A New TPS for Haiti and Other Countries? The Biden Administration’s Last Act that could Alleviate the Fear of Nearly 900,000 Immigrants…temporarily!
Temporary Protected Status (TPS), a program shielding over 860,000 immigrants from deportation, faces renewed threat under President-elect Donald Trump’s second term.
Known for his hardline immigration policies, Trump’s administration may attempt to revoke TPS protections or allow them to expire. Such a move would not only disrupt lives but also reshape immigrant communities and harm local economies.
TPS, a lifeline for nationals from 16 countries facing extraordinary crises, has been expanded significantly under President Joe Biden. However, the Trump administration previously attempted to terminate TPS for several countries, arguing that conditions had improved. While legal battles delayed those plans, impending policy changes signal renewed uncertainty for TPS holders.
Although the threats remain significant, the current president could alleviate the fears of nearly 900,000 TPS holders by designating a new Temporary Protected Status for another 18 months.
Many immigrant advocacy groups are lobbying the Biden administration for such a decision, which would provide some level of protection to TPS holders if the Trump administration decides to end or not renew TPS for the 16 countries.
According to credible sources, discussions are underway at the Biden White House analyzing this possibility, as reported by several U.S. news outlets.
Should President Biden decide to renew or extend TPS for another 18 months starting on January 1, 2025, TPS holders would have legal protection until July 2026, providing an additional six months of coverage and a new TPS for immigrants arriving in the United States after July 1, 2024. The current TPS is set to expire in February 2026.
What is Temporary Protected Status?
Temporary Protected Status (TPS) was established in 1990 as part of the Immigration Act. It allows the Secretary of Homeland Security to designate countries for protection when extraordinary circumstances such as armed conflict, natural disasters, or epidemics make it unsafe for their citizens to return. TPS grants recipients temporary legal status to live and work in the U.S.
TPS is unique because it does not provide a pathway to permanent residency or citizenship. Its temporary nature leaves beneficiaries vulnerable to policy shifts, as seen with Trump’s first-term attempts to terminate it.
Haiti received TPS designation in 2010 following a catastrophic earthquake that devastated the nation’s infrastructure and economy. This marked one of the most significant TPS designations due to the scale of the disaster and the subsequent crises, including political instability and cholera outbreaks.
Other countries have received TPS for a variety of reasons:
Honduras (1999): Hurricane Mitch caused widespread destruction, displacing families and crippling the economy.
El Salvador (1990): A 12-year civil war led to massive displacement and violence, prompting the U.S. to grant temporary protection to Salvadorans.
Venezuela (2021): Political turmoil and economic collapse under the Maduro regime forced millions to flee.
Each TPS designation underscores the program’s humanitarian mission, but it also highlights the temporary and precarious nature of its protections.
Legal Framework for Granting TPS
TPS designations are authorized under federal law, specifically the Immigration Act of 1990. The Department of Homeland Security (DHS) evaluates country conditions to determine eligibility and duration, with extensions typically granted every 18 months.
This legal framework places significant discretion in the hands of the DHS Secretary. While Congress designed TPS to respond quickly to humanitarian crises, the lack of permanent protections leaves recipients at the mercy of changing administrations.
Contributions of TPS Holders
TPS holders are integral to the U.S. economy and society. According to a 2020 report by Cecilia Menjívar, a sociology professor at UCLA:
88% of surveyed TPS holders were employed.
Approximately one-third owned homes, demonstrating financial stability and investment in their communities.
Two-thirds of TPS holders had U.S.-born children, highlighting the family ties they’ve established.
TPS recipients are employed in industries such as hospitality, construction, transportation, and personal services, which rely heavily on immigrant labor. Many also contribute to their local communities through civic engagement, including church groups, neighborhood initiatives, and school organizations.
In addition, TPS holders send billions of dollars in remittances to their families abroad, supporting basic needs and community development in their home countries.
