The Trump administration’s decision to end Temporary Protected Status (TPS) for hundreds of thousands long-standing members of our communities places them at risk of deportation when their status expires.
As a result, many TPS recipients who are eligible through family and work relationships are rushing to apply for permanent legal status.
The U.S. immigration system must provide a fair and consistent process for immigrants who are attempting to obtain their legal status, yet many TPS recipients are being denied just that.
To correct this wrong, we’ve just filed a class action lawsuit against the Department of Homeland Security (DHS) challenging its unlawful denial of legitimate applications and demanding it allow certain TPS recipients to become lawful permanent residents.
In particular, the suit challenges DHS’s refusal to recognize that under the Immigration and Nationality Act, a grant of TPS is an inspection and admission for purposes of an application for a lawful permanent resident.
As a result of its policy, TPS recipients who were inspected and admitted when they were granted TPS are being denied because, prior to their grant of TPS, they entered the United States without inspection.
The proposed class includes TPS holders who reside in the jurisdictions of the federal courts of appeals that have not ruled yet on the issue; thus, it includes those residing within the First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Tenth Circuits.
DHS’s misinterpretation of the law must be challenged and a fair and consistent policy must be put in place for TPS holders across the nation. To read the complaint visit: ImmigrationCouncil.org.