-on-cooperation-between-the-un-and-the-african-union-au/.
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In sum, the Secretary's decision to terminate the Temporary
Protected Status designation for Somalia is grounded in a comprehensive
assessment of national interest factors including public safety,
national security, immigration integrity, foreign policy, as well as an
analysis of the nature of the violence in the country today. The
significant change in armed conflict from the initial designation of
Temporary Protected Status for Somalia in September 1991 to the present
shows that violence no longer constitutes an ongoing armed conflict nor
does it fully prohibit Somali nationals from returning in safety.
Moreover, in light of the continued national security and public safety
risks combined with the fraud and foreign policy considerations, these
factors considered individually and cumulatively establish that Somalia
no longer meets the statutory basis for Temporary Protected Status.
DHS estimates that there are 1,082 \74\ current approved
beneficiaries under the designation of Somalia for Temporary Protected
Status. As of December 8, 2025, there are 1,383 total pending
applications for the designation of Somalia for Temporary Protected
Status.
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\74\ DHS, Office of Performance and Quality, estimate as of Dec.
8, 2025.
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Effective Date of Termination of the Designation
The Temporary Protected Status statute provides that the
termination of a country's Temporary Protected Status designation may
not be effective earlier than 60 days after the notice is published in
the Federal Register 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 Temporary Protected Status statute authorizes the Secretary, at
her discretion, to allow for an extended ``orderly transition'' period
with respect to the termination and the expiration of any Temporary
Protected Status-related documentation, such as EADs. The Secretary has
determined, in her discretion, that a 60-day transition period is
sufficient and warranted here given the Secretary's finding that
continuing to permit Somali nationals to remain temporarily in the
United States is contrary to the U.S. national interest. See INA sec.
244(d)(3), 8 U.S.C. 1254a(d)(3). Accordingly, the termination of the
Somalia Temporary Protected Status designation will be effective 60
days from this notice's publication date.\75\
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\75\ 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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DHS recognizes that Somalia Temporary Protected Status
beneficiaries under the designation continue to be employment
authorized during the 60-day transition period.\76\ Accordingly,
through this Federal Register notice, DHS automatically extends the
validity of certain EADs previously issued under the Temporary
Protected Status designation of Somalia through March 17, 2026.
Therefore, as proof of continued employment authorization through March
17, 2026, Temporary Protected Status beneficiaries can show their EADs
that have the notation A-12 or C-19 under Category and a ``Card
Expires'' date of March 17, 2023, September 17, 2024, and March 17,
2026.
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\76\ 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
Somalia Temporary Protected Status designation,
[[Page 1553]]
especially when considering whether to allow for an additional
transition period akin to that allowed under certain previous Temporary
Protected Status terminations. Temporary Protected Status, as the name
itself makes clear, is an inherently temporary status. Temporary
Protected Status designations are time-limited and must be periodically
reviewed, as frequently as every six months in some cases, and
Temporary Protected Status notices clearly notify aliens of the
designations' expiration dates. Further, 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)(A)-(B), (d)(3); 8 U.S.C. 1254a(b)(3)(A)-(B), (d)(3).
Notice of the Termination of the Temporary Protected Status Designation
of Somalia
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 Somalia;
(b) whether permitting nationals of Somalia (and aliens having no
nationality who last habitually resided in Somalia) to remain
temporarily in the United States is contrary to the national interest
of the United States; and (c) whether Somalia is experiencing ongoing
armed conflict that poses a serious threat to the personal safety of
Somali nationals. Based on my review, I have determined that Somalia no
longer continues to meet the conditions for Temporary Protected Status
under INA sections 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
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 Somalia for Temporary Protected Status is terminated
effective at 11:59 p.m., local time, on March 17, 2026.
(2) Information concerning the termination of Temporary Protected
Status for nationals of Somalia (and aliens having no nationality who
last habitually resided in Somalia) under the designation 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 also be published on the USCIS website at www.uscis.gov.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2026-00596 Filed 1-13-26; 11:15 am]
BILLING CODE 9111-97-P