U.S. Department of Homeland Security extends temporary protected status for Sudanese foreign nationals

On July 9, 2011, after decades of fighting for independence, Sudan seceded in becoming the Republic of South Sudan. Within a background of increased oil production and discourse in politics, the process of splitting Sudan into northern and southern separate countries was endangered by fights over border claims on both sides.

The secession marked the end of a tumultuous climb. In 2010, the then ruler of Sudan, Omar Al-Bashir, was charged by the International Criminal Court with genocide, crimes against humanity, and war crimes for his role in the Darfur conflict. Shortly after, in January of 2011, almost 99% of southern Sudan voted to approve an internationally backed referendum to split from northern Sudan, essentially breaking the country’s bridge between the Arab and African world.

On October 13, 2011, the Secretary of Homeland Security determined that an extension of temporary protected status (TPS) for Sudanese foreign nationals was warranted because “the conditions in Sudan that prompted the TPS designation continue to be met. There continues to be a substantial, but temporary, disruption of living conditions in Sudan based upon ongoing armed conflict and extraordinary and temporary conditions in that country.” According to the Secretary, the country’s current conditions make it unsafe for Sudanese to return at the current time.

The Notice from the Secretary also allows for an extension of Employment Authorization Documents (EADs), limited to persons who previously registered for TPS under the designation of Sudan and whose registrations were approved or still pending. The Notice also extended the validity of current EADS for 6 months through May 2, 2012. The new EADs will have an expiration date of May 2, 2013.

The Secretary also issued, on October 13, 2011, TPS status for the newly formed Republic of South Sudan. Any persons qualifying under this category should apply for TPS status via the normal process through the USCIS.

Please note that the 180-day re-registration period begins October 13, 2011 and will continue through April 10, 2012.