🚨 DHS Missed the Legal Deadline — And That Matters

Under U.S. law (INA § 244(b)(3)(B)), DHS is required to:

• Review and decide on TPS at least 60 days before the expiration date

• Publish that decision in the Federal Register at least 60 days before expiration

But here’s what actually happened:

• Nepal TPS was set to expire on June 24, 2025

• DHS published the termination notice on June 6, 2025

• That’s just 18 days before expiration — not the required 60

🟥 That’s a violation of federal law. And when that happens, the law clearly says TPS gets automatically extended for 6 months.

❗ That means TPS for Nepal should now be extended to December 24, 2025

🧠 Did DHS Do This on Purpose?

Here’s where it gets political. And sketchy.

There’s strong reason to believe DHS deliberately missed the deadline. Why?

• DHS has experienced attorneys and staff who track TPS deadlines. They know the law.

• Missing the 60-day publication rule by 43 days isn’t just sloppy. It looks intentional.

• This could be a calculated move to:

  • Look tough on immigration for MAGA voters

  • Trigger a lawsuit (which is likely)

  • Let the courts block the termination

  • And DHS gets to say: “Hey, we tried — but the courts stopped us.” 😏

It’s a classic political trick: sabotage your own paperwork, get credit from hardliners, and let the courts clean up the mess. Everyone saves face.

⚖️ Legal Challenge Incoming

No lawsuit has been filed yet for Nepal TPS — but one is likely coming soon.

Groups like the ACLU, National TPS Alliance, and UCLA Law have already sued before and won. Expect them to argue that:

• DHS broke the law by failing to publish 60 days before June 24

• Therefore, Nepal TPS must be auto extended to December 24, 2025

• And any termination before that would be invalid

Courts have blocked TPS terminations before (Ramos v. Nielsen, Bhattarai v. Nielsen). It can happen again.

⚠️ Don’t Get Too Comfortable

Yes — things look good for now. But DHS could try again.

If they publish a new notice by October 24, 2025, following all the proper steps this time, they could legally terminate TPS on December 24.

That means:

🚨 If you’re eligible for a green card, this is your window.

✅ What You Should Be Doing Right Now

If any of the following applies:

• You’re married to a U.S. citizen

• You have an approved I-130 or I-140

• You qualify under 245(i), or

• You re-entered using Form I-512T

Then you might be eligible to file for adjustment of status (AOS).

🧠 Pro Tip: Traveling on I-512T gives you an "admission" under immigration law — which is what you need to file AOS, even if you originally entered without inspection.

🧭 TL; DR

FACT	STATUS
DHS was supposed to publish TPS termination by April 24	❌ They missed it
TPS auto-extends by 6 months under law	✅ Yes — to December 24, 2025
Was the late publication a setup?	🤔 Looks like it
Will there be a lawsuit?	💯 Very likely — and courts may block termination again
Should you rely on TPS forever?	❌ Nope — file for a green card if you can

This is the time to make smart moves. TPS has always been a temporary safety net. If AOS is on the table for you, don’t sit on it. Use this delay to secure something permanent.

✊ Stay informed. Stay ready. Stay legal.

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.