Congress needs to act quickly to pass legislation with a Path to Permanent Residency for TPS and DACA holders! If TPS and DACA holders are deported, families who have been in the U.S. for decades will be torn apart.
BREAKING NEWS: Monday, September 14, 2020: A panel of judges at the Ninth Circuit Court of Appeals voted 2-1 to lift a preliminary injunction and allow the Trump administration to end Temporary Protected Status (TPS) for more than 250,000 immigrants from Haiti, El Salvador, Sudan, and Nicaragua living in the U.S.
EBSC denounces this ruling and stands by all TPS holders in their fight for permanent residency.
What does the ruling mean for TPS holders?
• TPS holders should not panic – no one is getting deported right now – and a lot of things can still change.
• The Ninth Circuit ruling does NOT take effect immediately. New deadlines for the termination of TPS vary by country. For TPS holders from Haiti, Nicaragua, and Sudan, the soonest TPS could end is March 5, 2021; for nationals of El Salvador, the earliest is November 5, 2021.
• The ACLU is planning to appeal, which could result in further extension of these deadlines. The decision may go to the Supreme Court.
• Even upon a final ruling, there will be a period before implementation between 120-365 days for the different countries.
• This will ultimately be resolved by the federal election in November.
What can we do?
· US Citizens – Please urge the Senate to pass HR6 or similar legislation with a path to permanent residency for people with TPS.
· TPS Holders – If you have questions, please call our hotline or email email@example.com.
If your DACA is set to expire within 150 days, click here to make a phone appointment to renew your DACA.
September 14, 2020 – A panel of judges at the Ninth Circuit voted 2-1 to lift a preliminary injunction and allow the Trump administration to end Temporary Protected Status for more than 300,000 immigrants from Haiti, El Salvador, Sudan, and Nicaragua living in the United States. The case has been sent back to the lower court judge. Please stay tuned for updates to this page.
August 31, 2020 – U.S. Citizen and Immigration Services (USCIS) released a cruel memo that changes more than a decade of immigration policy concerning Temporary Protected Status (TPS) beneficiaries and their families. With this new policy, families are denied the right to remain together. U.S. citizen children and spouses are no longer able to provide relief to their TPS loved ones.
• TPS beneficiaries who have traveled with advance parole and seek to change their immigration status are affected.
• The original point of entry is central to whether or not a TPS beneficiary can adjust their immigration status. Generally, if the first point of entry was without documentation, a TPS beneficiary cannot adjust their status. If the point of entry was with inspection at a border/airport/port of entry, a TPS beneficiary may adjust their immigration status if an immediate relative petition is filed for them.
• If a TPS beneficiary travels with advance parole, when they return to the United States, their TPS status remains still intact.
• Although traveling with advance parole allows a TPS holder to re-enter the US, this only applies if they do not have any criminal history and they are not a threat to national security—e.g. if the person was arrested for a serious crime, upon returning to the US they could be refused entry.
• The policy comes into effect after August 20, 2020.
If you have TPS, please seek legal help to see how the memo affects your case.
Call the EBSC hotline: 510-646-8484 – COVID-19 hours: M,T,W,F 10am-12pm
July 28, 2020 – The Trump administration announced that it will reduce protections for DACA holders and reject certain applications while it conducts a legal review after the Supreme Court ruling on June 18. The administration says it will limit renewals to one year rather than two, reject initial requests and application fees for new filings, and reject all applications for advance parole except under “extraordinary circumstances.” Stay tuned for updates and challenges to this decision.
what is tps?
Temporary Protected Status (TPS) is a provisional designation granted to immigrants in the U.S. who cannot return to their home countries due to violence, natural disasters, epidemics, or other extraordinary circumstances. Since the early 1990s, TPS has allowed holders to legally work in the U.S. Many have been in the country for decades due to multiple extensions.
What is DACA?
Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy created in 2012 that provides temporary relief from deportation and work authorization to certain young undocumented immigrants brought to the U.S. as children. DACA has enabled almost 800,000 eligible young adults to work lawfully, attend school, and plan their lives without the constant threat of deportation, usually to an unfamiliar country. Unlike federal legislation, however, DACA does not provide permanent legal status and must be renewed every two years. In 2017, the Trump administration rescinded the 2012 DACA memorandum and announced a “wind down” of DACA. On January 9, 2018, a federal judge blocked the administration’s termination of DACA. The U.S. Supreme Court is due to rule soon on President Trump’s 2017 order.
- TPS Postcard Campaign
- TPS Informational Flyer
- Congress: Pass These Laws to Protect TPS and DACA!
- Lives in the Balance: TPS and DACA Testimonies
- TPS/DACA Campaign Summary
- Op-Ed: Why We Must Fight to Save TPS (February 1, 2019)
- Op-Ed: I Visited Congress, and This is What I Learned
take action now!
- Contact your Senator: 202-224-3121, or visit https://www.senate.gov/senators/contact
Let your Senator know that you are a constituent and that “I support a path to permanent residency for all TPS and DACA holders.”
- Join EBSC’s social media networks. Share accurate news and articles so more people are informed of the detrimental impact of these attacks on asylum law.
- Support EBSC by volunteering or donating – your support matters!