What is temporary protected status and who does it affect? Supreme Court ruling


Supreme Court deals blow to immigrants, defends Trump’s deportation policies

The Supreme Court dealt a blow to immigrants on Thursday, June 25, ruling that the Trump administration can end the “temporary protected status” of immigrants.

This affected hundreds of thousands of immigrants in 13 countries.

What is Temporary Protected Status?

Temporary Protected Status (TPS) is a humanitarian program that allows foreign citizens from countries experiencing armed conflict, natural disasters, or other extraordinary conditions to live and work legally in the United States.

Although the term refers to a temporary status, some countries have had their designations renewed for decades.

In 1990, the program was created by Congress and is administered by the Department of Homeland Security. It does not provide a path to permanent residency or citizenship.

Who is affected?

The Trump administration had attempted to end TPS for 13 countries. Thursday’s ruling clears the way for those layoffs to move forward.

Countries that lose TPS protection include:

Haiti

Syria

Venezuela

Honduras

Afghanistan

Nepal

Cameroon

Myanmar (Burma)

Ethiopia

Somalia

South Sudan

Yemen

Nicaragua

What did the Supreme Court decide?

In a 6-3 ruling, the Supreme Court concluded that federal courts do not have the authority to review the president’s decision to end TPS. With this decision, the administration is empowered to revoke the protections.

Immigrants who lose TPS will also lose their work permits and may face deportation risks.

What is the difference between TPS and asylum?

While both TPS and asylum protect aliens in the United States, they differ significantly in terms of their purposes and results.

Temporary Protected Status is granted to citizens of certain countries that the Department of Homeland Security determines have unsafe conditions due to armed conflict or natural disasters. It is a class-based designation, meaning that it applies to all nationals of the affected country without regard to their personal situation.

Asylum, on the other hand, is granted to people who are escaping persecution or face well-founded fear of being persecuted in their country due to their race, religion, nationality, political opinion or membership in a particular social group. Asylum seekers have to prove that they individually meet the requirements for asylum, and unlike TPS status, asylum seekers can become residents and then citizens.

What happens next?

TPS beneficiaries from affected countries will lose their work authorization and face deportation issues.

The White House called the ruling a “tremendous victory” and said it would continue to “end the egregious abuses of our immigration system.”

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