In June 2021, the United States of America Supreme Court unanimously ruled that people living in the US under the “temporary protected status” (TPS) who initially entered the country illegally cannot apply for green cards to become permanent residents. While immigrant advocacy groups were impatiently waiting for the outcome of Sanchez v. Mayorkas, the ruling is likely to undermine the lives of thousands of individuals currently living on American soil.
The TPS is a temporary status given to nationals of countries seriously affected by armed conflicts or natural disasters. It allows citizens from these nations, who usually flee from violence and unsafe living conditions, to live and work in the US. According to the American legal framework, 12 countries – El Salvador, Haiti, Honduras, Nepal, Nicaragua, Myanmar, Somalia, Sudan, South Sudan, Syria, Venezuela, and Yemen – have currently obtained TPS from the American government. Consequently, today, in the US, there are about 400,000 individuals who enjoy such status.
The outcome of Sanchez v. Mayorkas, in which the Supreme Court was called to analyze Mr. Sanchez’s request for permanent residency in light of the 1965 Immigration and Nationality Act, can negatively impact TPS current holders. While half of them have held such status for at least 20 years, got married to US citizens, and gave birth to US citizen children, the ruling is likely to preclude most of these individuals from obtaining new substantial rights and guarantees under the American law system.
In addition, the decision does not take into account that once the TPS expires, those who enjoyed it could be at risk of being deported to their own countries, thus having to face again those conditions that previously forced them to flee. Without the action of Congress and new immigration reform, TPS recipients will never be completely safe.
By Simone M. Russo