Temporary humanitarian protection – TPS

The US, apart from being the destination of thousands of foreigners from all over the world, is also a country that has enough resources to open its doors to certain immigrant communities that urgently need international protection. In order to assist people who need it most, the local immigration system has a number of humanitarian programs available to these vulnerable populations.

One of the most important humanitarian alternatives in the US is a program called TPS (Temporary Protected Status), which offers relief from deportation to nationals of certain countries for a period of time established by the DHS (Department of Homeland Security). There are several things worth clarifying about this program:

• The DHS Secretary has the power and right to designate beneficiary countries for TPS and also to determine how long the permit will last. Nationals of these countries have the possibility to apply for TPS already within the US regardless of their immigration status, that is, if they have legal documentation or not.
• Being a temporary humanitarian program, countries designated for TPS are usually territories that go through risky or dangerous conditions such as ongoing armed conflict, epidemics, extreme weather conditions, inter alia.
• If DHS decides to extend TPS multiple times for designated countries, TPS beneficiaries can also reside in the US as long as the permit remains valid and active.
• TPS beneficiaries have the possibility of requesting an EAD (Employment Authorization Document), which is why they are currently part of all kinds of sectors in the local market and, during the last decades, have become essential workers.

Supreme Court recently clarified a national question about the TPS program

There are some countries designated for TPS that have had this protection in the US for decades because their conditions have not yet improved and could pose a threat to the integrity of deportees from North America.

Therefore, there have been multiple instances in which TPS beneficiaries have tried to access other immigration benefits such as Legal Permanent Residence through a Green Card application.

However, it is important to remember that, in many cases, TPS beneficiaries are people who entered the US without legal documentation or prior authorization, so their applications to become Lawful Permanent Residents (LPRs) have been denied.

In fact, the US Supreme Court recently intervened in a case where a TPS beneficiary applied for a Green Card and has resided in North America for decades, but entered the country irregularly. The Supreme Court’s arguments explain that the TPS program is a temporary humanitarian benefit, but that it does not exempt immigrants who were not legally admitted to the US from penalties.

TPS beneficiaries ask for permanent solutions after Supreme Court verdict

Following the Supreme Court’s opinion regarding TPS and Green Card applications, dozens of TPS recipients are asking the Biden administration to offer them permanent, or at least lasting, options to stay in the US without constantly fearing deportation.

However, it is important to clarify that, in order for the Biden administration to implement lasting policies and alternatives for TPS beneficiaries, it will need help from Congress to pass new legislation. The Supreme Court also stated that this is the only way to transform current guidelines.

Migrating legally is the best way to protect your future

As one might realize, irregular migration never brings positive repercussions and could become an immense burden in order to build the future that you have always dreamed of in the US. Therefore, it is better for you to seek reliable help from experts and always follow legal guidelines during your immigration journey.

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.