Recent changes to U.S. Citizenship and Immigration Services policy make it increasingly difficult for many TPS beneficiaries to adjust status through family-based petitions. This practice advisory reviews these policy changes as well as options for adjustment that may be available to help certain TPS beneficiaries adjust status, even if they initially entered the United States without inspection.

On June 18, 2020, the U.S. Supreme Court issued a decision in Dep’t of Homeland Sec. v. Regents of the Univ. of California, 140 S. Ct. 1891 (2020) holding that the Trump administration’s effort to end DACA had not complied with the requirements of the Administrative Procedures Act. As a result, the Supreme Court upheld a lower court ruling issuing an injunction against the DACA rescission and remanding the case for further proceedings.

The current 18-month grant of Temporary Protected Status for South Sudan will expire on Nov. 2, 2020, unless extended by the secretary of Homeland Security. By statute, the DHS secretary must decide whether to extend and/or redesignate or terminate TPS for South Sudan by Sept. 3, 2020.

This digest tracks DACA developments in reverse chronological order. This resource will be updated regularly.

On June 15, 2020, the Department of Homeland Security and the Executive Office for Immigration Review issued a Notice of Proposed Rulemaking, or NPRM, attempting to eliminate asylum for the most vulnerable of asylum seekers. This massive rule would essentially abolish the asylum system in violation of international and domestic law.

The Supreme Court decision on June 18, 2020, in Dep’t of Homeland Sec. v. Regents of the Univ. of California has given DACA recipients a reprieve from the Trump Administration’s efforts to end the program. Nonetheless, until Congress acts to provide permanent status for those with DACA, it is important for practitioners representing DACA recipients to consider permanent relief options in each DACA client’s case.

The Supreme Court decision on June 18, 2020, in Dep’t of Homeland Sec. v. Regents of the Univ. of California has given DACA recipients a reprieve from the Trump Administration’s efforts to end the program. Nonetheless, until Congress acts to provide permanent status for those with DACA, it is important for practitioners representing DACA recipients to consider permanent relief options in each DACA client’s case.

Given the uncertain future of the DACA program, it’s critical to screen recipients for all other forms of immigration relief. Is the client potentially eligible for a more permanent immigration benefit, either affirmatively or defensively if in removal proceedings? Even if a client was thoroughly screened prior to applying for DACA initially, changes in personal circumstances or immigration policy may mean that a new form of relief is now available. This advisory reviews some of the most common forms of relief that may apply to DACA recipients.

In April 2020, 69 organizations, led by CLINIC, sent a letter to DHS and USCIS urging the extension of the re-registration period and work permits for TPS holders from Yemen and Somalia in light of COVID-19

CLINIC submitted comments on April 23, 2020, opposing the Department of Health and Human Services' Interim Final Rule, or IFR, outlining the procedure by which the Centers of Disease Control, or CDC, may "suspend the introduction of persons from designated countries or places, if required, in the interest of public health." CLINIC's comment calls upon the U.S. government to rescind this IFR and proclamation and end this unprecedented restriction on seeking asylum at the border.

The Board of Immigration Appeals issued a decision where it concluded that an asylum seeker’s willingness or reluctance to accept an offer for permanent residence does not negate a firm resettlement finding.

This report documents the clear and urgent need for Venezuela to be designated for Temporary Protected Status, or TPS. The report contains an overview of the law, current country conditions, and why TPS is both a necessary humanitarian response to the crisis in Venezuela and in the U.S. national interest.

The termination date of DED for Liberia has been postponed until Jan. 10, 2021. A Federal Register Notice granting an automatic extension of work authorization was published on April 7, 2020.

On Jan. 22, 2020, the Board of Immigration Appeals issued a decision in Matter of Angel MAYEN-Vinalay, 27 I&N Dec. 755 (BIA 2020) concerning requests for continuances by applicants for “collateral relief” pending with United States Citizenship and Immigration Services who are also in removal proceedings. In this decision, the BIA held that a noncitizen’s prima facie eligibility for U nonimmigrant status, and whether that relief will materially affect the outcome of proceedings, are not dispositive, particularly where there are relevant secondary factors that weigh against a continuance.

Without warning, USCIS stopped accepting non-military deferred action requests on Aug. 7, 2019. In conjunction with many other organizations, CLINIC submitted a letter on Sep. 4, 2019, to urge Acting Director of the USCIS, Ken Cuccinelli, to reverse this policy.

Syria received an 18-month extension of its Temporary Protected Status, or TPS, designation from Oct. 1, 2019 to March 31, 2021. To maintain TPS through the 18-month period, Syrian TPS holders will need to re-register during the 60-day re-registration period, which runs from Sept. 23 to Nov. 22, 2019.

