The United States has a long history when it comes to showing compassion toward immigrants who come from countries that are struggling to recover from disasters, either natural or man-made.
Since 1990, the government has used Temporary Protected Status designation to allow immigrants from devastated countries to remain in the United States for limited periods. TPS helps relieve the strain on rebuilding nations by stemming the flow of nationals back into the country. And it also helps by maintaining the flow of remittances from working immigrants in the United States to families back home.
The secretary of Homeland Security, for humanitarian reasons, can designate a country for TPS due to three conditions: ongoing armed conflicted, such as civil war; natural disasters, such as hurricanes, earthquakes, tsunamis; or other unspecified extraordinary circumstances.
With TPS status, immigrants cannot be removed from the United States and cannot be detained by the Department of Homeland Security. They can obtain an employment authorization document (EAD) to work legally and they may apply for travel authorization to leave the United States and re-enter legally during a specified period of time.
Congress approved TPS as part of immigration reform legislation during the first Bush administration, and immigrants from a half-dozen countries have received it since.
One of the best examples of the use of TPS came in 2010 when Homeland Security Secretary Janet Napolitano, acting for the Obama administration, granted the protection to Haitian immigrants after the 7.0 magnitude earthquake ravaged their homeland. According to U.S. Citizenship and Immigration Services, the response was strong and immediate. Close to 100,000 immigrants who might have been deported to Haiti received exemptions to remain in the United States legally.
In 1999, the government gave TPS to immigrants from El Salvador, Nicaragua and Honduras after Hurricane Mitch tore through Central America. Extensions of the status have kept it in effect through 2011. Somalia and Sudan have TPS status because of civil wars and rampant internal violence.
Because TPS applies only to immigrants living in the United States on a specified date, it does not encourage new waves of refugees. Because of the immigrants’ remittances, TPS becomes a way for Americans to contribute foreign without reaching into their own pockets.
TPS does not lead to permanent residency or green cards, however. Once the government decides to terminate the status, immigrants revert to the immigration designation they had before TPS was implemented. Immigrants who were facing deportation are likely to face it again. While there are no guarantees or promises, qualified immigrants with TPS can apply to immigrate permanently and the government may approve their application.It is extremely important that immigrants who are eligible for TPS apply for it in a timely manner. Immigrants who miss a registration period are likely to miss their chance at protection. The applications needed to register and re-register for TPS are:
Form I-821, Application for Temporary Protected Status
Form I-765, Application for Employment Authorization
Applications also must include the required fees, or a Form I-912 Request for Fee Waiver that shows an immigrant is unable to pay the fees.
An immigration judge or the Board of Immigration Appeals (BIA) also can grant TPS, and immigrants who receive approval through these rulings must provide USCIS with proof of the decision.
Immigrants who have been convicted of a felony or two or more misdemeanors while in the United States are not eligible for TPS. Neither are war criminals or immigrants that the government excludes for security reasons.
