Friday, May 4, 2018

DHS to End TPS for Hondurans

330px-Kirstjen_Nielsen_2018

Today, the U.S. Department of Homeland Security released this statement on "Temporary Protected Status for Honduras":

"The Secretary of Homeland Security Kirstjen M. Nielsen has determined that termination of the Temporary Protected Status (TPS) designation for Honduras is required pursuant to the Immigration and Nationality Act. To allow for an orderly transition, she has determined to delay the effective date of the termination for 18 months. The designation will terminate on January 5, 2020.

The decision to terminate TPS for Honduras was made after a review of the environmental disaster-related conditions upon which the country’s original 1999 TPS designation was based and an assessment of whether those originating conditions continue to exist, as required by statute. Based on careful consideration of available information, including recommendations received as part of an inter-agency consultation process, the Secretary determined that the disruption of living conditions in Honduras from Hurricane Mitch that served as the basis for its TPS designation has decreased to a degree that it should no longer be regarded as substantial. Thus, as required under the applicable statute, the current TPS designation must be terminated.

Since 1999, conditions in Honduras that resulted from the hurricane have notably improved. Additionally, since the last review of the country’s conditions in October 2016, Honduras has made substantial progress in post-hurricane recovery and reconstruction from the 1998 Hurricane Mitch.

To allow for an orderly transition, the effective date of the termination of TPS for Honduras will be delayed 18 months to provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. Honduran citizens in the United States who benefited from TPS may still receive other protections under our immigration system for which they are eligible.

The 18-month delayed effective date will also provide time for Honduras to prepare for the return and reintegration of its citizens. During this timeframe, DHS will work with the Department of State and the Government of Honduras to help educate relevant stakeholders and facilitate an orderly transition. In addition to materials posted online, DHS components will participate in outreach activities such as teleconferences, town halls, and roundtables to ensure that affected populations have a full and accurate understanding of their rights and obligations.

Honduran citizens with current TPS registrations will be required to re-register for TPS and apply for Employment Authorization Documents in order to legally work in the United States until the termination of Honduras’ TPS designation becomes effective January 5, 2020.  Further details about this termination for TPS, including the re-registration period, will appear in a Federal Register notice. Honduran TPS beneficiaries should not submit re-registration applications until the re-registration period is announced through the Federal Register notice."

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As the Los Angeles Times reports, the "Trump administration has been far more strict [than past administrations], insisting that [TPS] shouldn't be a permanent pass to stay in the U.S. The administration has also ended protections for El Salvador, Haiti, Nicaragua, Sudan and Nepal. The program was extended for South Sudan, still riven by a civil war." (emphasis added).

Dianne Solis of the Dallas Morning Times places the end of TPS for Hondurans in perspective:

"The decision to end temporary protection status, or TPS, affects about 57,000 Hondurans . . . . They are the second largest group of TPS beneficiaries to receive a termination notice — meaning when their permits expire, they’ll have to have some other immigration status to remain legally or will be classified as unauthorized immigrants.

No other president has terminated TPS for as many people as President Donald Trump, who has made a crackdown on legal and illegal immigration a signature issue of his administration.

The program functions as a sort of temporary mercy for immigrants already in the U.S. when a natural disaster or armed conflict breaks out." (emphasis added).

In response to the administration’s decision to end TPS for more than 50,000 Hondurans, Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights, issued the following statement:

“True to form, this administration deliberately chose to wreak havoc on the lives of nearly 57,000 Hondurans and their tens of thousands of U.S-born children. In the past six months, this administration has inhumanely stripped TPS from 200,000 Salvadorans, 50,000 Haitians, 9,000 Nepalese, 2,500 Nicaraguans, and 1,000 Sudanese – a continuation of its immoral anti-immigrant agenda. Inevitably, families will be torn apart and tens of thousands of U.S-born children will be stripped from their parents – a move that will have devastating ripple effects. This administration’s heartless decisions will not only impact TPS holders, but our society and economy as well.”

KJ

http://lawprofessors.typepad.com/immigration/2018/05/dhs-ends-tps-for-hondurans.html

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Comments

Temporary, not indefinite. It's a shame so many other presidents flouted the law.

Posted by: Jpe | May 4, 2018 5:00:50 PM

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