DHS is extending Temporary Protected Status (TPS) documentation for six countries
The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) related documents for beneficiaries with TPS from El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal. The TPS extension will extend the current expiration of these countries in 2020 until January 4, 2021.
This extension of TPS automatically extends the validity of Employment Authorization Documents (EAD); Forms I-797 Notice of Action; and Forms I-94 Arrival/Departure Record (collectively, TPS-related documentation).
Changes in Asylum Processing make Central American Asylum Claims Exceptionally Difficult to Pursue - Litigation Already Underway Challenging the New RulesThis year has seen the implementation of the new "remain in Mexico" policy where intending asylees from central american countries are forced to live in Mexico while their asylum claims are processed both administratively and before the Courts. Not only does this violate longstanding policy, but it may also violate international law. We have already heard stories of persons from Guatemala being kidnapped, robbed, and threatened in Mexico while waiting for their cases to be heard in the United States. Even worse, the remain in Mexico policy makes it prohibitively expensive to hire private counsel in these types of cases since an attorney must literally travel internationally each time he wants to meet face-t0-face with his client. Organizations such as the ACLU and AIC have already initiated litigation challenging the legality of this policy.
Also, this month the Supreme Court lifted an injunction against the implementation of a regulation requiring intending asylees to apply for asylum in any country through which they pass when coming to the U.S. border. We have yet to see how this policy plays out as it appears to us to be impossible to implement especially since Guatemala recently withdrew from a previous agreement to be deemed a "safe third country". For the time being, it is our expectation that government will simply deny every single central american asylum claim as the Supreme Court has essentially given them the green light to do so.
(Berke's opinion: True to form and habit, the administration has adopted policies that are entirely counterproductive to its stated agenda of making the U.S. safer and more secure. Intending asylees who present themselves at the border are processed, fingerprinted, screened, and vetted. The new policies will cause intending asylees to seek to enter the United States without first presenting themselves at the border--in other words, unscreened, unfingerprinted, and unvetted which, obviously, does not comport with the current administrations stated goals.)
Family Preparedness Plan
Published by Immigrant Legal Resource Center:
- Know Your Rights - Everyone both documented and undocumented persons - have rights in this country. Know the right to remain silent.
- Find Out About Your Immigration Options - Talk to a trusted legal services provider to see if there is a way for you to get immigration status or, if you already have some type of temporary immigration status, to get a green card or U.S. citizenship. If you have a criminal arrest conviction, found out how that can effect your immigration situation.
- Make a Child Care Plan - Have a plan so that a trusted adult can care for your child if you cannot. Include emergency numbers, a list of important contact information and a file with important documents.
For more information go to www.ilrc.org
Update on Ramos V. Neilsen
Published by USCIS:
In its Oct 3, 2018 order, the U.S. District Court for the Northern District of California enjoined the Department of Homeland Security (DHS) from implementing or enforcing the determinations to terminate Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti, and El Salvador while the case continued its way through the legal system. DHS may not terminate TPS for those countries while the order remains in effect. To comply with the court’s injunction, on March 1, 2019, DHS published a second FRN that automatically extended through January 2, 2020, the following documents described in the notice: Employment Authorization Documents (EADs); Forms I-797, Notice of Action (Approval Notice); and Forms I-94, Arrival/Departure Record, (collectively, “TPS-Related Documentation”) for eligible, affected beneficiaries of TPS for Sudan, Nicargua, Haiti, and El Salvador.
Who does it affect:
This affects any person who has Temporary Protected Status (TPS) and is from Sudan, Nicargua, Haiti, and El Salvador.
If you, friends or family fall under this judgement and need help, contact our offices. Our offices have super lawyers who have experience in all immigration matters.
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