On Sept. 11, CLINIC submitted a statement for the record for the House Oversight Committee’s hearing, “The Administration’s Apparent Revocation of Medical Deferred Action for Critically Ill Children," examining the impact of the Trump Administration’s decision to end consideration of non-military deferred action requests, including for children with critical illnesses.

For Immediate Release: July 19, 2019
Contact: Jose Magaña-Salgado at jose@masadc.com
Joint Press Release by: Alianza Americas, CARECEN DC, CARECEN San Francisco, Centro Presente, CLINIC, Florida Immigrant Coalition and Win Without War

This collection of stories illustrates why TPS for Venezuela must be designated now. Use for outreach to lawmakers and raising awareness in your networks and community. 

Update: On June 28, 2019, the U.S. Supreme Court agreed to review three of the below legal challenges - Regents of the University of California v. DHS, Batalla Vidal v. Nielsen, and NAACP v. Trump. Oral arguments are scheduled for November 12, 2019.

This guide provides attorneys and fully accredited representatives with strategies and best practices for representing asylum seekers with in absentia removal orders.

In April 2019, CLINIC sent a letter to USCIS with recommendations regarding ongoing TPS implementation issues and Ramos v. Nielsen. On May 24, 2019, CLINIC received this response.

CLINIC submitted a letter to USCIS Director Cissna on May 16, 2019 with recommendations to address and correct its erroneous rejection of Forms I-765 filed by Liberian DED holders. In summary, CLINIC recommends that USCIS should: automatically extend all Liberian DED holders EADs for the 12-month DED period; conduct outreach to ensure the Liberian community has accurate information; and investigate the root causes of the error, make its findings available to the public, and take corrective action to avoid replication.

On Jan. 23, 2018, Church World Service and CLINIC delivered a letter to the administration signed by nearly 300 faith leaders and organizations from across traditions in support of Syrian TPS holders. The letter calls on Secretary Nielsen to extend TPS for Syria for 18 months and to redesignate in order to protect more Syrians in need.

CLINIC sent a letter to USCIS Director Cissna on April 26, 2019, regarding recommendations to mitigate harm TPS holders are experiencing due to systemic issues at USCIS as well as steps USCIS should take to ensure that TPS holders under the Ramos v. Nielsen preliminary injunction are able to maintain their TPS benefits.

CLINIC’s policy brief documents the Trump administration’s failure to redesignate Teporary Protected Status for any country, most notably for three war-torn countries—Yemen, Syria and South Sudan—which had received redes­ignations and 18-month extensions in every previous TPS decision. The failure to redesignate raises serious legal questions as to whether the administration employed the proper legal analysis and procedure in these and any of its TPS decisions.

In March 2019, more than 215 national, state, and local organizations sent a letter to DHS requesting an immediate designation of TPS for Venezuela. In April 2019, DHS sent this response.

On April 2, 2019, CLINIC sent a letter to DHS Secretary Nielsen and USCIS Director Cissna registering concerns with ongoing Federal Register Notice delays for Temporary Protected Status, or TPS, and the resulting consequence to TPS holders and their families. The letter also included recommendations for the forthcoming Federal Register Notice for the 12-month postponement of the termination of Deferred Enforced Departure for Liberia.

Every time the Department of Homeland Security (DHS) announces the extension of the TPS designation for a particular country, TPS recipients from that country must apply to re-register. Check out CLINIC's answers to frequently asked questions on late re-registration for TPS.

This resource provides a brief overview of the numerous court cases challenging the Trump administration’s decisions to terminate TPS and DED for seven countries and their possible outcomes. It also explains that, while some of these cases may provide temporary injunctive relief, there is an urgent need for permanent solutions for TPS and DED holders that only Congress can provide.

Signed Court order outlining the steps that DHS will take to temporarily continue TPS for Nepal and Honduras

More than 215 national, state, and local organizations in the areas of immigration, civil rights, human rights, labor, faith, and education called on the U.S. Department of Homeland Security (DHS) Secretary Kirstjen Nielsen to immediately designate Venezuela for Temporary Protected Status (TPS). TPS is a humanitarian protection provides employment authorization and protection to deportation to immigrants who cannot be safely returned to their country.

On Feb. 12, 2019, CLINIC and Church World Service delivered a letter signed by more than 300 faith leaders and faith-based organizations from across traditions urging the administration to grant an 18-month extension and to redesignate TPS for South Sudan, demanded by ongoing armed conflict and humanitarian crises in the country.

