D067 Support Temporary Protected Status
Temporary Protected Status came about to address protection gaps in the US asylum system. It was created in 1990. It authorizes the attorney general to designate a foreign country or part of a country for TPS if it meets one the following criteria:
- An ongoing armed conflict there that would pose a serious threat to the personal safety of its returning nationals;
- A request from a foreign government not to return its nationals because of an environmental disaster such as an earthquake, flood, drought, or epidemic that caused substantial but temporary disruption of living conditions; or
- Other extraordinary and temporary conditions that prevent nationals of the state from returning in safety.
TPS has been a useful tool in saving hundreds of thousands of people from having to return to their country of origin when there is a danger in their country. Unfortunately, it has flaws.
First, it is legal limbo, as once designated you can stay in the United States, but you have no ability to become a citizen. Once the status ends (which is announced sixty days before the end date), you go back to your prior status, which may be no status. Therefore, you have sixty days to leave the United States or face dire consequences. And to be granted a different status, many times you must leave the United States and go to the country, which may still be experiencing the calamity, to change your status. That return to your home country may be your only way to become a US citizen.
Second, it only covers those who were in the US when the status was designated. Therefore, if you experienced the war/climate crisis/epidemic and then left for the US, you may not be eligible for status.
Finally, TPS designation is very political. The attorney general has designated some countries but not others which have the same calamity happening to them. For example, as of this writing, Darfur is not on the list. Darfur is currently a humanitarian calamity, yet it is not on the list.
The General Convention last addressed this issue in 2015 with 2015-D074. This resolution, which passed, not only was specific for Guatemala, but also referenced TPS when also describing asylum, which is a different form of immigration relief. This resolution will allow for The Episcopal Church to effective advocate for those with Temporary Protected Status.
Explanation
Temporary Protected Status came about to address protection gaps in the US asylum system. It was created in 1990. It authorizes the attorney general to designate a foreign country or part of a country for TPS if it meets one the following criteria:
- An ongoing armed conflict there that would pose a serious threat to the personal safety of its returning nationals;
- A request from a foreign government not to return its nationals because of an environmental disaster such as an earthquake, flood, drought, or epidemic that caused substantial but temporary disruption of living conditions; or
- Other extraordinary and temporary conditions that prevent nationals of the state from returning in safety.
TPS has been a useful tool in saving hundreds of thousands of people from having to return to their country of origin when there is a danger in their country. Unfortunately, it has flaws.
First, it is legal limbo, as once designated you can stay in the United States, but you have no ability to become a citizen. Once the status ends (which is announced sixty days before the end date), you go back to your prior status, which may be no status. Therefore, you have sixty days to leave the United States or face dire consequences. And to be granted a different status, many times you must leave the United States and go to the country, which may still be experiencing the calamity, to change your status. That return to your home country may be your only way to become a US citizen.
Second, it only covers those who were in the US when the status was designated. Therefore, if you experienced the war/climate crisis/epidemic and then left for the US, you may not be eligible for status.
Finally, TPS designation is very political. The attorney general has designated some countries but not others which have the same calamity happening to them. For example, as of this writing, Darfur is not on the list. Darfur is currently a humanitarian calamity, yet it is not on the list.
The General Convention last addressed this issue in 2015 with 2015-D074. This resolution, which passed, not only was specific for Guatemala, but also referenced TPS when also describing asylum, which is a different form of immigration relief. This resolution will allow for The Episcopal Church to effective advocate for those with Temporary Protected Status.