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DHS Extends TPS and Work Authorization Until October 4, 2021!
On December 9, 2020, the Department of Homeland Security (DHS) issued a notice temporarily extending work authorization for TPS holders from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through October 4, 2021, while litigation is pending. This means that TPS holders from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal are able to continue to legally work in the U.S. even if their work permits have a date on them that has already expired.
What is Happening with the Pending Ramos Court Case?
The Trump Administration has attempted to terminate TPS for a number of countries affecting the immigration status of hundreds of thousands of immigrants. On September 14, 2020, a federal court of appeals ruled in favor of the Trump Administration and reversed a court order in the Ramos v. Nielsen lawsuit that had stopped the termination of Temporary Protected Status (TPS) designations for El Salvador, Haiti, Nicaragua and Sudan. The same court order stopped the government from deciding to terminate TPS for Honduras and Nepal. The Ramos lawyers have challenged the decision, asking the Court for a re-hearing on the case and have announced that they will appeal this decision to the U.S. Supreme Court, if necessary. As such, for now, the Court’s September 14, 2020 decision is not final.
How Could the Ramos Court Case Affect DHS’ Extension of TPS?
Current TPS holders will be able to retain their legal status and work authorization either until October 4, 2021 or until the Court issues a final decision in the Ramos case. Still, the federal government has told the court that it will give TPS holders at least 120 days notice from the effective date of the court order, except for nationals of El Salvador who will be given up to 12 months, before their TPS status is terminated. As such, even if the court were to issue a negative decision on TPS today, for example, TPS would remain in effect for Haiti, Nicaragua, Sudan, Honduras, and Nepal at least until April 6, 2021 and for El Salvador at least until December 7, 2021. It could be longer than that depending on the length of the appeals process and when the final order is handed down. The timing for terminations could also be affected by litigation in other cases. *Note that TPS for Haitians also remains in place because of a court order in a case called Saget v. Trump.
For Now, TPS Remains in Effect for All Affected Countries!
While the Ramos Court Case is pending, work authorization for TPS holders from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal is valid through October 4, 2021.
TPS Holders Should Still Prepare for Termination of TPS
TPS holders must immediately prepare for the termination TPS. It is important for individuals in TPS status to investigate whether they may be eligible for any other type of immigration relief and, if not, to explore their options affecting everything from mortgages to family arrangements. Online tools are available to help find a path that’s right for you and to make a plan.
On January 3, 2020, the Department of Homeland Security (DHS) extended the TPS designation for Yemen for 18 months through September 3, 2021. We will provide more information once the extension and information concerning re-registration is published in the federal register. For now, the good news is that people in TPS status from Yemen continue to have protection from deportation and are authorized to work through September 3, 2021.
1. What is TPS?
TPS, or Temporary Protected Status, allows people from certain countries to live and work in the United States during a humanitarian crisis in their home countries.
2. What type of humanitarian crisis would lead to TPS?
Here are some reasons the Secretary of Homeland Security (DHS) can authorize TPS for countries:
- Armed conflict, such as civil war, threatening people’s safety
- Environmental disasters such as a hurricane or earthquake that disrupts living conditions
- Extraordinary and temporary conditions in the country that prevent the safe return of the population
3. How long are TPS grants?
The Secretary of DHS can authorize TPS for6, 12, or 18 months at a time. This authorization can be extended or terminated.
4. How many people have TPS?
It’s estimated, as of September 2017, that over 320,000 peoplein the U.S. have TPS.
5. Who are the people who have TPS?
People with TPS are essential workers who have lived and worked in the U.S. for years and even decades. Many people with TPS work in construction, the hotel and restaurant industry, landscaping and childcare. Many also operate their own businesses. About 100,000 TPS holders live in homes that they own and pay mortgages to U.S. banks
6. What ties do TPS holders have to the U.S.?
TPS holders from El Salvador, Honduras and Haiti have about 273,000 U.S. citizen children. Also 10% of the Salvadoran TPS holders are married to a legal resident of the U.S.
7. Which countries have TPS?
8. What are the requirements to receive TPS?
- Arrived in the U.S. and continued to live in the U.S. since a specific date;
- Filed an application with a filing fee and passed security and criminal checks.
9. What would be the economic impact on the U.S. of ending TPS?
According to an April 2017 study, ending TPS would cause a reduction of $45.2 billion to the U.S. Gross Domestic Product (GDP) and a $6.9 billion reduction in Social Security and Medicare contributions over the next decade. Ending TPS would also cause employers to face approximately $967 million in the turnover costs of replacing and training laid off TPS holders.
10. Why should we keep fighting to preserve TPS?
TPS offers humanitarian protection to people unable to return to their home countries due to natural disasters, war and other extraordinary situations. Providing this protection is a moral imperative. While preserving TPS brings economic benefits to the U.S., it would also allow American families to stay together--U.S. citizen children would remain with their parents and grandparents.
Source: Catholic Legal Immigration Network, Inc.
Temporary Protected Status (TPS) allows people from certain countries to live and work in the United States for a temporary period of time. TPS does not lead to permanent immigration status in the United States. In the past, people granted TPS often have been allowed to extend their TPS status every 18 months. However, the Trump administration has voiced its intent to limit TPS extensions.
While we continue to fight for TPS extensions, it’s important to consider whether you might qualify for another type of immigration status. Now is the time to look into whether you qualify.
It is important that you consult with a reputable legal services provider as soon as possible. iAmerica has a list of legal services providers. Make sure you find a trustworthy legal services provider.
I have TPS now. Can I apply for another type of immigration status?
Yes. Many people who have TPS are eligible for other types of immigration status and benefits. If you are interested in looking into whether you qualify for other types of immigration status during the time that you have TPS, it’s important to seek the assistance of a reputable legal services provider. iAmerica has a list of legal services providers.
How do I know if I qualify for other types of immigration status?
To get a general idea of some of the requirements for other types of immigration benefits, use iAmerica’s checklist of eligibility requirements for various types of immigration status. This is not a complete list and it’s important to check with a reputable legal services provider to learn whether you qualify for another type of immigration status.
Is there a deadline to apply for other types of immigration status?
It is important to apply for another type of immigration status as soon as possible. If you currently have TPS, you will be “in status” until the date TPS expires. In many cases, being “in status” will help you when you apply for another type of immigration status.
Don’t forget, filing for another immigration status now while you have TPS may allow you to take advantage of other immigration benefits in the future and preserve your ability to live and work in the United States.
This checklist is a partial list of possible immigration options.
You may be eligible for immigration benefits that will allow you to stay in the U.S. Check all the boxes that apply to you and then contact a legal services provider.
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Having a family safety plan is a good idea under any circumstance. In case of an unfortunate event that a love one is detained or deported, you can protect your family by having a plan. This tool can help you prepare your family, manage your property and make arrangement for your debts. It’s always better to have a plan and not use it than to be unprepared.