Gibson, Dunn, and Crutcher, LLP, represented CLINIC on an amicus brief in support of the plaintiffs-appellees in Inland Empire – Immigrant Youth Collective, et al., v. Kirstjen Nielsen, et al. The plaintiffs-appellees challenge the government’s unlawful termination of their DACA without process on behalf of a class of DACA recipients.

Temporary Protected Status, or TPS, is a humanitarian form of immigration status for foreign nationals, including undocumented immigrants, who cannot safely return to their home country due to extraordinary circumstances. Examples of such circumstances include armed conflict or environmental disaster.

This section of the toolkit includes resources to help you represent clients who are applying for Deferred Action for Childhood Arrivals.

Letter from 70 law professors and scholars to USCIS and DHS regarding USCIS' new policy of issuing physical mailed extensions for employment authorization instead of Federal Register Notices.

Letter from 115+ national, state, and local organizations demanding that Congress support a DHS IG investigation on decisions related to TPS, including the investigation of various administrative irregularities.

This resources provides information for current Sudanese or Nicaraguan TPS holders on showing employers proof of an automatic extension of your TPS and work authorization until April 2, 2019.

On Oct. 26, 2018, CLINIC sent a letter to USCIS Director Cissna expressing concern and requesting more information and engagement on TPS processing delays which left tens of thousands of TPS holders without valid work authorization documents just days before their work authorization was to expire.

A federal district court in California granted a preliminary injunction in Ramos v. Nielsen temporarily halting the termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador. Here is what this means for these recipients.

This memo summarizes irregularities and errors in Temporary Protected Status, or TPS, implementation post-decision observed by the Catholic Legal Immigration Network, Inc., or CLINIC, during the Trump administration.

As the future of DACA recipients remains uncertain, practitioners who work with DACA recipients should explore permanent relief options for this vulnerable population. One such permanent relief option is non-LPR cancellation under INA § 240A(b), which provides a path to lawful permanent residency to certain non-citizens placed in removal proceedings.

This resource contains a collection of TPS holder stories and illustrates the human impact of terminating TPS. Stories provided by UndocuBlack, Alianza Americas, and CLINIC, as members of the TPS Working Group.

Following the September 5, 2017 issuance of a Department of Homeland Security (DHS) memorandum rescinding DACA, several lawsuits were filed challenging the legality of the DACA program’s termination. In addition, Texas and nine other states have asked a Texas district court to find that the 2012 DACA program is unlawful because the Obama administration exceeded its authority in creating the program. This advisory summarizes the current status of DACA in light of the pending litigation.

CLINIC has confirmed that there are some El Salvador TPS applications (Forms I-821 and I-765) that were filed during the most recent re-registration period (Jan. 18, 2018 – March 19, 2018) that have not yet been processed by USCIS. The processing delays are potentially problematic for TPS holders who are relying on the 180-day automatic extension of work authorization granted in the Federal Register Notice that will expire Wednesday, September 5, 2018.

CLINIC has joined with Muslim Advocates and other faith partners as Amici Curiae, or friends of the court, in the Texas. v. Nielsen case challenging the constitutionality of the DACA program. The brief asks the court to deny Texas’s motion for preliminary injunction which would halt adjudication of all DACA cases. The case is scheduled to be heard in the U.S. District Court for the Southern District of Texas on August 8, 2018.

The current 18-month grant of  Temporary Protected Status, or TPS, for Somalia will expire on September 17, 2018 unless extended by the secretary of Homeland Security.^[1] By statute, the DHS Secretary must decide whether to extend and/or redesignate or terminate TPS for Somalia by July 19, 2018.^[2]

Over 300 national, state, and local immigrant, religious, labor, and civil rights organizations sent a letter to Kristjen Nielsen, Secretary of the U.S. Department of Homeland Security, asking her to grant Temporary Protected Status (TPS) for Guatemala in light of recent environmental disasters. TPS provides the ability to work and protection from deportation for foreign nationals who cannot be safely returned to their home countries due to extraordinary and temporary conditions, such as an environmental disaster.

The current 18-month grant of Temporary Protected Status for approximately 1,000 Yemeni TPS holders will expire on Sept.

The current 18-month grant of Temporary Protected Status for nearly 200,000 Salvadorans will expire on March 9, 2018 unless extended by the Department of Homeland Security Secretary.^[1] By statute, the DHS Secretary must decide whether conditions warrant extension of the deadline by Jan.

This tool will help immigrant legal service providers and community-based organizations plan to effectively and efficiently respond to the decisions on TPS for certain nationalities.

CLINIC and Church World Service delivered a letter signed by 640 faith leaders and organizations from across traditions calling on the administration to extend and redesignate TPS for Honduras for at least another 18 months.

