Biden Administration Moves to Protect Immigrants Ahead of Trump’s Deportation Plans

By DAYO ADESULU

The Biden administration is actively working to prolong protections for numerous immigrants as their Temporary Protected Status (TPS) nears expiration, a situation intensified by the incoming Trump administration.

According to a report from The New York Times, which referenced U.S. officials and internal documents, the Biden government’s latest actions appear aimed at complicating any large-scale deportation initiatives Trump may attempt to implement.

This strategy follows Trump’s appointments aimed at advancing his plans for significant deportations of undocumented immigrants. Key figures in this effort include Tom Homan, selected as Trump’s “border czar,” along with Rodney S. Scott and Caleb Vitello, who have been tasked with managing a comprehensive overhaul of the U.S. immigration system focused primarily on deportation efforts.

In a recent address, Trump asserted his intention to initiate the largest deportation operation in American history should he secure a second presidential term. Additionally, he has criticized the Biden administration for its acceptance of thousands of individuals identified as radical Islamic terrorists into the United States.

Presently, the TPS program serves approximately one million immigrants from 17 different countries, granting them the right to live and work in the U.S. during periods of conflict or natural disasters in their home nations.

As the situation evolves, the Biden administration’s protective measures for TPS holders remain critical in shaping the future of immigration policy in the country.

The Temporary Protected Status (TPS) program is a humanitarian relief initiative offered by the U.S. government to individuals from designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions that prevent them from safely returning.

Key Features of the TPS Program:

1. Eligibility: TPS is available to nationals of countries that have been designated by the Secretary of Homeland Security based on specific criteria. Applicants must demonstrate they meet the eligibility requirements, which include being a national of the designated country or having a similar claim to nationality.
2. Duration: TPS is temporary and can be revoked or extended. The status is typically granted for 6 to 18 months and can be renewed as long as the conditions in the home country warrant continued protection.
3. Work Authorization: Beneficiaries of TPS can apply for work permits, allowing them to legally work in the United States during the duration of their TPS status.
4. No Path to Permanent Residency: While TPS provides temporary relief from deportation, it does not lead to U.S. citizenship or permanent resident status. Beneficiaries must reapply to maintain their TPS and may face uncertainty if the status is not renewed.
5. Countries with TPS: TPS has been granted to nationals from various countries, including but not limited to:

• El Salvador
• Honduras
• Haiti
• Syria
• South Sudan
• Yemen
• Nepal
• Nicaragua

1. Revocation and Designation: The U.S. government periodically reviews the conditions in the designated countries. The Secretary of Homeland Security has the authority to terminate TPS for a specific country if the detrimental conditions that warranted the designation no longer exist.

Impact of TPS:

• Beneficial for Families: TPS helps individuals who have established their lives in the United States, often allowing them to remain with family members and contribute to their communities without fear of deportation.
• Humanitarian Considerations: The program is a response to crises, emphasizing the U.S. commitment to humanitarian aid and support for those fleeing violence or disasters.
• Political Factors: TPS has been the subject of political debate, particularly regarding its continuation or termination based on changing administrations and policy priorities.

Overall, the TPS program highlights the balance between addressing humanitarian needs and the U.S. immigration system’s complexities. Beneficiaries of TPS often face uncertainty about their future status, particularly during shifts in government policies.

Applying for Temporary Protected Status (TPS) involves several steps. Here’s how you can apply:

Step-by-Step Process to Apply for TPS:

1. Determine Eligibility:

• Ensure that your country is designated for TPS.
• Check that you meet the eligibility requirements, such as continuous physical presence in the U.S. and no disqualifying criminal convictions.

1. Gather Required Documents:

• Collect documents proving your identity, nationality, and continuous residence in the U.S. Some documents may include:
  • A valid passport.
  • Birth certificate.
  • Federal or state identification.
  • Employment records, school records, or rental agreements.

1. Complete the Application Form:

• Fill out Form I-821, Application for Temporary Protected Status. This form can be completed online or printed and filled out by hand.
• You might also need to complete Form I-765 (Application for Employment Authorization) if you wish to work while under TPS.

1. Prepare Your Filing Fee:

• Check the current fees for Form I-821 and Form I-765 on the U.S. Citizenship and Immigration Services (USCIS) website. Fees may vary based on age and whether you are applying for employment authorization.

1. Submit Your Application:

• Mail your completed forms along with all required supporting documents and the filing fee to the appropriate USCIS address. Ensure to check the USCIS website for up-to-date information on where to send your application based on your circumstances.

1. Attend Biometrics Appointment (if required):

• After submitting your application, you may receive a notice for a biometrics appointment where you will provide fingerprints, a photograph, and a signature.

1. Await Decision:

• USCIS will review your application and may request additional evidence or an interview. You can check the status of your application online on the USCIS website.

1. Receive Your TPS Approval:

• If approved, you will receive a notice regarding your TPS status and, if applicable, your employment authorization document (EAD).

Important Considerations:

• Filing Timeline: Be aware of the deadlines for applying for TPS, as they can vary based on country designations and may change based on current events.
• Legal Assistance: It’s advisable to seek assistance from immigration attorneys or accredited representatives if you have any concerns or complicated circumstances regarding your application.
• Keep Copies: Always keep copies of your application and any correspondence with USCIS for your records.

Resources:

For detailed and current information, forms, instructions, and updates, visit the USCIS website.