MEMO: Trump Administration’s Decision to End TPS Designations for El Salvador, Honduras, and Haiti Ignored Risks to U.S. National Security and Safety of More Than 400,000 People
TO: Interested Parties
FROM: Senate Foreign Relations Committee Democratic Staff
DATE:
RE:
"I am concerned that then-Secretary Tillerson recommended that the
"Then-Secretary Tillerson issued his recommendation [...] despite several strong warnings that doing so would harm
- Senator
SUMMARY
Based on an investigation by
Over multiple months, SFRC Democratic Staff conducted a comprehensive in-person review of the
* An
*
* Diplomatic cables from the
SFRC Democratic Staff determined that then-Secretary Tillerson's recommendation that the
Moreover, in issuing his recommendation to terminate the TPS designations for
In the aftermath of the
Secretary of State Pompeo must reexamine his predecessor's flawed decision and issue a new recommendation that properly addresses the risks to
MAIN CONCLUSIONS
* In his
* Then-Secretary Tillerson also stated in his
* In the
*
* In the
*
* In diplomatic cables, officials at the
* In a diplomatic cable, officials from the
* In a diplomatic cable, officials from the
* Then-Secretary Tillerson's recommendation in his
*
STATUTORY AUTHORITY FOR TPS
Country
Individuals with TPS[1]
# of
262,526
192,700
58,557
53,500
86,031
27,000
Total
407,114
273,200
Data provided to the
Since 1990, federal immigration law has provided a statutory mechanism by which aliens present in
*There is an ongoing armed conflict that prevents the safe return of nationals from that country;
*There has been an environmental disaster in the country (such as an earthquake, flood, drought, or epidemic) that substantially disrupts living conditions in the area affected; the country is unable to adequately handle the return of alien nationals; and the country has officially requested TPS designation; or
*There are "extraordinary and temporary conditions" in the foreign country that prevent alien nationals from safely returning (unless the agency finds that permitting the aliens to remain temporarily in
Under the TPS statute, the Secretary must periodically re-evaluate country designations. At least 60 days before a particular designation expires, the Secretary must "review the conditions in the foreign state... for which a designation is in effect" and determine whether the country still meets the conditions for TPS.[4] This periodic-review requirement also entails consultations with appropriate government agencies and publication of notice in the
Although TPS, by its terms, is a temporary designation,
However, under the
This Administration's termination of TPS for
[1]
[2]
[3] 8 U.S.C. S.1254a(b)(1).
[4] 8 U.S.C. S.1254a(b)(3).
[5]
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