The Trump Administration’s September 5, 2017 DACA rescission has left DACA recipients in limbo and prompted many questions on what comes next for this vulnerable population. Practitioners representing DACA recipients must consider permanent relief options in each DACA client’s case and prepare for the possibility of removal proceedings. These practice advisories provide practitioners guidance on immigration law matters relevant to DACA recipients.

The Trump Administration’s September 5, 2017 DACA rescission has left DACA recipients in limbo and prompted many questions on what comes next for this vulnerable population. Practitioners representing DACA recipients must consider permanent relief options in each DACA client’s case and prepare for the possibility of removal proceedings. These practice advisories provide practitioners guidance on immigration law matters relevant to DACA recipients.

CLINIC and Church World Service delivered a letter signed by 275 faith leaders and organizations from across traditions calling on the administration to extend Temporary Protected Status for Nepal for at least another 18 months.

The Federal Register Notice in connection with the administration’s decision to terminate Deferred Enforced Departure, or DED, for Liberia with a twelve-month wind-down period was published on Friday, March 30, 2018.

This resource contains a collection of Nepali TPS holder stories and illustrates the human impact of terminating TPS. If you are a reporter looking for stories about TPS holders, please contact Pat Zapor at pzapor@cliniclegal.org.

This report documents the clear and acute need for an extension of Temporary Protected Status, or TPS, for Nepal for at least another 18 months. The law requires the secretary of the Department of Homeland Security to extend TPS when after review, the secretary determines that the conditions for the designation continue to be met. Nepal still meets the requirements as it continues to rebuild from the cataclysmic earthquake and aftershocks of April and May of 2015.

This backgrounder was prepared with assistance from Hira Ahmed and Selene Nafisi, J.D. candidates at the New York University School of Law’s Global Justice Clinic

This report documents the critical need for the United States to continue to extend Temporary Protected Status, or TPS, for Haiti until the country sufficiently recovers from a series of deadly natural disasters and is able to safely reabsorb TPS holders. Without TPS, the progress Haiti has made in recovery will be, at the least, seriously compromised.

Over 600 faith leaders and organizations from across traditions delivered a letter to the White House on March 22, 2018 urging the president to extend Deferred Enforced Departure (DED) for Liberia for at least another 18 months.

In recent months, the Department of Homeland Security, or DHS, has announced the termination of Temporary Protected Status designations for several countries. Each time TPS is terminated or extended for a designated country, TPS holders from that country are required to re-register if they wish to maintain TPS status. Typically, in addition to re-registering, TPS holders must reapply for Employment Authorization Documents, or EADs, to continue working legally in the United States until their TPS expires.

The current 6-month grant of Temporary Protected Status, or TPS, for nearly 60,000 Hondurans will expire on July 5, 2018 unless extended by the secretary of Homeland Security.[1] By statute, the DHS Secretary must decide whether to extend, terminate or redesignate TPS for Honduras by May 4, 2018.[2]

This report describes the acute need for the administration to extend Temporary Protected Status, or TPS, for Syria. Ongoing armed conflict as well as extraordinary and temporary conditions continue to make the safe return of Syrian nationals impossible. Syria is now in the seventh year of a catastrophic civil war that has shocked the world’s conscience and created the largest refugee crisis since World War II. Civilians in Syria suffer loss of infrastructure and widespread displacement. They are subjected to siege warfare and lack of access to food, water and medical aid.

CLINIC’s Executive Director Jeanne Atkinson joined the USCCB Committee on Migration, Catholic Relief Services (CRS), Catholic Charities USA (CCUSA), and Scalabrini International Migration Network (SIMN) in sending a letter to Secretary of Homeland Security, Kirstjen Nielsen, urging an 18-month extension of Temporary Protected Status (TPS) for El Salvador. 

On Dec. 4, CLINIC joined more than 130 other faith, non-profit, academic, and other organizations from across the country in a letter urging DHS and USCIS to immediately publish the official TPS notices for Honduras, Nicaragua, and Haiti. DHS announced the TPS determinations for these countries in November, but TPS holders and employers require official publication of the decisions in order to comply. At the time of this letter, the Federal Register Notices were delayed by over 4 weeks for the Honduran and Nicaraguan decisions and two weeks delayed for Haiti’s decision.

This quick guide will assist TPS holders in understanding DHS decisions on TPS, including terminations and indecisions. The guide also offers seven steps TPS holders can take to prepare and provides helpful links to resources.

CLINIC’s Executive Director Jeanne Atkinson joined the leaders of other major Catholic agencies that work to support immigrants and refugees have urged the head of the Department of Homeland Security to extend Temporary Protected Status for Honduras and El Salvador.

