Following the recent trend of countries being designated for TPS protections, Secretary of Homeland Security Alejandro N. Mayorkas recently announced new TPS designations for Cameroon and Afghanistan.
What does being designated for TPS mean?
TPS is a humanitarian immigration benefit designed to protect foreign nationals from deportation when the conditions in a designated country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.
What are the benefits of TPS?
TPS holders are entitled to the following benefits:
TPS holders are not removable from the United States (even if they previously have been ordered removed);
TPS holders can obtain an Employment Authorization Document (EAD), also known as a work permit, which authorizes them to work in the United States;
TPS holders are eligible to receive advance parole, authorizing them to travel abroad and return to the United States without risking losing their TPS.
Afghanistan
On March 16, 2022, the United States Department of Homeland Security, through Mayorkas, announced that it has designated Afghanistan for Temporary Protected Status for a period of eighteen (18) months.
The designation of Afghanistan for TPS follows heavy criticism levied upon DHS and the Biden Administration as a result of the humanitarian crisis currently plaguing Afghanistan following the abrupt withdrawal of the U.S. from the war-torn country in August 2021.
This grant of TPS is the latest in immigration protections offered to Afghan citizens. Previously, the Operation Allies Welcome program permitted Afghan nationals who arrived as part of the evacuation effort to be paroled into the United States, on humanitarian grounds. Individuals who entered under this program were granted an authorized period of stay for two years and are also eligible for work authorization. In addition, certain Afghan citizens who were employees of the U.S. government can pursue permanent residence in the U.S. under the Special Immigrant Visa program.
Why was Afghanistan designated for TPS?
The ongoing armed conflict following the withdrawal of the United States in late 2021 has resulted in a situation where Afghan nationals cannot return to their home country safely. The Taliban seeks to impose control in all areas of the country and Islamic State-Khorasan (IS-K) conducts attacks against civilians. These factors, according to Secretary Mayorkas, have led to a humanitarian crisis which have led to “a collapsing public sector, a worsening economic crisis, drought, food and water insecurity, lack of access to healthcare, internal displacement, human rights abuses and repression by the Taliban, destruction of infrastructure, and increasing criminality.”
Eligibility of Afghans
Individuals eligible for TPS under this designation must have continuously resided in the United States since March 15, 2022. Individuals who attempt to travel to the United States after March 15, 2022 will not be eligible for TPS.
You can read more about TPS, including eligibility for TPS, benefits of TPS, and countries currently designated for TPS, here.
Can Eligible Afghans Register Now?
At present, individuals who may qualify for TPS cannot yet register until the TPS designation is published in the Federal Register. Once published, the Federal Register will set forth the applicable registration for TPS as well as the instructions for applying for TPS and an Employment Authorization Document (EAD).
Cameroon
On April 15, 2022, Secretary Mayorkas announced the designation of Cameroon for Temporary Protected Status for a period of eighteen (18) months.
The Department of Homeland Security’s designation of Cameroon for TPS is based on both the ongoing civil war in Southern Cameroon coupled with a rise in attacks by the terrorist organization Boko Haram. These factors resulted in extraordinary conditions that prevent Cameroonian nationals, and those of no nationality who last habitually resided in Cameroon, from returning to Cameroon safely.
Why was Cameroon designated for TPS?
The ongoing civil war Cameroon is presently facing has caused a humanitarian crisis with several hundred thousand Cameroonians being displaced from their homes. Moreover, critical damage to civilian infrastructure has left many without basic necessities, including food, schools, and medical care and has led to economic instability.
Eligibility of Cameroonians
Individuals eligible for TPS under this designation must have continuously resided in the United States since April 14, 2022. Individuals who attempt to travel to the United States after April 14, 2022 will not be eligible for TPS.
You can read more about TPS, including eligibility for TPS, benefits of TPS, and countries currently designated for TPS, here.
Can Eligible Cameroonians Register Now?
As with eligible Afghan nationals, Cameroonians may qualify for TPS cannot yet register until the TPS designation is published in the Federal Register. Once published, the Federal Register will set forth the applicable registration for TPS as well as the instructions for applying for TPS and an Employment Authorization Document (EAD).
At The Law Office of George K. Gomez, our immigration lawyers can help you learn more about TPS, the benefits of such a designation, and whether you qualify for this benefit.
A TPS Immigration Lawyer With the Experience You Need. Contact The Law Office of George K. Gomez Today!
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If you need an immigration lawyer or just need more information on the immigration-related legal services we can offer, our service areas, or wish to learn more about our managing attorney, contact us at (305) 539-0991, or use our online contact form.
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