ALLAN WERNICK: What you should know about Trump’s end to the Temporary Protected Status program
If you have Temporary Protected Status (TPS), stay calm. Despite a U.S. Court of Appeals decision allowing President Trump to end the program, TPS will remain until after the presidential inauguration in January. (Damian Dovarganes/AP)
If you have Temporary Protected Status (TPS), stay calm. Despite a U.S. Court of Appeals decision allowing President Trump to end the program, TPS will remain until after the presidential inauguration in January.
By then, we may have a different president who
will protect TPS holders. In any event, it won’t be easy to deport TPS holders. Here’s what you need to know about TPS:
- What is TPS?
- Temporary Protect Status (TPS) is granted by the U.S. Department of Homeland Security to immigrants from countries where natural disaster, armed conflict, or “extraordinary and temporary conditions” makes it unsafe for their return. TPS allows individuals to live and work in the United States no matter their legal status. They also qualify to return after travel abroad.
- What was the Federal Court ruling?
- The Court ruled that the Trump administration was within its rights to end TPS for nationals of El Salvador, Haiti, Nicaragua, and Sudan. Trump is also trying to end TPS for nationals of Honduras and Nepal. A separate lawsuit is currently challenging the administration’s policy regarding those two countries. It is expected that TPS advocates will file further appeals.
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- Does the Court of Appeals decision mean that I have lost my TPS?
- No. TPS for nationals of El Salvador, Haiti, Nicaragua, and Sudan should remain in place for at least 120 days. For nationals of El Salvador, TPS won’t end until at least a year from the court’s ruling.
- If Trump gets reelected and continues to win in court, will I be deported immediately?
- For most people with TPS, the answer is no. Unless an immigration judge has already ordered your deportation, you have a right to a deportation hearing, and to appeal a negative decision. That process takes several years.
Some TPS holders will have a defense to deportation such as asylum. If you have been here 10 years and have a U.S. citizen or permanent resident spouse, parent, or child, an immigration judge might grant you a cancellation of removal green card.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, via email to email@example.com. Follow him on Twitter @awernick
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