TPS terminally ill! reality or nightmare?

January 1, 2018 by Jose Perez

The constant attack of the Trump administration became reality to millions in the last 60 days. Reality or Nightmare? Clearly, for the millions affected by the Trump administration’s decisions on immigration is a nightmare. For us, lawyers and human rights advocates, it is reality and we must face it with strength in order to be able to defeat him and his administration in court battles.

These past few weeks there has been a lot of movement in ICE, DHS, Border Patrol and jails. The Trump administration two months ago announced the end of the Deferred Action for Childhood Arrivals, which left without papers close to one million documented youth. Last month, he initiated the end of all Temporary Protected Status programs. This decision now leaves close to 500,000 documented immigrants. But the problem does not stop there. Statistics show that those 1.5 Million people who were documented and now they are not have extended families in approximately 15 million people that includes spouses, children and even parents who are United States citizens and will face forced deportation based on the intention of the Trump administration.

The Trump administration started the termination of the Temporary Protected Status (referred to as TPS) designation for Haiti and this will happen in eighteen months. Certainly, the decision to terminate the TPS designation for Haiti is another attack in a long line of attacks on immigrant communities. This attack will result in family separation and hardship and benefits no one. More than 55,000 Haitians will have to leave the United States.

It is also clear that as immigration rights advocates we believe that these vicious attacks will lead to light. A light that will be provided by Congress. Congress must act now to provide a permanent solution for these immigrant families and all other recipients of TPS past and present, including people from Nepal, Syria, Yemen, El Salvador, Honduras, Nicaragua, Sudan, South Sudan as well as Haitians. We urge, we beg, no, we demand, Congress members and Senators to join the bills in Congress to provide relief for people with TPS.

We should not lose sight of the fact that these TPS holders are not free of fear, of tragedy or devastation; they are survivors. Following tragic events in their home countries, TPS holders have rebuilt their lives in the United States and have become part of our communities. Taking away the TPS protection of these immigrants who had work authorization and deferred action is plainly cruel and goes against our values as a country. We were once a country of immigrants. I strongly believe we still are. We will continue to fight for our communities to ensure that immigrants and refugees are treated with dignity and respect. They are human beings, not animals as the Trump administration commonly referred to immigrants.

For now, Haitians living in the United States who had protection under TPS, it has been terminated. In any event, “temporary” really means not for long or forever. We get that. That is why, we need to push for a permanent legislative solution for TPS holders to protect them from being returned to countries, like Haiti, that are unable to safely receive them.

This war waged by the Trump administration against Brown people has certainly escalated. There is not a single decision that benefits immigrants or non-white people. It is becoming clear the white supremacist agenda the administration holds. This decision is heartless, inhumane and cruel.

Now we know that when there are rumors about the Trump administration’s attacks on immigrants and their families, we have to get ready for battle because nothing good will come out of those rumors. What we have suspected have come true. Congress must be pushed to pass the Secure Act and the American Promise Act so that TPS holders don’t have to be rushed out of their homes.

So, where we stand with TPS now? So far this year, we have seen the termination of TPS for Guinea, Liberia, Sierra Leone, Sudan, Nicaragua, and now Haiti. The decisions to terminate TPS for all of these countries in unconscionable, to say the least. So, can he just get rid of all TPS protections? yes, he can. However, his administration was supposed to follow protocol and the laws and policies require careful country assessment before decisions are to be made. These assessments did not take place.

These immigrants now own houses, cars, farms, businesses, to name a few. Are we just going to unroot all these ties? We must fight back. These attacks will tear apart families, cause unnecessary turmoil in our communities and damage our economy. Not to mention the fact that we are deporting people back to places that has been devastated by earthquakes, massive hurricanes, and a cholera epidemic.

So what is next? We believe that the Trump administration will continue the attack by eliminating preferences in the family petition process, will eliminate the provisional waiver provisions for those undocumented people married to United States citizens and will probably end all prosecutorial discretion of ICE and Border Patrol agents. So, we promise we will continue fighting for the rights of the immigrant community in local immigration court, at the appellate level and even in the Supreme Court of the United States. You are not alone!

We believe we can defeat this administration’s reckless decisions in immigration, but it will not be easy. We need your support as well in calling your elected officials to side with immigrants and not with Hitler’s oriented policies.

You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about the current status of TPS and other immigration policies.

I represent individuals in immigration cases. If you have any questions or concerns about an immigration case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at The Law Office of Jose Perez is located at 120 East Washington Street, Suite 925, Syracuse, New York 13202. Now with offices in Buffalo and Rochester.

Please follow and like us:

Leave a Reply