Washington – The fate of thousands of immigrants from Guinea, Liberia and Sierra Leone is up in the air as the May 21, 2017 deadline for the expiration of the Temporary Protective Status comes to an end.
Report by Rodney D. Sieh, [email protected]
“While it is unclear specifically what will happen to Liberians in the United States under the TPS after the TPS expires in May 2017, it is clear that the Trump Administration plans to enforce U.S. immigration laws aggressively.”
TPS is a temporary immigration status granted to eligible nationals of a country designated for TPS under the Immigration and Nationality Act (INA), or to eligible persons without nationality who last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries were eligible to remain in the United States and authorized to work and obtain as long as they met the requirements of TPS.
The status also allows beneficiaries travel authorization as a matter of discretion.
As the deadline nears, President Ellen Johnson-Sirleaf is hoping the US will reconsider its position and keep Liberians with their families and not separated.
“We want to entreat the government of the United States to continue to give the same humanitarian consideration that has characterized successive extension of the TPS.”
FrontPageAfrica inquiries to the US State Department was referred to the U.S. Citizenship and Immigration Services (USCIS).
State Department Defers to Homeland
Sharon Scheidhauer, Public Affairs Officer, at the USCIS then referred FPA to the agency’s termination notice of the TPS program before forwarding inquiries regarding the next phase to the White House which is yet to respond.
Said Scheidhauer: “The State Department referred your inquiry regarding immigration and Liberia to my agency–U.S. Citizenship and Immigration Services (USCIS)– for consideration.
I am providing a link here to USCIS’ news release announcing the termination of Guinea, Liberia, and Sierra Leone’s designation for Temporary Protected Status (TPS) as well as the Federal Register notice that provides more information about that decision and the immigration status of affected Liberians.
Regarding any future decisions the Administration may make relative to immigration, we would refer you to the White House press office for response.
Paul A. Hinshaw, Public Affairs Officer at the US Embassy in Monrovia also said Liberia’s eligibility for Temporary Protected Status (TPS) is scheduled to end May 21, 2017.
“Liberians first became eligible for TPS when the country was at war; later, during the Ebola outbreak, TPS eligibility was extended to cover that emergency.
Regarding any future decisions the Administration may make regarding immigration matters, we refer you to the White House press office.”
Liberians encouraged ‘Not to Wait’
Rep. Ed Royce(R-Calif) said it is important for citizens from the three countries to begin making contact with the Department of Homeland Security to avoid embarrassment.
“Thankfully, the widespread transmission of the Ebola virus has ended in Guinea, Liberia and Sierra Leone.
As a result, the Temporary Protective Status was extended for a final six months – through May 21, 2017 – in an effort to minimize disruption and allow for an orderly transition.
I would encourage those with questions about this policy not to wait; contact the Department of Homeland Security now.”
The next phase for now appears to be complicated by the fact that the granting of TPS, according to the DHS, does not result in or lead to permanent resident status although the same DHS rules recommends that in situations where someone who was on TPS believes that returning to Liberia is not possible or preferable, they could be eligible to apply for another immigration status, such as lawful permanent residence, asylum, or a non-immigrant status.
However, eligibility for these and other immigration benefits is determined individually on a case-by-case basis. For information about eligibility and how to apply, visit the USCIS or call the USCIS National Customer Service Center at 1-800-375-5283.
Dr. Raymond Gilpin, Dean of Academic Affairs, Africa Center for Strategic Studies advises those likely to be affective to take the necessary steps early as the Trump administration does not appear likely to go slow on illegal immigrants.
“While it is unclear specifically what will happen to Liberians in the United States under the TPS after the TPS expires in May 2017, it is clear that the Trump Administration plans to enforce U.S. immigration laws aggressively.”
Make Use of Other Protection, Liberians urged
Dr. Gilpin says it is worth nothing that in extending the program for an additional six-months last September, then U.S. Homeland Security Secretary Jeh Johnson “determined that conditions in Guinea, Liberia, and Sierra Leone no longer support their designations for TPS” since the Ebola crisis (which necessitated the TPS) was effectively contained.
The six-month extension was only granted to ensure the orderly repatriation of those in the U.S. under this program.”
According to the DHS, once the TPS becomes ineffective on May 21, 2017, former TPS beneficiaries will maintain the same immigration status they held before TPS (unless the status has since expired or been terminated) or any other status they may have acquired while registered for TPS.
“Liberians who are included in the President’s grant of Deferred Enforced Departure for Liberians, if extended past the current expiration date of September 30, 2016, will remain covered by Deferred Enforced Departure.
Accordingly, if a TPS beneficiary held no lawful immigration status before being granted TPS and did not obtain any other status during the TPS period, he or she may be subject to removal upon the termination of the TPS designation. TPS-related EADs will expire on May 20, 2017, and will not be renewed.”
The DHS states: “Termination of the TPS designation for Liberia does not necessarily affect pending applications for other forms of immigration relief or protection. However, former TPS beneficiaries will begin to accrue unlawful presence as of May 21, 2017, if they have not been granted any other immigration status or protection or if they have no pending application to obtain benefits.”
Last September, former Secretary of Homeland Security, Jeh Johnson is extending TPS benefits for the last time to beneficiaries under the designations of Guinea, Liberia, and Sierra Leone for 6 months for the purpose of orderly transition before the designations terminate, effective May 21, 2017.
Secretary Johnson said after reviewing country conditions and consulting with the appropriate U.S. government agencies, it was determined that conditions in Guinea, Liberia, and Sierra Leone no longer support their designations for Temporary Protected Status (TPS).
The widespread transmission of Ebola virus in the three countries that led to the designations has ended.
To provide for an orderly transition, current TPS beneficiaries will automatically retain their TPS and have the validity of their current Employment Authorization Documents extended through May 20, 2017. Beneficiaries do not need to pay a fee or file any application, including for work authorization, in order to retain their TPS benefits through May 20, 2017.
Although TPS benefits will no longer be in effect starting May 21, 2017, TPS beneficiaries will continue to hold any other immigration status that they have maintained or acquired while registered for TPS.
The Department of Homeland Security urges individuals who do not have another immigration status to use the time before the terminations become effective in May to prepare for and arrange their departure from the United States or to apply for other immigration benefits for which they may be eligible.
Many in Limbo as clock ticks
According to the Homeland Security Department, nationals from the three countries and aliens having no nationality who last habitually resided in Liberia and were granted TPS under the Liberia designation will automatically retain their TPS and have their current TPS-based Employment Authorization Documents (EAD) extended through May 20, 2017. However, an individual’s TPS may still be withdrawn because of ineligibility for TPS.
For now, Liberian communities in the US are being encouraged to organize immigration outreach programs to inform, educate and assist fellow Liberians who are seeking to regularize their American immigration status.
Speaking recently when the Mayor of the City of Brooklyn Park, Minnesota, Jeffrey Lunde, and City Councilmember Susan Pha, paid a courtesy call at the Embassy of Liberia near Washington, D.C., Mr. Williams said appealed to Liberian individuals and groups, as well as friends of Liberia and the Liberian communities across the U.S. to lobby their local, state and federal government officials, noting that there is strength in number and much can be achieved through proper organization.
With the clock running out, many Liberians across the US find themselves pondering their fates and bracing for the unexpected as the Trump administration zeros in on a wave of anti-immigration measures already dividing families and putting the fate of many in limbo.
Additional information about TPS is available at uscis.gov/tps. Federal Register notices posted for public inspection today contain further details about the six-month extension for orderly transition before the termination of the TPS designations of Guinea (PDF), Liberia (PDF) and Sierra Leone (PDF)