TPS Lawsuit

Lawsuit to Stop Blocking TPS Holders from Applying for Green Cards

Temporary Protected Status (TPS) is an important humanitarian protection for people who are in the United States when certain natural disasters or civil conflict strike their home countries, making it unsafe for them to return. Despite the fact that conditions in many of these countries have not improved since their nationals received TPS, the U.S. administration recently announced that it is ending protection for several countries. If the people who lose TPS are deported, this could ultimately force hundreds of thousands of people to return to destabilized countries.

A new lawsuit, however, could help some TPS holders who have especially strong connections to the United States qualify for permanent legal status in this country. Given the administration’s decision to terminate these protections, it is especially important that TPS holders have a fair opportunity to apply for another type of legal immigration status if they are eligible.

The lawsuit asks the court to stop immigration officials from denying TPS holders’ applications based on a faulty interpretation of the law and was filed as a class action in New York. The plaintiffs are TPS holders who have applied to be lawful permanent residents based on close family relationships or their employment.

When an immigrant applies to become a lawful permanent resident of the United States, he or she must meet a wide and rigorous set of eligibility criteria. One requirement is that the immigrant show that he or she has been “admitted and inspected” into the United States—essentially, that immigration officials reviewed and agreed to an immigrant’s request to be in the United States.