On Monday, September 14, 2020, a panel of judges from the 9th U.S. Circuit Court of Appeals came to the conclusion that the Trump administration has the right to end the Temporary Protective Status for over 300,000 immigrants from El Salvador, Nicaragua, Haiti and Sudan. This means that 300,000 immigrants are at risk of deportation in 2021.
What is TPS?
Congress created TPS in the Immigration Act of 1990. It is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a work permit and stay of deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation.
For decades each administration has allowed and extended the TPS designation to individuals living in the United States from El Salvador, Nicaragua, Haiti, and Sudan due to the current country conditions. In doing so, immigrant families have been able to remain legally in the United States while establishing their lives and roots here. They have contributed to society and not to mention they have started their families here.
Now the question is, what happens next?
It is possible that the Trump administration may automatically deport those that have had a prior deportation order or have been detained at the border.
For those that have not been detained at the border nor have a prior deportation order, may be placed in removal proceedings before an immigration judge.
Another possibility is that a TPS beneficiary can possibly be eligible to apply for their residency (“adjustment of status”) via a child that is a United States Citizen, 21 years or older or are married to a United States Citizen spouse. They may be eligible only if they live in the 9th circuit or 6th circuit, which includes the following states: Alaska, Arizona, California, Guam, Hawaii, Kentucky, Michigan, Ohio and Tennessee.
If you have TPS and are from El Salvador, Nicaragua, Haiti, or Sudan, we recommend that you schedule a consultation with an experienced immigration attorney to determine how you can prevent your deportation.
At Franco Law Group, we have experienced attorneys that are ready to help. For the month of September we are offering free consultation for individuals that have TPS. Call us today at (213)200-1505 to schedule your appointment with one of our attorneys.