Tens of thousands of individuals granted Temporary Protected Status (TPS) previously blocked from a path to permanent U.S. residency now have a way forward. The Biden administration settled an ongoing legal action due to a Trump-administration policy that was implemented. The agreement awaits a judge’s signature, however, is believed to move forward.

Individuals with pending deportation orders are not eligible to apply for a permanent U.S. residency. The Trump administration was sued in 2020 when then-acting US Customs and Immigration Services (USCIS) Director Ken Cuccinelli issued a 2019 policy guidance that made it nearly impossible to clear a deportation issue. Prior to the 2019 guidance, individuals with pending deportation orders could resolve the orders by exiting the U.S. with an advance parole document, which allows the individual to return to the U.S. However, Mr. Cuccinelli’s policy guidance removed that option. As such, their path to citizenship was blocked. The agreement to repeal the 2019 guidance gives qualifying TPS holders the option to clear their pending deportation orders and seek permanent resident status.

Previously, two asylum-related policies implemented by Mr. Cuccinelli were reversed based on a lack of authority. The judge found Mr. Cuccinelli had not been legally installed into the role of USCIS Director.

Individuals with TPS status and pending deportation cases should contact the U.S. Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor to have their matter reopened and dismissed. Once the deportation case has been dismissed, qualifying individuals are then eligible to apply for a green card through asylum, employment, or family petitions.

The TPS program gives qualifying individuals temporary work authorization in the U.S. and reprieves from removal. Individuals must be from countries the U.S. recognizes as suffering from natural disasters or civil war. Currently, according to the USCIS, Afghanistan, El Salvador, Haiti, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen are qualifying countries.

If you have questions about TPS or any other immigration-related issue, contact us at ILBSG. We continue to actively monitor policy updates to ensure our clients get the right advice.

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