TPS: Origins and Updates
TPS: The Origins
The 1967 United Nations Protocol Relating to the Status of Refugees established for its state parties what is known as the principle of nonrefoulment, “which asserts that a refugee should not be returned to a country where he/she faces serious threats to his/her life or freedom.” The United States, as a member state, agrees to this customary principle of International Law and has made provisions to reflect this commitment in its immigration policies. It does so most notably in its embrace of Asylees and Refugees, however, for many who find themselves outside of the narrow asylee/refugee criteria, but still have serious safety concerns about returning to their countries, there are at times other types of relief. One of the most hotly debated of late is TPS (Temporary Protected Status). TPS, like asylum, stems from the principle that it is inhumane, and really a human rights violation, to send people back to countries where they may face imminent harm.
TPS was included within the Immigration Act of 1990 adopted by Congress. It specifies that the Secretary of Homeland Security can designate particular countries due to conditions temporarily preventing the safe return of its citizens such as:
- natural disaster
- ongoing armed conflict or
- other extraordinary conditions preventing the country from handling the return of its citizens.
About TPS
Status can be granted 6-18 months and can be extended if the conditions that gave rise to TPS continue. TPS beneficiaries can receive employment authorization, travel permission and are not removable from the United States during the TPS designation period. It’s important to note that TPS is not a pathway to Permanent Resident Status, but its beneficiaries can still:
- Apply for a nonimmigrant visa
- Apply for any other immigration benefit for which he/she is eligible
- File for Adjustment of Status based on another immigration petition
What countries get TPS?
Currently, ten countries are designated: El Salvador, Haiti, Honduras, Nepal, Nicagua, Somalia, Sudan, South Sudan, Syria and Yemen.
Of course, the list is ever changing as a result of fluctuating country conditions and TPS’s discrectionary nature. The question of what countries should be eligible for TPS is hotly debated as is the possibility of providing a pathway to Legal Permanent Residency for those who have lived in the U.S. under TPS for several years and have strong ties, including U.S. citizen family members.
What’s the latest?
Recently, TPS expired for Guinea, Liberia and Sierra Leone, but certain Liberians are now protected under DED (Deferred Enforced Departure).
On Sept. 17, the Secretartary of DHS announced plans to end TPS for Sudan on November and extending South Sudan designation until May 2, 2019. Other changes include the decision to terminate TPS designation for Haiti and Nicaracua with delayed effective dates of July 22, 2019 and January 5, 2019 respectively.
For more information on TPS, take a look at this nice piece published by the American Immigration Council.
Questions?
If you have questions about your TPS status, filing for adjustment of status while in TPS status, or applying to change your status, feel free to give us a call at (303) 872-6985.
Photo by Rafał Malinowski on Unsplash