Removal of Temporary Protected Status’ Effects on the United States, and What it Means for Nebraska

By: Jurge Cruz-Alvarez

There are over 300,000 citizens residing in the United States under Temporary Protected Status (TPS) according to U.S. Citizenship and Immigration Services. U.S. taxpayers and members of various communities from different countries of origin like El Salvador, Haiti and Honduras. Starting in 2019, these individuals may no longer be able to call the U.S their home. 

TPS is given to countries whose conditions temporarily prevent them from safely harboring their citizens, or in certain circumstances, where the country is unable to handle the return of its citizens adequately. This can include natural disasters or extreme instability in a country.  

In the case of a country like El Salvador, they were given TPS rights after an earthquake in 2001 killed 994 people and destroyed over 100,000 homes, according to the Red Cross. In its wake, the country finds itself still restructuring and has also seen a huge spike in violent gang activity. Because of that and over a decade’s worth of change, individuals who are forcibly sent back may not even recognize their place of origin. 

On Nov. 2017 the Trump administration began moving forward in terminating protections for migrants who reside in the United States under this program. While the expiration date for these rights varies from country-to-country, the majority of countries will begin losing TPS in 2019. There are ten countries receiving TPS.  

The removal of it affects thousands across the country, but it also affects people in Omaha and in the greater state of Nebraska.  

“Nebraska alone, last time I checked, has over one thousand TPS holders,” says Alexis Steele, Immigrant Staff Attorney at the Immigrant Legal Center in Omaha.  

The Immigrant Legal Center is a nonprofit law firm that works with low income individuals on immigration law cases. They also do work in advocacy and education for the community.  

“Something we hear a lot in reference to securing statuses is ‘Just do it’ or ‘Why not do this the right way?’ Especially when talking about undocumented individuals, and when you hear something like that, a very glossed statement about obtaining status, it’s unfortunately obvious that most of the population doesn’t understand how difficult it is,” says Steele.  

There are various qualifications and situations that individuals must meet to be even eligible to apply for full citizenship. Even if they have the option, there’s also a financial burden that includes lawyer fees and fees to the government. This includes also running against a ticking clock before one’s status expires.  

Dr. Cristián Doña-Reveco, director of the Office of Latino/Latin American Studies at the University of Nebraska at Omaha, says that one misconception of the general public is that individuals with TPS are undocumented migrants.  

“They came with a particular permit to stay, albeit temporarily, in the U.S. The issue is that there is no definition of what temporary means. The law says something like ‘until the situation that produced that particular exit has been resolved’, but that’s a complex (definition), ” says Dr. Doña-Reveco. 

 “We have people now in Nebraska. People who have been paying their taxes every year. They’ve been building relationships. They have small business, they’re a part of the fabric of the community.”  

A study from the Center for Migration Studies says that 88 percent of TPS holders have jobs, supporting Dr. Doña-Reveco’s point. Being part of the UNO faculty, the effect that this could have on students is not lost on him. 

“The fact that they or someone they love, their parents, is going to lose their status obviously adds an extra layer of stress to a college life that is already a stress in itself,” says Dr. Doña-Reveco. He also says that the major effects will become more apparent upon TPS’ planned removal in 2019. 

For those with TPS who hope to stay in the country, there may still be a chance.  

On Oct. 3, a California federal judge issued a preliminary injunction preventing the U.S. government from terminating TPS and employment authorization under it while a current lawsuit challenging their decision is pending.  

On Oct. 24, the U.S. Government said it will comply with the federal judge’s decision and maintain protections for Sudan and Nicaragua who were scheduled to lose their status’ sooner than other countries, at least until Sept. 2019. The case can of course can be appealed, should the decision not be reversed before April 2, 2019,  U.S. Citizenship and Immigration Services will issue another extension up to Jan. 2, 2020. 

Omaha residents looking for assistance can visit the Immigrant Legal Center or contact the Nebraska Immigration Legal Assistance Hotline.