New temporary protection for Nicaraguans and Venezuelans in the US? This is what is known

New temporary protection for Nicaraguans and Venezuelans in the US? This is what is known

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On several occasions, we have defined ways for a foreigner to legally immigrate to the United States through family members or employers.

However, the US also offers alternatives to temporarily accommodate certain people from countries affected by exceptional situations, such as natural disasters or armed conflicts. Among them is the Temporary Protected Status or TPS.

The US allows citizens of countries from different continents to reside legally and with the option to work for a maximum of 18 months. The list is extensive, although it changes from time to time depending on the evolution of the crisis at stake.

Despite this, immigration activists recently asked the Joe Biden administration to redesignate this protected status for Venezuelans and Nicaraguans. The argument for the application lies in both countries’ complex political and social situation, but is it enough for an extension to proceed?

What is Temporary Protected Status (TPS)?

Although the United States Citizenship and Immigration Services (USCIS) is known for its leading role in the permanent residence process, it also offers support for limited aliens to carry out this process through the known pathways.

USCIS offers a variety of humanitarian and protection programs for aliens from countries with difficulties and for whom returning is not a safe option. This is due to causes such as natural catastrophes of various kinds, situations of oppression and violation of human rights, political problems, and medical emergencies that limit entry into the country, among others.

TPS is a status granted by the Department of Homeland Security (DHS) to foreigners who cannot return to their countries of origin due to conditions resulting from armed conflict, natural disasters, or extreme insecurity.

Given the particularity of these cases, not all countries fall within the parameters to grant temporary protection. However, those citizens from the eligible regions already in the US can receive it. Similarly, those who do not have the nationality of the affected country but who indeed resided in it before arriving in the US.

What benefits does the TPS offer?

It is well known that the US has strict protocols for the entry and stay of foreigners in its territory. That said, the main advantage that TPS offers is the impossibility for the beneficiary to be detained by DHS for their immigration status during the period in which it is in force.

So, aliens with TPS will not be deported from the US in the first place. In addition, they can obtain an Employment Authorization Document (EAD) that will make them eligible to work legally while in the country. They can even receive a travel authorization if necessary.

When can TPS be granted to a foreigner?

As expected, well-defined conditions would validate the need to grant temporary protected status to a foreigner in the US at a particular time.

These are armed conflict (wars, violent protests of a massive nature, etc.), the development of natural disasters (hurricanes, floods, earthquakes, volcanic eruptions, etc.), health emergencies (such as epidemics), and other temporary conditions.

According to the information provided by USCIS on its official website, the countries to which TPS currently applies are Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, Sudan South, Syria, Ukraine, Venezuela and Yemen.

However, the US government can review their conditions and make decisions based on this. For example, the designation can be extended for 6, 12, or 18 months, at least 60 days before the current one for each region expires.

Does the TPS serve to obtain permanent residence in the US?

TPS can be very useful for exceptional cases in which, although an immediate permanent Visa is not appropriate, it can serve as the basis to start the immigration processes if necessary.

However, it is essential to note that this is a temporary benefit, as its name indicates. Therefore, having protected status does not grant legal permanent residence status, much less does it represent a step to initiate it.

However, having it or being eligible in the initial review phase does not prevent the beneficiary foreigner from processing other applications to remain legally in the US.

So, the individual can apply for “nonimmigrant” status and file an Application for Adjustment of Status based on an immigrant petition. In short, they can apply for any other immigration or protection benefit if they meet the requirements.

However, it is known that particular cases do not fully adjust to the application channels through a family member or a job. The good news is that TPS could temporarily solve the ambiguity of the alien’s status within the US. Therefore, denying asylum or other immigration status does not have to influence this protection program.

Reassignment of TPS for Nicaragua and Venezuela

The temporary nature of this status justifies that the members of the list of eligible countries change from time to time, with some remaining while others leave. Although Nicaragua and Venezuela appear on said list, both names resounded in the news websites after a group of activists advocated for their permanence in the program.

In mid-July of this year, 26 Democratic senators presented a letter to the Secretaries of State, Antony Blinken, and Homeland Security, Alejandro Mayorkas, requesting the redesignation of protected status for immigrants from Nicaragua and Venezuela. This is because the executive branch’s function is to designate the countries whose citizens can obtain said status.

History of the temporary protection of Nicaragua and Venezuela

The history of temporary protection of Nicaraguans in the US began in December 1999 when Hurricane Mitch devastated an important part of Nicaragua. Although more than 20 years have passed since that event, the different US presidents have considered the particular conditions, deciding to expand the program several times.

In March, the same United Nations Organization (UN) reported human rights violations in Nicaragua in 2018. These continue to occur today and have severe repercussions on citizens’ quality of life.

Something similar happened in Venezuela, which has been plunged into a deep economic, political, and social crisis for more than seven years that has caused an exceptional migratory phenomenon. However, the history of TPS for Venezuelan foreigners is more recent, with the program being enabled in March 2021.

Despite this, the previous administration had canceled the designations for Nepal, Honduras, El Salvador, and Nicaragua. This despite the hundreds of thousands of beneficiaries in the country at the time.

Waiting for future extensions

History recently took another turn as Secretary Mayorkas rescinded the termination of Nicaragua’s designation and extended TPS for 18 months, from January 6, 2024, to July 5, 2025. This will allow approximately 4,000 current TPS beneficiaries to re-register to process their TPS until July 5, 2025.

“Through the extension of Temporary Protected Status, we can offer continued security and protection to current beneficiaries who are nationals of El Salvador, Honduras, Nepal, and Nicaragua who are already present in the United States and are unable to return to their countries due to the effects of environmental disasters,” Mayorkas said. “We will continue to offer them support through this temporary form of humanitarian aid.”

On July 11, he also announced the extension of the TPS designation of Venezuela for 18 months, an extension that will be in effect from September 10, 2022, to March 10, 2024.

The Secretary of Homeland Security must make the decision by March 3, 2024, when the current designation expires. Foreigners who arrive after the initial designation date can only obtain protection status if a new one is made for their respective countries.

“What we are asking for is a redesignation of TPS for Nicaragua and Venezuela so that new people can apply to this program because extraordinary conditions are happening in these countries,” said Yareliz Méndez of the Florida Immigrant Coalition.

Many immigrants from both countries arrived in South Florida, where they met with activists to advocate for the extension of TPS. “These are countries that are still suffering from a regime; nothing has changed in recent years,” said Rafael Piñeyro, deputy mayor of Doral, born and raised in Venezuela.

The fear is that non-renewal could result in members of these communities being deported to their countries of origin, even when the respective crises remain unresolved. If approved, it is estimated that more than 500,000 Nicaraguans and Venezuelans in the US could benefit. For the latter, it could even be a pathway to citizenship.

Pending the executive branch’s decision, many immigrants continue coming to the country in search of opportunities, each with a particular story that may require advice. If this is your case or that of someone you know, remember that the lawyers at Kannan Law have legal knowledge and extensive experience in immigration matters. Contact us, and we will help you with your case.