What Does the Biden Presidency Meet for the Future of TPS (Temporary Protected Status)

On December 14th, 2020, the Electoral College officially affirmed Joe Biden’s victory in the 2020 presidential election. With President-Elect Biden set to assume office in a little more than a month, large and swift shifts are expected on immigration policy. There are major implications for the future of Temporary Protected Status (TPS). Here, our Los Angeles immigration attorney explains how the incoming Biden presidency is likely to affect TPS.

Temporary Protected Status (TPS): Understanding the Basics

As explained by United States Citizenship and Immigration Services (USCIS), Temporary Protected Status (TPS) is a form of immigration relief granted to nationals of certain countries affected by civil conflict, a natural disaster, or other emergency situations. Essentially, the American government will not deport people to countries deemed too dangerous or too unstable. With TPS, a person gains the ability to live and work in the United States. To be sure, a TPS holder is not removable—meaning they are not subject to deportation from the country.

The Trump Administration Tried to End Legal Protections

President Trump was not an ally to TPS beneficiaries. Indeed, the Trump Administration took action to end TPS. It was a largely arbitrary action that was unrelated to the actual conditions on the ground in the individual countries. In 2021, the administration was considering deporting hundreds of thousands of people who had relied on TPS for many years. The Trump Administration’s undermining of TPS may have affected nationals of El Salvador, Honduras, and several other countries. In recent months, there has been considerable fear, confusion, and uncertainty regarding the specific intentions of the Trump Administration.

How the Biden Presidency Will Change the Prospects of TPS

Federal courts have repeatedly ruled that the executive branch has wide discretion over the TPS program. As such, President-Elect Joe Biden is in a position to sharply change course. On the campaign trail, he repeatedly affirmed his intention to do so. Whereas the Trump Administration was preparing to end Temporary Protected Status for a large number of people in 2021, the incoming Biden Administration does not plan to do so.

While TPS holders and their families are understandably worried about the precariousness of their situation, there is every reason to believe that President-Elect Biden will be bringing back TPS and keeping legal protections in place. This is welcome news for many vulnerable people in Southern California and throughout the United States. Our law firm will keep a close watch on all relevant developments in the early stages of the Biden Administration.

Get Help From a TPS Lawyer in Los Angeles, CA

At Goldstein Immigration Lawyers, our Southern California immigration attorney is a passionate, effective advocate for clients. If you have any questions about Temporary Protected Status, we are available to help. Call us now for a strictly confidential immigration law consultation. From our Los Angeles law office, we serve communities throughout the entire region, including in Orange County and San Bernardino County.

Josh Goldstein
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