The Trump administration’s battle to remove TPS

The Temporary Protected Status (TPS) is one of the immigration programs offered in the US. Broadly speaking, TPS offers protection against deportation to immigrants from countries that are going through natural disasters, armed conflicts, epidemics and other precarious situations that could put their lives at risk.

Immigrants have the possibility to apply for this humanitarian aid when they already reside in the US and must prove that they would face imminent danger if they return to their countries.

Adding to that, immigrants covered by TPS can apply for an Employment Authorization Document (EAD), as well as a travel authorization to leave the US when they need it.

Currently only 10 countries belong to the TPS program, for instance: El Salvador, Haiti, Honduras, Nicaragua, Syria, inter alia.

The current administration of the US, headed by President Donald Trump, has never fully agreed with TPS. In fact, the Trump administration has tried to remove it on several occasions, as other immigration programs such as the Deferred Action for Childhood Arrivals (DACA).

The fight between the Trump administration and immigrant rights advocates has led to multiple lawsuits and legal processes that ultimately reached a US court, which ruled in favor of the current administration’s ideal.

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Court rules in favor of the Trump administration and gives green light to remove TPS

The controversy surrounding TPS reached the Ninth Circuit Court of Appeals, which ruled in favor of the Trump administration’s request and allowed the removal of TPS.

The lawsuit stated that the Trump administration wanted to remove this immigration program based on racist arguments, which deny immigrants the possibility of requesting humanitarian protection through benefits such as TPS.

However, the court declares that there is not enough evidence to show that the Trump administration is using racist ideals to cancel TPS.

Therefore, with a total vote of 2 to 1, the court decided that the Trump administration has the possibility of removing TPS from programs offered to immigrants currently residing in the US.

It means that immigrants protected by this program, who currently number more than 300,000, must leave the country before the expiration of TPS, which will be in January 2021, or they could face deportation proceedings.

Do you need to request an adjustment of immigration status? Contact Motion Law.

What are the options if you are TPS beneficiary?

TPS beneficiaries do not have a clear path to apply for Legal Permanent Residence (LPR) or Green Card. However, the immigration system of the US offers a wide range of options that immigrants can use if they meet the mandatory requirements and if they are currently residing in the country.

In order to better understand the options you have, it is essential for you to seek guidance from experts, who will help you to objectively evaluate alternatives and choose the process that best suits your current immigration needs.

Motion Law’s team has helped many people in the same situation as you, has vast experience in multiple immigration scenarios and will surely help you find a viable path for you and your family in the shortest time possible.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.