Grassley Seeks Information on Reviews of Decades-Old Temporary Protected Status Designations
Grassley Seeks Information on Reviews of Decades-Old Temporary Protected Status Designations
TPS was established by
Several TPS designation reviews are required by law in the next several months. In a letter to Acting Secretary of Homeland Security
Grassley's letter to Duke follows.
VIA ELECTRONIC SUBMISSION
The Honorable
Acting Secretary
Dear Acting Secretary Duke:
I am writing to ask that you ensure that your periodic review of the Temporary Protected Status (TPS) of currently designated countries is faithful to
As you know, the Immigration and Nationality Act (INA) gives you the authority to designate a country in order to confer TPS on its nationals if: there is ongoing armed conflict posing a serious threat to personal safety; the country requests TPS because it temporarily cannot handle the return of nationals due to environmental disaster; or there are extraordinary and temporary conditions that prevent aliens from returning, provided that granting TPS is consistent with
As the name suggests, temporariness is a core element of TPS, but some populations have enjoyed this status for close to two decades. Currently designated countries, with the original year of designation, are:
In most cases a nonimmigrant visa applicant must prove, to the adjudicating consular officer's satisfaction, that the applicant intends to return to his or her "residence abroad" after traveling to the United States.[28] Although in some cases, the place of a "residence abroad" may not be the applicant's country of nationality, in most cases the two will be the same.[29] This means that in 2016 alone,
I hope you will explore and pursue these long overdue opportunities to return populations of otherwise unauthorized immigrants to their homes, where they can be of most use. Given the number of upcoming TPS reviews and the size of the population shielded from removal by this program, I would appreciate additional information regarding how you intend to manage the problem. Specifically, I request that you respond to the following questions no later than
1. What steps do you take, and what sources do you consult, in conducting a periodic review of a country's Temporary Protected Status?
a. Several of the countries eligible for H-2B visas are also among those designated for Temporary Protected Status. Given that a nonimmigrant visa may only be issued if a consular officer determines that a visa applicant is not an intending immigrant, visa issuance suggests that a
2. Does your agency (or any of its components) collect information regarding the immigration status of a TPS applicant, at the time an application (or request for renewal) is submitted?
a. If the answer to question #2 is "yes," of those aliens who have been granted TPS in the past, what percentage were present in
b. If the answer to question #2 is "no," please explain why your agency does not collect such information.
3. Once TPS is terminated, what steps does your agency take to ensure the departure of aliens previously shielded from removal by the TPS designation" Please describe all mechanisms (notices, removal, etc.) in detail.
a. Once an individual applies for TPS,
Thank you in advance for your cooperation with this request. If you have questions, please contact
Sincerely,
-30-
[1] See INA S.244.
[2] INA S. 244(b) lists requirements for a country to be covered under TPS.
[3]
[4]
[5]
[6]
[7] S. 244(b).
[8] S. 244(f).
[9] S. 244(c).
[10] TPS for
[11]
[12] S. 244(b)(3).
[13]
[14] Charles, Jaqueline, The countdown for Haitians with TPS has started. And that has many in
[15] Schulz, Jennifer and Batalova, Jeanne, Haitian Immigrants in
[16] Memo from McCament. James W., Acting Dir.
[17]
[18] Charles, Jaqueline, Haitians Get 6 months of protection from deportation - but told to prepare to leave
[19] See generally
[20] See USCIS, TPS available at https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-el-salvador.
[21] Nationality Table.
[22]
[23] See USCIS, TPS available at https://www.uscis.gov/humanitarian/temporary-protected-status.
[24] Nationality Table.
[25] Issuing Office Table.
[26] Nationality Table.
[27] Issuing Office Table.
[28]
[29] In some cases, the country of origin may not be the same as the country of nationality. Although some of the El Salvadoran, Honduran, and Nicaraguan nationals who received nonimmigrant visas in 2016 may have applied at a consulate or embassy outside of their country of nationality, the similarity between the number of visas issued to nationals, and the number of visas issued from posts within the country, suggests that there is at least a rough correlation between the two statistics. In short, it appears likely that most El Salvadoran nationals who apply for a
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