What You Need to Know About Your Immigration Status

During the fall of  2017, the Department of Homeland Security (DHS) announced they will no longer support Temporary Protected Status (TPS) designation for people from Haiti, Nicaragua, and Honduras.

The team of immigration lawyers at the Law Offices of Diron Rutty, LLC, is here to explain a little bit more about TPS and what the revocation of it means specifically for the people residing in New York from Haiti, Nicaragua, and Honduras.

WHAT IS TEMPORARY PROTECTED STATUS?

Temporary Protected Status is an immigration policy that temporarily shields illegal immigrants from deportation if their native countries are stricken by calamities, such as a natural disaster, epidemic, civil war, or other extraordinary but temporary conditions. It is a form of citizenship that is not permanent, but it allows these people to be legally allowed to be in the United States.

People who are able to live in the U.S. under TPS do not have the same rights as a naturalized citizen, but they are granted some security:

• TPS designees may not be removed from the United States
• TPS designees can obtain an employment authorization document (EAD)
• TPS designees may be authorized to travel

ARE YOU ELIGIBLE FOR TPS?

Temporary Protected Status (TPS) allows individuals from certain countries to remain in the United States if it is unsafe for them to return to their home country. This can be due to humanitarian emergencies like armed conflicts or natural disasters. To be eligible for TPS in New York City (or anywhere in the U.S.), applicants must meet the following criteria:

1. Country Designation: The applicant must be from a country currently designated for TPS by the U.S. government.
2. Continuous Residence: The applicant must prove they have lived continuously in the United States since a date specified by the federal government for their country.
3. Registration and Re-registration: Applicants must register during the initial registration period or meet late initial filing requirements. If TPS is extended for their country, they must re-register to maintain their status.

TPS recipients receive lawful work authorization and protection from deportation as long as the designation is in effect.

HOW DID THE TRUMP ADMINISTRATION CHANGE TPS?

The Trump Administration significantly altered the Temporary Protected Status (TPS) program in the United States, leading to the most rapid loss of legal status for immigrants in recent history. Key changes include:

1. Mass Terminations: TPS was terminated for over  1 million immigrants from 11 countries, including Haiti, Venezuela, Honduras, and Syria. This resulted in the loss of work authorizations and deportation protections for affected individuals.
2. Economic and Community Impact: The revocation of TPS protections caused ripple effects in industries like construction and healthcare, as many TPS holders were integral to these sectors. Financial professionals suggest an estimated $14 billion contraction in the economy was due to the removal of TPS protections for Haitians and Venezuelans alone.
3. Legal Challenges: Numerous lawsuits were filed by immigrant rights groups and TPS recipients, challenging the legality of these terminations. However, the Supreme Court allowed the administration to proceed with stripping protections, even as lower courts questioned the legality.
4. Humanitarian Concerns: The administration’s actions left many TPS holders in legal limbo, with some facing deportation to countries deemed unsafe. Advocacy groups criticized the administration for undermining a program designed to provide humanitarian relief.

These changes marked a stark shift in U.S. immigration policy, with widespread implications for affected individuals, their families, and the broader economy.

TPS HOLDERS: WHAT TO DO IF YOUR TPS IS ABOUT TO END

Currently, 10 countries are designated for TPS. Citizens from El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen are permitted to come to the United States under TPS. However, DHS recently announced that Haiti, Honduras, and Nicaragua will be removed from this protected status soon. The TPS designation for Nicaragua expired in January of 2019, and it expired for Haiti and Honduras in July of 2019.

People from Honduras, Nicaragua, and Haiti who live in the United States right now because of the TPS designation need to take immediate action if they want to stay in the U.S. following the termination of the TPS status.

Meet with an immigration lawyer to discuss your specific case, but you will likely be able to apply for lawful permanent resident status in a few different ways:

• Applying for nonimmigrant status
• Filing for adjustment of status based on an immigrant petition
• Applying for any other immigration benefit or protection for which you may be eligible

TPS BENEFICIARIES: CONTACT THE LAW OFFICES OF DIRON RUTTY, LLC, TODAY

We serve immigrants in New York with a variety of legal services. We can help with anything related to immigration law, such as the next steps to take if your TPS designation is about to be terminated. Our team of lawyers is compassionate, realistic, and straightforward. We know the ins and outs of current immigration law and can help you build the strongest case to achieve the best possible outcome.

The Law Offices of Diron Rutty, LLC, has been serving New York for more than 20 years. We have offices in The Bronx and Poughkeepsie. Contact us today to learn more about how we can help you. Schedule a consultation by filling out the form below.