Eighth Circuit Court of Appeal’s rules TPS recipients as “inspected and admitted” Immigrant Legal Center Urges Individuals with TPS to Seek Immigration Counsel
Media Release News | October 29, 2020
FOR IMMEDIATE RELEASE 10/28/2020
San Juana Paramo, Communications and Development Coordinator
OMAHA, Nebraska-On October 27, the 8th Circuit Court of Appeals ruled that Temporary Protected Status holders are deemed “inspected and admitted” by virtue of the government’s conferral of their nonimmigrant TPS status. This is a legal victory for immigration advocates as inspection and admission are required for non-citizens to adjust status. For TPS holders facing the ongoing attempts to terminate TPS designations, many who have been living in the United States for decades and have U.S. born children, this ruling means more options for immigration relief.
An immigration solution for TPS recipients, is to adjust status to Lawful Permanent Residence, also known as having a “green card.” As a result of the Court’s ruling, TPS holders who have immediate U.S. citizen relatives, who can petition for them, can now adjust their status in the United States. They do not need to leave the country to interview and return-a process where they could be banned from reentering the U.S. and expensive waiver applications.
The TPS program, a humanitarian form of lawful immigration, has been in place since the 1990s providing safety for disaster-displaced immigrants and enriching our communities. Secretaries of Homeland Security extended TPS eligibility to people from designated countries because conditions in a foreign country prevent its citizens from returning safely. Many TPS recipients still face losing their TPS status because of the Trump administration’s ongoing attempts to terminate TPS.
“Nebraska is better when we welcome immigrants into our communities, including the over 1,500 Nebraskans that have TPS status,” said Erik Omar, executive director of Immigrant Legal Center. “We are pleased by the Court’s decision and encourage TPS holders to seek immigration counsel to determine if they now have new options for relief.”
There is an estimated more than 300,000 TPS holders in the United States from 10 designated countries, with more than 90% of TPS holders from El Salvador, Honduras, and Haiti. Nebraska is home to 1,500 TPS holders from El Salvador, Honduras, and Haiti along with their 1,500 U.S.-born children.
If this news impacts you, consider calling the Nebraska Immigration Legal Assistance Hotline (NILAH). NILAH offers free, confidential intakes, for consultations and referrals call 1-855-307-6730.
Leymis Velasquez v. William P. Barr
U.S. Court of Appeals Case No: 19-1148 and No: 19-2130
U.S. District Court for the District of Minnesota
TPS Holders in Nebraska by CAP Immigration Team
ABOUT IMMIGRANT LEGAL CENTER
Immigrant Legal Center (formerly Justice For Our Neighbors-Nebraska), is a nonprofit immigration legal services agency that provides free, professional legal consultation, clinics and court representation to immigrants who have incomes at or below 150% of the federal poverty level. The Omaha-based Immigrant Legal Center (ILC)—founded as JFON-NE in 1999—remains an affiliate of the Justice For Our Neighbors Network of 16 Sites offering more than 40 legal clinics for immigration services across the country.