Ukraine Designated for Temporary Protected Status

On March 3, 2022, the Department of Homeland Security (DHS) designated Ukraine for Temporary Protected Status (TPS). This designation lasts for 18 months from the date the designation is published in the Federal Register. As of the date of this article, the designation has not been published in the Federal Register.

The Secretary of DHS stated that, “Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries. In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.” In response to this crisis, DHS has designated Ukraine for TPS. If you are granted TPS, you are in lawful status for the period of your TPS and are eligible for employment authorization.  

Are you eligible? 

Ukrainian nationals residing in the U.S. are eligible for TPS if they meet the following requirements: 

1. You must have continuously resided in the U.S. as of March 1, 2022; 

2. You must file you application for TPS within the registration period; 

3. You must establish that you are otherwise eligible for TPS. There are certain bars to eligibility which an attorney can discuss with you if you are interested in applying for TPS. 
   If you have questions about your eligibility for TPS, please contact us at www.fourcornerslaw.com or 503.446.3396.

Court of Appeals Clears Path for Trump Administration to End TPS

Temporary Protected Status, or “TPS,” has long been targeted by the Trump Administration as a program it would like to terminate. TPS is available to nationals of certain countries that the Department of Homeland Security has designated as a country to which it is not safe to return or which cannot handle the return of their citizens. In 2018, the government attempted to end TPS for nationals of Sudan, Nicaragua, Haiti, and El Salvador. The government also attempted to end TPS for Nepal and Honduras. A court prevented the government from ending TPS for Sudan, Nicaragua, Haiti, and El Salvador. After that ruling came down, the government also paused its plans to end TPS for Nepal and Honduras while they appealed the court’s decision. 

The government appealed the order causing them to postpone ending TPS for the above-mentioned countries to the Ninth Circuit Court of Appeals. Unfortunately, the Ninth Circuit held that even though there was evidence that Trump displayed racial animus toward non-white, non-European immigrants, there was no evidence that he sought to influence phasing out TPS. Therefore, barring Supreme Court intervention, the administration is now free to proceed with its plans to phase out TPS. 

The government has not yet issued guidance regarding how it plans to implement phasing out TPS. However, you can check this page on the USCIS website for updates. If you have TPS and are curious how this will impact you, please call or email us. 

The Current State of DACA - What Applications Will USCIS Accept and What Applications will USCIS Reject?

In a recent order by the U.S. Supreme Court, the Supreme Court rejected the Trump Administration’s termination of the Deferred Action for Childhood Arrivals (DACA) program. It is important to remember that the Court did not rule that DACA is lawful. The Court ruled that the administration’s termination of the program did not comply with the required legal provisions. In a later decision, a federal court ordered USCIS to accept new DACA applications and applications for Advance Parole. However, USCIS is not complying with that order. 

Currently, USCIS will accept DACA renewal applications and will issue one-year renewals on a case-by-case basis. It will not grant advance parole documents absent exceptional circumstances. USCIS will reject any applications filed by applicants who have never before been granted DACA. These rejections will likely be the source of many lawsuits in the very near future. Therefore, there may be a benefit to applicants who file new applications even if the applications will be rejected because it could make you eligible for benefits resulting from litigation.