On TPS in California? What You Should Know After the Supreme Court Ruling

• Jump straight to: Are you affected by this TPS ruling?

“We’d successfully stopped the first Trump administration’s attempts to end TPS illegally in 2018,” he said. “Even though it has been a consistently hostile Supreme Court when it comes to major immigration cases, it still was — at some level — shocking to see this decision.”

The decision may also jeopardize the status of individuals from other TPS-designated countries, like Venezuela and Nepal. According to federal data from early last year, nearly 1.3 million people from 17 different countries are TPS holders, with almost 80,000 of those in California alone.

Emi MacLean, a senior staff attorney at the ACLU of Northern California and co-counsel in the case, called the decision “a deeply painful blow” to these residents.

“They are more afraid, more at risk, and far more vulnerable than they have been,” she said. “What the decision means today is that the Supreme Court is rubber-stamping lawless actions by the administration.”

While the situation for TPS holders is quickly changing, read more to see what advocates and experts are telling people impacted by the ruling.

Please keep in mind that this article is not legal advice, and it’s always best to consult with an immigration attorney about your specific situation.

Who is most affected by this TPS ruling?

Mullin v. Doe specifically focused on reviewing TPS designation for people from Haiti and Syria.

More than 300,000 Haitians have been living in the U.S. since 2010, after the catastrophic earthquake that year that killed hundreds of thousands of people.

More than 3,5000 Syrians have also held TPS since 2012, due to the country’s deadly civil war.

President Donald Trump’s administration has, in the past, announced its intent to remove the TPS status of several countries, including:

• Afghanistan
• Cameroon
• South Sudan
• Burma
• Ethiopia
• Somalia
• Yemen
• Venezuela
• Nepal
• Honduras
• Nicaragua

Arulanantham said there are some countries for which no decision has been made yet around TPS holders, like El Salvador and Ukraine. Both of their statuses, however, are set to expire this fall.

When does the Supreme Court’s TPS decision take effect?

In the TPS cases involving Syria and Haiti, it will likely take effect “in a little over a month,” Arulanantham said. “But there’s no fixed deadline for that. That’s usually what happens.”

The question is harder to answer for the timeline of other countries like Venezuela and Honduras, he said.

“It will depend on when the government attempts to apply these rulings to those cases and then also when those courts respond,” he said. “I think it’s fair to say that in something like weeks or a few months, we’ll see the devastating effects of this decision on TPS communities around the country.”

What happens when TPS expires?

According to immigration advocacy group The Forum, once a TPS designation ends and the person does not acquire a new immigration status, the person reverts to their previous status.

Meaning, for those without a legal status, they would be considered undocumented again, and “potentially be subject to removal proceedings.”

KQED has a thorough guide on your rights when interacting with immigration officers.

What should TPS holders do right now?

Look into other protections ASAP

Legal experts like MacLean have advised TPS holders for years that they “should seek any other form of relief because of the vulnerability” of the program, and “because TPS on its own does not provide a path to status.”

“If there’s any other paths to legal status for TPS holders, they should seek it,” she said.

TPS is meant to “exist alongside other forms of protection,” like asylum status, which can potentially prevent the government from detaining or deporting you, Arulanantham said.

Now, “is definitely a good time” to consult with an immigration lawyer about those other options, he said.

“That being said,” he said. “The reason why TPS is such a powerful and effective form of protection is that it often is available to people who do not have any other form of immigration status.

“That’s just part of the cruelty of the decision the Supreme Court has made.”

Follow this developing situation around TPS

Impacted individuals should follow the news to see if new legal avenues for protection arise in the aftermath of the Supreme Court decision. Arulanantham said the Supreme Court “closed a lot of doors, but they didn’t necessarily close every door.”

Organizations to follow include the Asylum Seeker Advocacy Project and the National TPS Alliance.

What should TPS holders not do right now?

Avoid international travel

International travel for any TPS holder is “very risky,” Arulanantham said. However, this may be familiar guidance, since even before the decision, “a TPS holder could not travel without something called TPS travel authorization.

“Even domestic travel, you have to make sure that it’s an airport where people are not likely to check for anything other than a driver’s license,” he said.

Do not make a panic decision, like leaving your job

Arulanantham also said people should not “preemptively quit” their jobs.

The Immigrant Worker Protection Act from 2018 “prohibits employers from reverifying immigration status for employment purposes, unless federal law requires that they do that,” he said.

For example, there is no rule saying “that everybody has to have their employment status reverified every month or every six months,” Arulanantham said.

What can Congress do to protect TPS holders?

There are some ways for Congress to step up for TPS holders — but it might be a difficult avenue, considering it would need to get a vote and be signed off on by Trump.

In April, the House passed legislation to extend TPS for Haitians for the next three years, and the legislation’s author, Rep. Ayanna Pressley (D-Massachusetts), pointed to it as a possible safety net for TPS holders.

“This fight is not over, and the Senate should take this bill up — our discharge petition that passed the House on April 16 — should take this up immediately and save lives,” said Pressley, who is also co-chair of the House Haiti Caucus.

In the Senate, another piece of legislation called the Safe Environment from Countries Under Repression and in Emergency (SECURE) Act aims to provide TPS holders who have been in the country for at least three years the chance to apply for legal permanent residency.

Are there any immigration-specific resources in the Bay Area to help TPS holders?

KQED has a guide to free legal aid support in the Bay Area.

Here are some key organizations to connect with immigration lawyers or experts:

• Centro Legal de la Raza
• African Advocacy Network
• Arab Resource and Organizing Center
• Carecen SF
• La Raza Community
• Mission Action
• Mujeres Unidas y Activas
• Asian Law Center
• Immigrants Rising
• UndocuHealth
• Immigration Institute of the Bay Area
• Coalition for Humane Immigrant Rights
• Bar Association of San Francisco
• National Immigration Legal Services Directory for California
• Informed Immigrant
• Private immigration lawyer look-up
• Jewish Family and Children’s Services
• Community Legal Services in East Palo Alto