Temporary Protected Status (TPS) is an immigration status that prevents the deportation of foreign nationals who were in the United States at the time of a natural disaster, outbreak of war, or other extraordinary situation in their home countries. The program was established nearly 30 years ago as part of the Immigration Act of 1990. TPS designation is subject to the review of the government every 18 months. The Trump administration decided not to renew TPS protections for several countries, including El Salvador, Haiti, Sudan, and Nicaragua. The ending of TPS for these countries would usually mean that their nationals need to leave the United States within 18 months of losing protected status.
That 18 month time period is now on hold after a federal judge in California issued an injunction against the end of TPS after finding that the Trump administration lacked any justification for ending the program. Finding that discrimination appeared to be a motivating factor for ending the protections, the judge pointed out that ending TPS with discriminatory intent is a violation of the U.S. constitution’s equal protection mandate. The federal judge did not rule on the merits of the case, but found enough evidence to place the planned end of the protections on hold while the case proceeds through the courts.
The story of TPS will continue to develop over the next few months. Read the full news story here.
The Law Offices of Scott Warmuth helps clients with temporary protected status seek permanent residence in the United States. For a free immigration consultation, call us today at 888-517-9888.