Download the PDF

Decisions in the Sixth and Ninth Circuit Courts of Appeal have opened the door for many individuals who entered the United States without inspection, but subsequently received Temporary Protected Status (TPS), to adjust to lawful permanent resident status. In the Sixth Circuit case, Flores v. USCIS, the court ruled that a grant of TPS satisfies the admission-related requirement of Section 245(a) of the Immigration and Nationality Act (INA). 718 F.3d 548 (6th Cir. 2013).

On Oct. 27, CLINIC joined 120 other faith, non-profit, academic and other organizations from across the country in a letter urging DHS to reconsider the recent termination of Temporary Protected Status for Sudan.

Guidelines for Press Releases for Administration's Failure to Make a TPS Decision on Time

Guidelines for Press Releases for TPS Termination

The Catholic Legal Immigration Network, Inc. and Church World Service delivered a letter Sept. 18 signed by nearly 700 American faith leaders and organizations calling on the administration to continue to use Temporary Protected Status as Congress intended. The law calls for TPS to protect foreign nationals in the United States whose lives would be at risk if they are forced to return to their countries too soon after catastrophes.

This tool will help immigrant legal service providers and community-based organizations plan to effectively and efficiently respond to DACA termination.

Catholic Legal Immigration Network, Inc., Catholic Charities USA and the USCCB’s Committee on Migration joined to urge the president to continue DACA, a policy protecting nearly 800,000 young people. The letter was sent amid reports that the administration may soon end the policy that provides protection from deportation and work authorization to young people who were brought to the U.S. as children.

Recent guidance from U.S. Citizenship and Immigration Services indicates that the agency is no longer placing a hold on the adjudication of applications for adjustment of status filed by recipients of Temporary Protected Status, or TPS, in the jurisdictions of the Sixth and Ninth Circuits. This updated guidance comes in light of those federal appellate courts’ decisions in Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013) and Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). 

As a result of decisions from the 6th and 9th circuit courts, USCIS has issued new policy establishing that a Temporary Protected Status (TPS) recipient who resides in one of those jurisdictions is considered “inspected and admitted” for adjustment of status eligibility under INA Section 245(a).  

The 9th U.S. Circuit Court of Appeals recently held that a grant of Temporary Protected Status itself constitutes an “admission” for purposes of INA § 245(a) adjustment of status eligibility. Ramirez v. Brown, No. 14-35633, __ F.3d __ (9th Cir. 2017).

The current six-month grant of Temporary Protected Status, or TPS, for approximately 50,000 Haitians will expire on Jan. 22, 2018 unless extended by the Secretary of the Department of Homeland Security.

The Department of Homeland Security amended its regulations governing the requirements and procedures for T nonimmigrant status for victims of human trafficking on Dec. 19, 2016. The regulations were amended to comply with several legislative changes, respond to public comments, and reflect U.S. Citizenship and Immigration Services experience adjudicating T nonimmigrant applications. The interim rule took effect Jan. 18, 2017. This article summarizes the main changes to the regulations.

President Obama’s Jan. 12, 2017, announcement ending the “wet-foot, dry-foot” policy on Cuban migration has prompted many questions as to how this change will impact immigration law. Understanding the origins of the policy will help address what is at stake for Cuban nationals moving forward.

DACA is an executive action, implemented by President Obama in 2012, providing deportation relief and the opportunity to work for a select group of young, undocumented people living in the United States. This document provides some talking points.

Enacted in 1966, the Cuban Adjustment Act (CAA) allows Cubans and their spouses and children to become permanent residents through adjustment of status. The law provides humanitarian relief to Cubans who are presumed to be political refugees and cannot seek residence through other avenues. To qualify for Cuban adjustment as a principal applicant, one must be a native or citizen of Cuba; have been inspected, admitted or paroled; be physically present in the United States for more than one year; and be admissible to the United States for lawful permanent residency.

In coalition with Nepali organizations based in the United States, including Adhikaar in New York, the National Council of Asian Pacific Americans (NCAPA) are a part of a nation-wide movement to support humanitarian efforts for Nepal. The massive 7.8 magnitude earthquake that shook Nepal has resulted in mass death and destruction. This devastation and tragedy has touched all of our hearts as the difficult relief efforts have begun.

In recent years, more than 24,000 people from over 100 nations have been granted asylum in the United States. Asylees have often suffered from persecution in their country of origin, forced migration, detention in the United States, and the uncertainty of the asylum adjudication process. Most confront systemic and bureaucratic barriers to resettlement and integration, and need well-coordinated and prompt social services to ease their transition.