Immigration advocates offer insight, impact of U.S. ruling on TPS

Legal protections for millions of immigrants under the temporary protected status program (TPS) are up in the air following a U.S. Supreme Court ruling in late June that has left many, including those in Santa Cruz County, confused as to what this means for their status. 

Immigration attorney Lizett Rodriguez Peña says confusion surrounding the ruling stems from people believing that the Supreme Court got rid of TPS outright. 

“But, it’s not what happened,” Rodriguez Peña said, a Watsonville native who is based in Hollister but has clients across the tri-county region.  

Rather, the court gave more authority to the Department of Homeland Security to end these types of designations without interference from lower federal courts that may block any decisions made by the department, she said. 

The temporary protected status program, established in 1990 through the Immigration Act of 1990, grants work permits and protection from deportation to immigrants from specific countries that may be experiencing civil war or environmental disasters. Some of the countries that have a TPS designation include El Salvador, Sudan and Haiti.

Designations can be made for 6, 12, or 18 months at a time, and DHS can extend them if needed, said Rodriguez Peña. 

While the Supreme Court has given more authority to DHS over TPS designations, Rodriguez Peña told Lookout that the department doesn’t have the power to “just end it randomly.” It will still need to provide notice if officials decide to end or extend this status for countries on the list. 

For example, El Salvador’s TPS designation was originally set to expire in March, but federal officials extended that date through Sept. 9. If DHS chooses to end El Salvador’s status, it will need to publish its decision at least 60 days before it expires, said Rodriguez Peña. 

However, this is where challenges and even more confusion lie, said Rodriguez Peña. There’s “no clear guidance” on how DHS needs to notify people, she said; the department can simply point toward the U.S. Citizenship and Immigration Services (USCIS) website or the Federal Register. 

The websites are challenging and sometimes confusing to navigate — even for immigration attorneys — as changes in policy continue to happen, which in turn makes it harder for individuals trying to check their status. 

“All we know is that they are required to provide announcements about the TPS decisions through the federal register,” she said. 

If DHS moves to end temporary protected status for various countries on its list, those who have it will lose any legal protections and the ability to work in the United States lawfully, making them an easy target for deportations, Rodriguez Peña said. 

“You would be required to leave [the United States] to a country you were fleeing because of war,” she said. “At that point there’s no protection for them, unless they qualify for another legal immigration status to remain in the United States.” 

She and other immigration advocates believe mass deportation will follow because federal immigration officials now have the information of thousands of immigrants who have lost their legal status. 

Rodriguez Peña added that this ruling will have an impact on the economy. “A lot of these people have been working here lawfully for many years,” she said, and are working in various industries, such as healthcare.  

Some of her clients in Santa Cruz County have jobs in hotels and restaurants, industries where Rodriguez Peña also believes will be impacted. However, the impacts won’t be seen until after that expiration date comes. 

“For Salvadorians, if the expiration date for the TPS status doesn’t get extended beyond Sept. 9, we’ll have to see whether there will be an effect on the economy and how would we see that?” Rodriguez Peña said. 

A lot of those clients are also feeling pressure from employers notifying them of their status expiring soon, she said. “That’s obviously creating panic and stress because it’s really unknown what’s going to happen.” 

Rodriguez Peña recommends individuals with TPS get a consultation with an immigration attorney, as every case is different. 

“You really want to evaluate your case, where you’re at, what’s the expiration date — if it expired — and whether there are any other avenues that would allow you to stay in the United States with lawful status,” she said. 

Everyone, especially families, should create a safety plan to know what to do in case a loved one is detained by federal immigration officials, she said. Immigration advocates across Santa Cruz County are continuing to partner with local schools to help families establish their own plans. 

“It’s really upsetting, and I know there’s a lot of frustration because a lot of these individuals have been here for a really long time, so the effects on the person and the social factors are way bigger than what we think it is,” she said.