Federal court blocks TPS immigrants from accessing the Green Card

Federal court blocks TPS immigrants from accessing the Green Card Thousands of TPS migrants will be affected after the ruling The ruling ...

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  • Federal court blocks TPS immigrants from accessing the Green Card
  • Thousands of TPS migrants will be affected after the ruling
  • The ruling indicated that these immigrants protected by TPS will not be able to access the residence

A federal court blocked the possibility of thousands of immigrants protected by the Temporary Protected Status (TPS) program from accessing the Green Card.

The program that mostly protects Central Americans provides protection for more than 300,000 immigrants in the U.S, says the Efe news agency.

Immigrants TPS green card

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What does this mean for TPS immigrants?

The ruling released late on Friday by the Fifth Circuit Court of Appeals, based in New Orleans, indicated that immigrants receiving TPS cannot access legal permanent residence if they entered the country “illegally,” a requirement, in his opinion, essential to be able to obtain the Green Card.

In a ruling in the case of the Honduran Luis Rodríguez Solórzano against the United States Citizenship and Immigration Services (USCIS, for its acronym in English), the Court of Appeals dismissed a lawsuit filed by the Central American in his attempt to obtain the Green Card.

Immigrants TPS green card

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According to court documents, the Honduran entered the United States without documents in 1997 and two years later the TPS was designated for his country due to the passage of Hurricane Mitch.

Rodríguez Solórzano applied for and received TPS, which allowed him to stay and work legally in the United States, where his wife is a citizen, who in 2014 submitted a visa application on his behalf.

It was then that USCIS asked the immigrant to provide evidence of their legal admission to the country, to which Rodríguez Solórzano submitted a brief arguing that, because he had TPS, he could adjust his status without that evidence.

The ruling gave the USCIS ‘reason’

Rodríguez Solórzano’s argument was rejected by the USCIS. And the appeals court now agreed with USCIS and assured that the TPS “does not exempt” Solórzano from the requirement to be inspected and admitted to the United States. “

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Therefore, as “he was never legally admitted, now he cannot try to adjust his status,” says the court cited by Efe.

With this ruling, the Fifth Circuit agrees with similar decisions of the courts of appeals of the third and eleventh circuits, although it is contrary to the opinions of the sixth, ninth and eighth circuits.

Courts had considered that the TPS eliminated the requirement

These appeals courts considered at the time that the TPS eliminates the requirement of inspection at the border, thus allowing the holders of this immigration protection program to aspire to become legal residents.

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The TPS program grants a temporary legal residence with a work permit for citizens of a group of countries designated by the US government, such as places where there have been natural disasters or where people flee due to violence, indicates Efe.

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Currently, the program covers citizens of ten countries, some of them Central American such as El Salvador, Haiti, Honduras and Nicaragua, as well as other parts of the world such as Nepal, Somalia, Sudan, South Sudan, Syria and Yemen.

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In the United States, there are more than 320,000 immigrants protected by the TPS, including some 195,000 Salvadorans, 57,000 Hondurans, 46,000 Haitians and 2,500 Nicaraguans, according to data from the Pew study center.

Honduran migrants request new TPS

Each Honduran migrant in the United States supports an average of five people in their country, said the September 15 Foundation on Friday, calling on President Joe Biden to grant a new TPS to a community that is the economic engine of a Honduras. in crisis and “isolation”.

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Juan Flores president of the September 15 foundation, highlighted the consequences that a massive return of migrants to their country would have if they cannot continue here.

“From non-formal statistics we know that there are over one million Hondurans without immigration status,” Flores said in response to a question from Efe.

Filed Under: Immigrants TPS Green Card

The post Federal court blocks TPS immigrants from accessing the Green Card appeared first on Hispanic World.