and Department of Homeland Security
Washington, D.C. - January 8, 2017 - (The Ponder News) -- The Secretary of Homeland Security announced her determination that termination of the Temporary Protected Status (TPS) designation for El Salvador was required pursuant to the Immigration and Nationality Act. To allow for an orderly transition, she has determined to delay the termination for 18 months. The designation will terminate on Sept. 9, 2019.
The decision to terminate TPS for El Salvador was made after a review of the disaster-related conditions upon which the country’s original designation was based and an assessment of whether those originating conditions continue to exist as required by statute. Based on careful consideration of available information, including recommendations received as part of an inter-agency consultation process, the Secretary determined that the original conditions caused by the 2001 earthquakes no longer exist. Thus, under the applicable statute, the current TPS designation must be terminated.
The Department of Homeland Security has conducted extensive outreach to Salvadoran communities throughout the country. This includes, but is not limited to, community forums on TPS, panel discussions with Salvadoran community organizers, stakeholder teleconferences, regular meetings with TPS beneficiaries, news releases to the Salvadoran community, meetings with Salvadoran government officials, meetings at local churches, and listening sessions. The Secretary met recently with the El Salvadorian Foreign Minister and Ambassador to the United States, and spoke with President Sánchez Cerén.
Following the 2001 earthquake, El Salvador received a significant amount of international aid to assist in its recovery efforts, including millions of dollars dedicated to emergency and long-term assistance. Many reconstruction projects have now been completed. Schools and hospitals damaged by the earthquakes have been reconstructed and repaired, homes have been rebuilt, and money has been provided for water and sanitation and to repair earthquake damaged roads and other infrastructure. The substantial disruption of living conditions caused by the earthquake no longer exist.
Additionally, in recent years, the U.S. government has been repatriating individuals back to El Salvador - more than 39,000 in the last two years - demonstrating that the temporary inability of El Salvador to adequately return their nationals after the earthquake has been addressed.
To allow for an orderly transition, the effective date of the termination of TPS for El Salvador will be delayed 18 months to provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. Salvadorans in the United States who benefited from TPS may still receive other protections under our immigration system for which they are eligible.
The 18 months will also provide time for El Salvador to prepare for the return and reintegration of its citizens. During this timeframe, DHS will work with the Department of State and the Government of El Salvador to help educate relevant stakeholders and facilitate an orderly transition. In addition to materials posted online, DHS components will participate in outreach activities such as teleconferences, town halls and roundtables to ensure that affected populations have a full and accurate understanding of their rights and obligations.
Only Congress can legislate a permanent solution addressing the lack of an enduring lawful immigration status of those currently protected by TPS who have lived and worked in the United States for many years. The 18-month delayed termination will allow Congress time to craft a potential legislative solution.
Salvadorans with TPS will be required to re-register for TPS and apply for Employment Authorization Documents in order to legally work in the United States until the termination of El Salvador’s TPS designation becomes effective Sept. 9, 2019. Further details about this termination for TPS, including the re-registration period, will appear in a Federal Register notice. Salvadoran TPS beneficiaries should not submit re-registration applications until the re-registration period is announced through the Federal Register notice.
Federation for American Immigration Reform (FAIR) President Dan Stein in response to the announcement by Department of Homeland Security (DHS) Secretary Kirstjen Nielsen that the administration is ending Temporary Protected Status (TPS) for citizens of El Salvador, has issued this statement:
"The decision to end Temporary Protected Status (TPS) for Salvadorans, effective September 2019, is long overdue and welcome, sending the strongest signal yet that rampant abuse of the TPS program will no longer be accepted by this administration. However, we do believe that six months' notice is all that would be necessary.
"TPS is a policy tool created by Congress in 1990 that allows the U.S. government to extend temporary protections for those visiting the U.S. whose home countries experience natural disasters while they are here. However, in practice, most of the true beneficiaries of TPS are not temporary visitors, but rather people who entered the United States illegally. This holds true for most of the roughly 260,000 Salvadorans who have enjoyed protections since a series of devastating earthquakes ravaged their country nearly 20 years ago.
"If those who benefit from TPS status never return home due to a pattern of unjustified extensions, then future administrations will be unwilling and unable to justify extending this temporary public policy safety net to those who find themselves in a similar situation in the future. Secretary Nielsen and the administration should be applauded for recognizing the temporary nature of this policy tool and for their willingness to stand up for the original intent of the law as passed by Congress.
"Today's announcement underscores the temporary nature of TPS, and reminds us that it was never intended to be used as a tool to sidestep the legal immigration process. 'Temporary' clearly does not mean 'forever.'"
ABOUT FAIR
Founded in 1979, FAIR is the country's largest immigration reform group. With more than 1.3 million members and supporters nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced.