Trump’s Stance on TPS
During his first term, Trump sought to terminate TPS for over 400,000 immigrants from countries such as Haiti, Honduras, and El Salvador. His administration argued that conditions in these countries had improved, making it safe for their citizens to return.
However, critics accused Trump of racial bias, pointing to his derogatory comments about immigrants from Haiti and other countries. Advocates argued that the administration ignored evidence of continued instability and violence in these regions.
A 2018 lawsuit blocked the terminations temporarily, alleging that the administration failed to follow proper procedures and violated anti-discrimination laws. While President Biden later reinstated TPS for the affected countries, the legal battles remain unresolved and could resurface under Trump’s second term.
Impact of Ending TPS
If TPS protections are revoked, the consequences would be far-reaching:
1. Family Separations: Many TPS holders have U.S.-born children who would face the difficult choice of staying in the U.S. or accompanying their parents to countries they’ve never known.
2. Economic Disruption: Industries that rely on TPS labor, such as construction and hospitality, would face workforce shortages, potentially driving up costs and slowing growth.
3. Community Disintegration: TPS holders are deeply integrated into their local communities. Forcing them to leave would have ripple effects, impacting schools, neighborhoods, and local economies.
4. Global Impact: Ending TPS would reduce remittances sent to vulnerable families abroad, exacerbating poverty and instability in these countries.
Cecilia Menjívar emphasizes, “This is not a population that can be uprooted so easily. It will be quite impactful for the rest of the community to pluck them up and send them home.”
Legal Challenges and Congressional Action
While Trump has the authority to end TPS, such actions are likely to face legal hurdles. Advocates could argue that termination is racially motivated or procedurally flawed, as they did during his first term.
The other path to ending TPS would require congressional action to repeal the program. However, given the current political gridlock and narrow Republican majorities, this route seems unlikely.
Advice for TPS Holders
If TPS protections are revoked, recipients should:
1. Consult Legal Experts: Immigration attorneys can help explore alternative forms of relief, such as asylum or family-sponsored visas.
2. Advocate for Legislation: Engage with community organizations and lawmakers to push for permanent residency options for long-term TPS holders.
3. Document Contributions: Highlight their economic and social contributions to strengthen advocacy efforts.
Addressing the Key Questions
1. How Can TPS Holders Become Undocumented?
TPS holders become undocumented if the DHS Secretary decides not to renew their status or revokes it prematurely. This policy shift would strip them of legal protections, leaving them vulnerable to deportation.
2. What is TPS?
TPS is a temporary humanitarian program that allows nationals from designated countries to live and work in the U.S. when returning home is unsafe.
3. When Was TPS First Granted for Haiti and Other Countries?
Haiti: 2010 (earthquake)
Honduras: 1999 (Hurricane Mitch)
El Salvador: 1990 (civil war)
Venezuela: 2021 (political and economic collapse) and several other countries
4. How Was TPS Granted?
TPS is authorized by federal law under the Immigration Act of 1990, giving DHS the authority to designate countries for protection.
5. What Legal Battles Remain?
Lawsuits from Trump’s first term argued that his attempts to terminate TPS were racially motivated and procedurally flawed. While some rulings temporarily blocked terminations, these legal issues remain unresolved and could reemerge.
6. How Many People Hold TPS, and What Are Their Contributions?
Over 860,000 people hold TPS. They contribute significantly to industries such as hospitality and construction, own homes, and send remittances abroad. Their labor force participation is among the highest of any demographic.
7. What Should TPS Holders Do If Protections Are Ended?
TPS holders should seek legal counsel, advocate for legislative solutions, and document their contributions to bolster their case for remaining in the U.S.
For the original reporting, visit Nicole Narea’s article on Vox. This analysis highlights the urgent need for continued advocacy and support for TPS holders as their futures hang in the balance.
https://www.vox.com/policy/388685/tps-trump-haiti-venezuela-el-salvador-deportation