Temporary Protected Status for the Philippines in the wake of typhoon Haiyan/Yolanda. www.faldef.org

1. TEMPORARY
PROTECTED
STATUS (TPS)
Licelle Cobrador, Esq.
Patricia Astorga, Esq.
JT S. Mallonga, Esq.

2. WHAT IS TEMPORARY PROTECTED
STATUS (TPS)
 Temporary
Protected Status is a
TEMPORARY, HUMANITARIAN FORM OF
RELIEF for those who are in the United
States in the case of the ongoing conflict or
an environment disaster in their country of
origin.

3. HOW IS A COUNTRY DESIGNATED WITH
TPS





The decision to designate a country for TPS is based upon specific
criteria outlined by the United States Congress in Section 244 of the
Immigration and Nationality Act (INA), 8 U.S.C. Section 1254a, and is
vested in the Secretary of Homeland Security.
The decision rests with the executive branch of the federal
government. Congress does not vote on it.
To start the process the Philippine government should make the
request for TPS designation.
After the request is made, the Secretary of Homeland Security, in
consultation with the appropriate agencies such as the Dept of State,
will then decide whether to grant the request.
The designation becomes effective once it is published in the Federal
Register.

4. WHAT IS THE EFFECTIVE PERIOD OF TPS
DESIGNATION FOR FOREIGN STATES?

It takes effect upon the publication of designation as specified
by the AG, not less than 6 months and not more than 18
months.

A periodic review at least 60 days before the end of the initial
period of designation.

If the AG determines that a foreign state (or an part of the
state) no longer continues to meet the conditions for
designation under paragraph (1), the AG shall terminate the
designation by publishing notice in the Federal Register of the
determination under this subparagraph.

5. WHO ARE ELIGIBLE FOR TEMPORARY
PROTECTED STATUS?
To be initially eligible for TPS, an individual must:
-
-
Be a national of a country designated for TPS, or a person without
nationality who has last habitually resided in the designated
country;
Register for TPS status during the initial registration period;
Demonstrate continuous physical presence in the U.S. since the
effective date of the designation; and
Demonstrate continuous residence in the U.S. since the date
specified in the designation.

6. An alien is NOT eligible for TPS if the person has
been:




Convicted of any felony or two or more
misdemeanors committed in the U.S.
Found to be inadmissible to the U.S. under 212(a),
including a non-waivable criminal and securityrelated grounds; or
Subject to any of the mandatory bars to asylum.
A person can also be deemed to ineligible if they fail
to re-register or fail to maintain continuous physical
presence and continuous residence in the U.S.

7. What TPS Can Do:

During a designated period, individuals who are TPS
beneficiaries or who are found preliminarily eligible for TPS
upon initial review of their cases:
- Are not removable from the U.S.
- Can obtain an employment authorization document (EAD)
- May be granted travel authorization

8. Other immigration relief measures available:








Change or extension of nonimmigrant status for an individual currently in the U.S.,
even when the request is filed after the authorized period of admission has
expired;
Extension of certain grants of parole by USCIS
Extension of certain grants of advance parole, and expedited processing of
advance parole status.
Expedited adjudication and approval, where possible, of request for offcampus employment authorization for F-1 students experiencing severe
economic hardship
Expedited processing of immigrant petitions for immediate relatives of US
citizens and lawful perm residents (LPRs)
Expedited adjudication of employment authorization applications, where
appropriate; and
Assistance to LPRs stranded overseas w/o immigration/travel doc’s such as Perm
Resident Cards.
(source: USCIS)

9. What TPS is NOT:


TPS is temporary benefit that does not lead to lawful
permanent resident status or give any other immigration status.
However, registration for TPS does not prevent you from:
- Applying for nonimmigrant status.
- Filing for adjustment of status based on an immigrant petition
- Applying for any other immigration benefits or protection for
which you may be eligible

10. WHO ADMINISTERS TPS?

The U.S. Citizenship and Immigration Services
(USCIS) is the agency of the Dept of Homeland
Security (DHS) that is responsible for administering
the TPS Program.

USCIS monitors country conditions and evaluates
them to determine whether it could be designated for
TPS under appropriate statutory requirements.

11. What countries have received TPS?

The current TPS designated countries include:.
- El Salvador
- Haiti
- Honduras
- Nicaragua
- Somalia
- Sudan
- South Sudan
3/9/2001
7/23/2011
1/5/1999
1/5/1999
9/18/2012
5/32013
5/3/2013
to
to
to
to
to
to
to
3/9/2015
7/22/2014
1/5/2015
1/5/2015
3/17/2014
11/2/2014
11/2/2014
- Syria
10/1/2013 to
3/31/2015

12. How would the Philippines get TPS
designation?
The decision to designate a country for TPS rests with the
executive branch of the federal government. Congress does
not vote on it, though members of Congress may ask the
President to designate a particular country.
To start the process the Philippines government should make the
request of the U.S. government through the diplomatic
channels. After the request is made, the Secretary of
Homeland Security, in consultation with the appropriate
agencies such as the Department of State, will then decide
whether to grant the request. The designation only becomes
effective once it is published in the Federal Register.

13. Why should the Philippines be designated for TPS?
-
Typhoon Haiyan impact:
235 mph wind speed of Haiyan when it hit the Philippines, Category 5
125 mph wind speed of Katrina when it hit Louisiana, Category 3
80 mph wind speed of Sandy when it hit New Jersey
-
Due to the level of damage and restoration required for the
Philippines to reabsorb its nationals from abroad, many of whom
have homes that were destroyed by the typhoon.
-
A grant of TPS would allow Filipinos here in the U.S. to work and
support their families who were impacted by the typhoon.
Remittances account for almost for almost 10 percent of the
Philippines’ Gross Domestic Product. Now more than ever, those
funds are needed to help support the recovery process.

14. TIMELINE OF TEMPORARY
PROTECTED STATUS

15. NOVEMBER 8, 2013

Superstorm Typhoon Haiyan kills 6,201 people,
28,626 injured, 1,785 still missing

A total of 3,424,593 families/16,078.181 persons
affected

Total cost of damages remained at
PhP36,690,882,497
(Source: www.ndrrmc.gov.ph)

16. NOVEMBER 18, 2013
 USCIS
Director Alejandro Mayorkas
responds to AILA President, T. Douglas
Stump and, Executive Director, Crystal
Williams, letter urging Acting Secretary of
Homeland Security Rand Beers to designate
the Philippines with TPS Status.

17. NOVEMBER 19, 2013
 House
of Representatives signs a resolution
letter to The Honorable Rand Beers, Acting
Secretary Dept of Homeland Security, stating
that the Philippines meets necessary
requirements of a TPS Status.

22. NOVEMBER 20, 2013
 United
States Senate signs a resolution letter
to The Honorable Rand Beers, Acting
Secretary Dept of Homeland Security, stating
that the Philippines meets necessary
requirements of a TPS Status.

26. NOVEMBER 22, 2013

USCIS initiates action by, not only expressing sympathy for the
devastation, setting up a home page in their website about
existing relief measures available to Filipino nationals.

USCIS also mentions how members of Congress and the
community have requested that the Philippines receive a
designation of Temporary Protected Status.

27. DECEMBER 13, 2013
 President
Ninoy Aquino sends a letter
requesting the U.S. government to designate
the Philippines for Temporary Protected
Status.

28. QUESTIONS and
ANSWERS