Sql_server: For those of you who might be thinking -..

Posted by: Sql_server June 12, 2025

🛡️ Nepal TPS Holders: Don’t Panic About August 5 — DHS Screwed Up (Maybe on Purpose)

For those of you who might be thinking -- The government already gave 60 days' notice, so no court can issue injunction, it's over! Here’s How to Debunk It — Point by Point

🟥 1. The Law Requires 60 Days Before Expiration, Not Termination INA §244(b)(3)(B): “At least 60 days before the expiration of a designation… the Secretary shall determine whether the conditions... are met and shall publish notice in the Federal Register.”

Key legal point:

👉 The 60-day deadline is triggered by the scheduled expiration date of TPS, not the new termination date DHS picks.

📌 For Nepal:

Scheduled expiration: June 24, 2025,
Required publication deadline: April 24, 2025
DHS published: June 6, 2025

➡️ Too late. Statutory violation.

🟥 2. The “60 Days from Publication” Argument Has Already Been Rejected

In past TPS litigation (e.g., Ramos v. Nielsen), courts looked unfavorably on DHS trying to play procedural games.

Adding 60 days from the publication date:

Does not cure the missed deadline
Violates plain statutory text
Undermines congressional intent: give TPS holders time to prepare, relocate, or adjust

🟥 3. If DHS’s Logic Were Allowed…

Then DHS could publish 1 day before expiration and say:

“No problem, termination takes effect 60 days later.”

That would make the whole statutory deadline meaningless. Courts are unlikely to let the government erase the deadline with semantic tricks.

Disclaimer: I’m not an attorney. This material is for general information only and shouldn’t be taken as legal advice for your specific situation. Laws change and every case is different, so always consult a licensed immigration lawyer before making any decisions. I don’t accept any liability for actions taken or not taken based on what you read here.

Last edited: 12-Jun-25 10:07 AM

Last edited: 12-Jun-25 10:19 AM

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