Department of Homeland Security Secretary, Janet Napolitano, extended temporary protected status (TPS) for citizens of Sudan and designated the new nation of South Sudan for TPS. The previous designation of TPS for Sudan was set to expire on November 2, 2011. The extension and the new designation will be effective for 18 months from November 3, 2011 to May 2, 2013. 

The notice of extension, published in 76 Fed. Reg. 63635 (Oct. 13, 2011), states that Secretary Napolitano has determined that an extension is warranted because there continues to be a substantial disruption of living conditions in Sudan arising from the ongoing armed conflict and the situation prevents Sudanese nationals from returning to their home country safely.

The Immigration and Nationality Act under Section 244 empowers the Secretary of Homeland Security to designate a country for TPS due to the following temporary conditions in that country: ongoing armed conflict such as civil war; an environmental disaster such as earthquake or hurricane; or other extraordinary and temporary conditions. During such designation, nationals of the designated country cannot be removed from the United States; nor can they be detained by the Department of Homeland Security. They may apply and obtain employment authorization (“work permit”) and travel document. It is important to note that TPS by itself does not lead to a permanent resident status (“green card”).