Tag Archives: undocumented

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Trump’s Anti-Immigrant Invective Signals Trouble for Those With Temporary Protected Status

Photo: American Friends Service Committee

UPDATE 02/02/2025: The New York Times reported today that the Trump administration has ended Temporary Protected Status, or T.P.S., for more than 300,000 Venezuelans in the United States, leaving the population vulnerable to potential deportation in the coming months, according to government documents obtained by The New York Times. “The Trump administration’s attempt to undo the Biden administration’s T.P.S. extension is plainly illegal,” said Ahilan Arulanantham, who helps lead the Center for Immigration Law and Policy at the U.C.L.A. School of Law. “The T.P.S. statute makes clear that terminations can only occur at the end of an extension; it does not permit do-overs.”

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President-elect Donald Trump has made it crystal clear. 

America’s “immigration crisis” is a “massive invasion” spreading “misery, crime, poverty, disease and destruction to communities all across our land” and the nation’s cities are being “flooded” by the “greatest invasion in history” of undesirables from “every corner of the earth, not just from South America, but from Africa, Asia, Middle East,” Trump bellowed at the Republican National Convention in July 2024.

One action Trump plans to take in response to the “invasion” is to cut back on the Temporary Protected Status (TPS) program. Set up in 1990, the program gave the federal government the ability to grant work permits and deferrals from deportation to nationals of any designated nation going through or recovering from natural or man-made disasters.

If you recall the uproar over unfounded claims that Haitians who live and work legally in Springfield, Ohio, were eating their neighbor’s cats and dogs, those Haitians are TPS holders. In an interview with NewsNation, Trump said the influx of migrants in Springfield “just doesn’t work” and “you have to remove the people; we cannot destroy our country.”

To say the least, the fate of those in Oregon with TPS will be precarious, too, under the upcoming Trump administration.

I asked Oregon’s Office of Immigrant and Refugee Advancement how many people in Oregon are here under the Temporary Protected Status program, but they never responded. But I located a report by the Congressional Research Service (CRS) on the TPS topic. According to the CRS, as of March 31, 2024, there were an estimated 2,705 individuals with TPS in Oregon, fewer than the 9,500 in Washington, but more than the 510 in New Mexico. The current number in many states is likely higher now because the number of TPS individuals in the United States has increased by about 150,000 since March. 

TPS offers qualifying individuals already in the U.S. work authorization and a temporary legal status to remain in the country if their home country is determined unsafe. TPS offers up to 18 months of relief to qualifying individuals based on the status of that country. For example, the TPS program is scheduled to end in March 2025 for El Salvador and in April 2025 for Sudan, Ukraine, and Venezuela. 

TPS designations can be terminated prior to expiration with 60 days notice. TPS status can also be extended by the Department of Homeland Security. For example, on Oct. 17, 2024, the department extended through Aug. 3, 2025, the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries under the designation of Haiti.

Since 1990, successive Republican and Democratic administrations have largely automatically renewed certain key TPS designations

The impact of Trump’s plans on current TPS holders could be calamitous. That’s partly because the number of people in the United States under TPS exploded under President Biden.

In 2020, TPS protected about 330,000 people from 10 countries who would otherwise be subjected to disease, violence, starvation, the aftermath of natural disasters, and other life-threatening conditions. The largest group of TPS recipients was from El Salvador (195,000 people) followed by Honduras (57,000 people) and Haiti (50,000 people).

Other countries with TPS holders included Nepal (8,950 people), Syria (7,000 people), Nicaragua (2,550 people), Yemen (1,250 people), Sudan (1,040 people), Somalia (500 people), South Sudan (84 people), Guinea (930 people), and Sierra Leone (1,180 people). 

With President Biden’s term winding down, there are now over 1 million immigrants in the United States under TPS status. Qualifying individuals include people from 16 countries, with Venezuelans, Haitians and Salvadoreans the largest groups of TPS beneficiaries.[1]

Under the Biden administration, new TPS designations have been issued for six countries (Afghanistan, Cameroon, Ethiopia, Myanmar [also known as Burma], Ukraine, and Venezuela), and extended for ten others (El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen). The government has also granted or extended a similar protection, deferred enforced departure (DED), for people from Hong Kong and Liberia, with an estimated 3,900 and 2,800 covered respectively.

If a TPS designation ends, beneficiaries return to the immigration status that the person held prior to receiving TPS, unless that status has expired or the person has successfully acquired a new immigration status.

 If the Trump administration is aggressive in ending the TPS program, its beneficiaries in Oregon and elsewhere would return to being undocumented at the end of a TPS designation and become subject to removal. 

“It’s possible that some people in his administration will recognize that stripping employment authorization for more than a million people, many of whom have lived in this country for decades, is not good policy” and economically disastrous, Attorney Ahilan T. Arulanantham, a teacher at the University of California, Los Angeles School of Law, recently told PBS News. “But nothing in Trump’s history suggests that they would care about such considerations.”

[1] Countries Currently Designated for TPS. Select the country link for additional specific country information.

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The San Bernardino massacre and the failed U.S. visa system

(Addendum: Dec. 10, ABC News, http://abcn.ws/1QfISlG)

Farook and Malik’s marriage isn’t the only one garnering suspicion. In the midst of the investigation into Farook’s family, new details have emerged about the use and possible abuse of the government marriage citizenship program involving Enrique Marquez, the man who officials told ABC News originally bought two of the weapons used in the San Bernardino attack and was married to Mariya Chernykh, who moved from Russia to the United States in 2009.

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(Addendum: Dec. 9, NY Times ,http://nyti.ms/1NcHEUE)

James+Comey+Jr+Senate

“The F.B.I. director, James B. Comey, said Wednesday that the couple who waged a shooting rampage in San Bernardino, Calif., last week had been talking of an attack as far back as two years ago, before the United States gave the woman approval to enter the country…The disclosure raised the possibility that American immigration and law enforcement authorities missed something in the woman’s background when they granted her the approval.”) I’ll say.

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Not to worry, says the U.S. government. Immigration law is strictly enforced.

Except that it isn’t.

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Tashfeen Malik, who pledged her fealty to ISIS and joined with her husband to brutally slaughter 14 people in San Bernardino, came to the United States on a “fiancée visa”, otherwise known as a K-1 visa.

Tashfeen Malik

Tashfeen Malik

Under the law, the spouse-to-be from a foreign country is allowed to enter the United States for 90 days so that the marriage ceremony can take place. Once the marriage takes place, the spouse may apply for permanent residence and remain in the United States while U.S. Citizenship and Immigration Services processes the application.

The government says the fiancée visa system is very rigorous and strictly enforced. If the foreigner doesn’t follow the law, they have to go home.

The problem is violations of U.S. visa law are routinely ignored.

The fact is that about 40% of the 11 million undocumented workers in the United States aren’t low-income people from Mexico and Central America. Instead, they are foreigners who arrived legally, often on fiancée, tourist or education visas, and just never left. They became what are simply labeled “overstayers”.

According to a report in the Wall Street Journal, the government doesn’t even compile information on the millions of overstayers, leaving it to others to piece together a snapshot of who they are and where in the U.S. they live.

So much for homeland security.