TEMPORARY PROTECTED

STATUS (TPS)

Licelle Cobrador, Esq.Patricia Astorga, Esq.JT S. Mallonga, Esq.

WHAT IS TEMPORARY PROTECTED STATUS (TPS)

Temporary Protected Status is a TEMPORARY, HUMANITARIAN FORM OF RELIEF for those who are in the United States in the case of the ongoing conflict or an environment disaster in their country of origin.

HOW IS A COUNTRY DESIGNATED WITHTPS

The decision to designate a country for TPS is based upon specific criteria outlined by the United States Congress in Section 244 of the Immigration and Nationality Act (INA), 8 U.S.C. Section 1254a, and is vested in the Secretary of Homeland Security.

The decision rests with the executive branch of the federal government. Congress does not vote on it.

To start the process the Philippine government should make the request for TPS designation.

After the request is made, the Secretary of Homeland Security, in consultation with the appropriate agencies such as the Dept of State, will then decide whether to grant the request.

The designation becomes effective once it is published in the Federal Register.

WHAT IS THE EFFECTIVE PERIOD OF TPS DESIGNATION FOR FOREIGN STATES?

It takes effect upon the publication of designation as specified by the AG, not less than 6 months and not more than 18 months.

A periodic review at least 60 days before the end of the initial period of designation.

 If the AG determines that a foreign state (or an part of the state) no longer continues to meet the conditions for designation under paragraph (1), the AG shall terminate the designation by publishing notice in the Federal Register of the determination under this subparagraph.

WHO ARE ELIGIBLE FOR TEMPORARY PROTECTED STATUS?

To be initially eligible for TPS, an individual must:- Be a national of a country designated for TPS, or a person without

nationality who has last habitually resided in the designated country;

- Register for TPS status during the initial registration period;- Demonstrate continuous physical presence in the U.S. since the

effective date of the designation; and- Demonstrate continuous residence in the U.S. since the date

specified in the designation.

An alien is NOT eligible for TPS if the person has been:

Convicted of any felony or two or more misdemeanors committed in the U.S.

Found to be inadmissible to the U.S. under 212(a), including a non-waivable criminal and security-related grounds; or

Subject to any of the mandatory bars to asylum. A person can also be deemed to ineligible if they fail

to re-register or fail to maintain continuous physical presence and continuous residence in the U.S.

What TPS Can Do:

During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases:

- Are not removable from the U.S.

- Can obtain an employment authorization document (EAD)

- May be granted travel authorization

Other immigration relief measures available:

Change or extension of nonimmigrant status for an individual currently in the U.S., even when the request is filed after the authorized period of admission has expired;

Extension of certain grants of parole by USCIS Extension of certain grants of advance parole, and expedited processing of

advance parole status. Expedited adjudication and approval, where possible, of request for off-

campus employment authorization for F-1 students experiencing severe economic hardship

Expedited processing of immigrant petitions for immediate relatives of US citizens and lawful perm residents (LPRs)

Expedited adjudication of employment authorization applications, where appropriate; and

Assistance to LPRs stranded overseas w/o immigration/travel doc’s such as Perm Resident Cards.

(source: USCIS)

What TPS is NOT:

TPS is temporary benefit that does not lead to lawful permanent resident status or give any other immigration status.

However, registration for TPS does not prevent you from:

- Applying for nonimmigrant status.

- Filing for adjustment of status based on an immigrant petition

- Applying for any other immigration benefits or protection for which you may be eligible

WHO ADMINISTERS TPS?

The U.S. Citizenship and Immigration Services (USCIS) is the agency of the Dept of Homeland Security (DHS) that is responsible for administering the TPS Program.

USCIS monitors country conditions and evaluates them to determine whether it could be designated for TPS under appropriate statutory requirements.

What countries have received TPS?

The current TPS designated countries include:.- El Salvador 3/9/2001 to 3/9/2015- Haiti 7/23/2011 to 7/22/2014- Honduras 1/5/1999 to 1/5/2015- Nicaragua 1/5/1999 to 1/5/2015- Somalia 9/18/2012 to 3/17/2014- Sudan 5/32013 to 11/2/2014- South Sudan 5/3/2013 to 11/2/2014

- Syria 10/1/2013 to 3/31/2015

How would the Philippines get TPS designation?

The decision to designate a country for TPS rests with the executive branch of the federal government. Congress does not vote on it, though members of Congress may ask the President to designate a particular country.

To start the process the Philippines government should make the request of the U.S. government through the diplomatic channels. After the request is made, the Secretary of Homeland Security, in consultation with the appropriate agencies such as the Department of State, will then decide whether to grant the request. The designation only becomes effective once it is published in the Federal Register.

Why should the Philippines be designated for TPS?

- Typhoon Haiyan impact: 235 mph wind speed of Haiyan when it hit the Philippines, Category 5125 mph wind speed of Katrina when it hit Louisiana, Category 380 mph wind speed of Sandy when it hit New Jersey

- Due to the level of damage and restoration required for the Philippines to reabsorb its nationals from abroad, many of whom have homes that were destroyed by the typhoon.

- A grant of TPS would allow Filipinos here in the U.S. to work and support their families who were impacted by the typhoon. Remittances account for almost for almost 10 percent of the Philippines’ Gross Domestic Product. Now more than ever, those funds are needed to help support the recovery process.

TIMELINE OF TEMPORARY PROTECTED STATUS

NOVEMBER 8, 2013

Superstorm Typhoon Haiyan kills 6,201 people, 28,626 injured, 1,785 still missing

A total of 3,424,593 families/16,078.181 persons affected

Total cost of damages remained at PhP36,690,882,497

(Source: www.ndrrmc.gov.ph)

NOVEMBER 18, 2013

USCIS Director Alejandro Mayorkas responds to AILA President, T. Douglas Stump and, Executive Director, Crystal Williams, letter urging Acting Secretary of Homeland Security Rand Beers to designate the Philippines with TPS Status.

NOVEMBER 19, 2013

House of Representatives signs a resolution letter to The Honorable Rand Beers, Acting Secretary Dept of Homeland Security, stating that the Philippines meets necessary requirements of a TPS Status.

NOVEMBER 20, 2013

United States Senate signs a resolution letter to The Honorable Rand Beers, Acting Secretary Dept of Homeland Security, stating that the Philippines meets necessary requirements of a TPS Status.

NOVEMBER 22, 2013

USCIS initiates action by, not only expressing sympathy for the devastation, setting up a home page in their website about existing relief measures available to Filipino nationals.

USCIS also mentions how members of Congress and the community have requested that the Philippines receive a designation of Temporary Protected Status.

DECEMBER 13, 2013

President Ninoy Aquino sends a letter requesting the U.S. government to designate the Philippines for Temporary Protected Status.

QUESTIONS and ANSWERS