Other Reactions:
Senator Cory A. Booker (D-NJ)
“This decision to end protections for nearly 200,000 Salvadorans – including thousands right here in New Jersey – is heartless and a grave mistake. TPS was created to offer temporary, humane protection to foreign nationals living in the United States when extraordinary conditions make it impossible for them to return home. It is clear that El Salvador is not in a position to receive these families, and rescinding their TPS designation only stands to jeopardize the health and safety of thousands while tearing families apart. The Department of Homeland Security should reverse this decision and extend El Salvador’s TPS while Congress finds a permanent solution.”
Sendator Benjamin L.Cardin - (D - MD)
“Instilling fear in vulnerable children and families should not be the American way, but it seems to be a recurring pattern with the Trump Administration. This latest in a string of ill-advised immigration decisions will have a devastating impact on the American and Salvadoran families currently living in the United States. It isn’t right and it runs counter to the American values that built this great Nation.
“I am concerned about what will happen to these individuals – many mixed nationality families – who have been a part of American communities for so long. For nearly a decade, the country has consistently suffered per capita murder rates that have been among the worst in the world. In 2016, the people of El Salvador were victims of over 5,200 homicides, an alarming rate of more than 80 per 100,000 people and the highest globally. El Salvador has limited capacity to absorb the nearly 200,000 individuals who could be subject to immediate deportation. We welcomed these individuals to America to save them from danger; the Trump Administration cannot inject them back without regard for their safety and current circumstances on the ground in El Salvador.
“We also must take into account the more than 190,000 U.S. born children – American citizens – who have Salvadoran parents that are TPS beneficiaries. Forcing these parents to return to El Salvador would create unnecessary burdens and separate families. In Maryland alone, 19,800 Salvadorans in are TPS holders, and 17,100 U.S.-born children in Maryland have Salvadoran parents who are TPS holders. 18,000 workers in Maryland are Salvadoran TPS holders, and $1.1 billion would be lost from state GDP annually without Salvadoran workers who hold TPS.
“I call on my colleagues to take up our legislation to create a pathway to legal residency for hundreds of thousands of TPS recipients who call America their home. Let's do it now. Such a bill is truly in line with America’s values. It’s the right thing to do.”
Senator Tammy Ducksworth (D - IL)
“The Trump administration’s announcement that they will tear families apart and no longer allow America to be a refuge for hundreds of thousands whose lives are at risk in El Salvador is not just shortsighted; it’s heartbreaking and it flies in the face of the values that built this great nation.”
Joaquin Castro (D-TX, 20th)
“Revoking the Temporary Protected Status of hundreds of thousands of people who live and work in the United States is the Trump Administration’s latest attack on immigrants that will have negative consequences for our nation. TPS recipients submit to regular background checks, received work authorizations, and have children who are American citizens. These hardworking individuals enrich the United States’ economy, especially in Texas where over 30,000 Salvadorans reside.
“Previous administrations determined that forcing the return of Salvadorans to their country would be a threat to their personal safety. The Trump Administration’s failure to extend the TPS designation for these individuals paves the way for the deportation of hundreds of thousands of people and endangers their lives. This decision comes shortly after the administration’s November decision to end protections for hardworking citizens of Haiti and Nicaragua. The President is relentless in pushing his anti-immigrant agenda, to the detriment of all Americans.”
“The Trump administration has decided to continue its cruel immigration policy with today’s announcement ending TPS for hundreds of thousands of Salvadorans living in the United States. I have said time and again that ending TPS cruelly and needlessly upends the lives of these individuals and the lives of their children while adding to the profound challenges that El Salvador, and other TPS-designated countries, continue to face. Today’s decision harms regional stability and does not reflect the reality on the ground in El Salvador.
“TPS recipients have been repeatedly and thoroughly vetted by the United States. They have become an integral part of our society and many have U.S. citizen children. The administration has decided it is more important to destroy families rather than protect them by allowing these individuals to remain in the United States.
“Congress must act to protect TPS recipients. I again call upon Speaker Ryan to bring legislation to the floor that will protect these individuals from removal, protect Dreamers, and enact comprehensive immigration reform.”
“While hoping and waiting they would be able to return to their native countries for years, Salvadoran, Honduran, Nicaraguan, and Haitian immigrants have become essential parts of the South Florida community by contributing to our local economy and culture. Today’s decision about Salvadoran TPS – and previous decisions about Honduran and Nicaraguan TPS – are disappointing. Many years of short-term extensions have created anxiety and uncertainty, not only for these immigrants and their families, but also for employers and neighbors who have welcomed them to our communities.
“Congress has a responsibility to our constituents to address the status of both TPS immigrants and the DREAMer population. There are multiple legislative solutions that have already been introduced to address the DREAMer and the TPS populations, including my bipartisan RAC Act and ESPERER Act. TPS recipients and DREAMers are running out of time. It’s time for the Leaders of both parties to start taking this issue seriously so we can give these immigrants and those counting on them the peace of mind to continue giving back to their communities, contributing to our economy and supporting their families.”
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