The High Court excludes green cards for immigrants with temporary status. What do you mean?


About 25 years ago, Gregorio Cruz fled his hometown in southern Honduras and felt life-threatening.

The country of Central America was politically unstable. Honduras is still upset as poverty makes neighbors hostile, Cruz said. He has lived in Durham since 2003 and is continuously working for the rights of immigrants in the Triangle area.

“I’m part of this country right now,” Cruz said in an interview. “I don’t want to go back.”

Mr. Cruz is one of more than 6,000 people under the Clinton administration who received temporary relief to stay in the United States. Unlike most of them, he adjusted his status last year.

Temporary protection (TPS) allows immigrants from countries devastated by ongoing wars and national disasters to stay in the United States for a specific period of time. Currently, Burma, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Yemen, and more recently Venezuela are the only countries designated as TPS.

Of the approximately 320,000 TPS holders nationwide, approximately 4%, or 12,035, live in North Carolina, according to the Congressional Research Service.

Under US immigration law, temporary protection status is not a legitimate way to enter the United States. And while TPS holders can live in the United States for now, a unanimous vote on Monday confirmed that the Supreme Court could not apply for a green card granting permanent residence.

The meaning of the decision is this.

Did the Supreme Court ruling change the TPS?

The short answer is no.

In a telephone interview, Chief Attorney Jessenia Polanco said: Polanco method In Durham, the High Court’s decision stated that for TPS holders in North Carolina, they would not change anything because their classification was no longer “recognized as a legal form for adjusting their status.”

“Our local USCIS (US Citizenship and Immigration Services) In the office, TPS holders Preliminary parole Or, even if it has expired, such as a tourist visa or another type of visa, you still need another type of legal entry permit, “she said.

Basically, current immigration law considers people with TPS not allowed to enter the United States because they have not been inspected and licensed by a border immigration officer.

Monday’s ruling hasn’t changed, but it’s still a setback for the immigrant group.

“A favorable decision would have made the green card process easier for TPS holders,” Polanco said.

Why did the court take up the temporary status?

Original case, Sanchez vs MallorcusThe Associated Press reported that a couple of Salvadorans who have lived in the United States since the 1990s are involved. It is that people who illegally came to the United States and gained humanitarian status like TPS have immigration law. Asked if it was legally recognized under.

The proceedings were brought to the Supreme Court for retrial after the two US Circuit Courts ruled differently on the matter, Polanco said.

“This is just a legal issue that needs explanation,” she said.

How can a TPS holder obtain legal status?

This ruling can be interpreted as the Supreme Court requiring Congress to make TPS a qualified form of approval. 2021 American Dream and Promise ActSaid Polanco.

“It’s not the way it’s written now,” she said.

In the opinion of Judge Elena Cagan, she wrote: The law pending in Congress will do just that. “

Juan Miranda, Organizer of the Immigration Rights Group Cienbra NCOrganizers like him have called on Congress to do so for years, he said in a telephone interview.

“If anyone is desperately trying to flee the country, they haven’t made an appointment to initiate legal proceedings to get here through the right route,” he said. “This is the way they are free to use in times of crisis.

“We are all calling on Congress to take action to actually implement reforms of the entire system that will enable (their) legalization,” Miranda said.

The Raleigh-Durham branch of the National TPS Alliance plans to: Stay up all night At 10 am Thursday, outside Senator Tom Tyris’s office, at 9300 Harris Cornes Parkway in Charlotte, he called on the Biden administration and Congress to seek a way to obtain permanent residence for TPS holders.

Durham Report

Call the Bull City readers! We’ve launched the Durham Report, a free weekly digest of some of Durham’s top stories published in The News & Observer and The Herald-Sun. A newsletter with links to articles by local journalists will be delivered directly to your inbox every Thursday at 11:00 am.Sign up for the newsletter HereJoin the Facebook group for more Durham-focused news and conversations. “The story of my city”.

Posted on