Once again, President Biden has reversed the immigration course taken by the Trump Administration regarding the Temporary Protection program.

TPS for the country of Sudan, was earmarked for expiration on May 2, 2022, has been extended to November 3, 2022.

TPS for South Sudan, whose termination was to take effect on November 2, 2018, remained in effect due to federal lawsuits only up to December 31, 2022.

However, under the Biden announcement, the nation has been redesignated for full TPS benefits.

Defeat in law, especially immigration law, should be taken with a grain of salt. It is not uncommon for policies and principles to change over time.

“When one door closes”, Alexander Graham Bell once noted, “another often opens.”

He could have been talking about the Temporary Protected Status program.

On June 7, 2021, the Supreme Court denied the eligibility of TPS beneficiaries to seek adjustment of their status to permanent residence without leaving the United States.

Is their hope of becoming a lawful permanent resident now gone forever?

On Dec. 5, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension of Haiti for TPS for 18 months, from Feb. 4, 2023, through Aug. 3, 2024.  This will enable Haitians who were had TPS status earlier to continue living and working legally in the United States for the duration of the designated period.

By virtue of the re-designation, Haitian immigrants who have been continuously residing in the United States since November 6, 2022 will be allowed to apply for TPS benefits for the first time during the new registration period.

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The program has been on its death bed since the Trump Administration announced its plan to terminate Haiti’s TPS status in January 2018.  Various lawsuits managed to keep the alive, pending the outcome of those cases.

After an exhausting up-and-down legal battle, the extension provides Haitians with the chance to once again breathe a temporary sign of relief.

The fundamental premise behind Temporary Protected Status is quite simple.

If the United States is truly the leader of the free world, it has a political obligation to lend a helping help to less fortunate nations.

Especially in their moments of crisis.

Like Syrian citizens who have escaped from a brutal civil war in their home country.

Is Canada the TPS solution?

A few days ago, Samuel, a client from Haiti, visited my San Bernardino immigration office. He wanted to talk about the future of the Temporary Protected Status program.

He worried that winning permanent residency was not in the cards. Samuel knew about the latest efforts to derail the TPS path to green cards through marriage.

Fearing deportation and a forced return to his home country, he confided he had been working on Plan B.

Nearly 20 years old, Honduras TPS and Nicaragua TPS are two of the longest-standing TPS programs.

However, termination dates for both programs have been set.

Nicaragua Temporary Protected Status benefits was designated for closure on January 5, 2019.

Honduras Temporary Protected Status has been scheduled to end on January July 5, 2020.

But due to pending lawsuits, the issue when and if TPS benefits for both nations will terminate is unclear.

Somalia Temporary Protected Status Update

Re-Registration Period For Current Beneficiaries: March 18, 2023 – May 12, 2023

First Time Registration Period: March 18, 2023 – September 24, 2023

Current Expiration Date: September 24, 2024

Temporary Protected Status For Somalia is our country’s oldest TPS program. Yet, conditions have not improved enough for Somalis to return safely to their homeland.

On January 12, 2023, Alejandro Mayorkas, director of the U.S Department of Homeland Security, extended and redesignated Temporary Protected Status for Somalia because the conditions in Somalia that prompted the original TPS designation remain ongoing and have been exacerbated in recent years.

“Longstanding conflict, along with natural disasters and disease outbreaks, has worsened an already severe humanitarian crisis. Somalia continues to be affected by terrorism, violent crime, civil unrest, and fighting among clan militias. These conditions prevent Somali nationals and habitual residents from returning safely.”

Based on this review, the Department of Homeland Security determined the 18-month extension was appropriate.