The Supreme Court, through a unanimous decision, has curbed the limitations of Temporary Protected Status, ruling that its temporary protection from deportation does not guarantee a shot at a more permanent stay.
Approximately 400,000 aliens, most from El Salvador, currently live in the United States with TPS, allowing them to remain in the U.S. until the government deems they can safely return to their home country.
The crux of the case revolved around whether these aliens, who entered the United States illegally and were later provided TPS, could apply for lawful permanent residency or green cards. 9-0 the Supreme Court said, No.
The TPS beneficiaries in the case, a New Jersey couple from El Salvador who lived in the U.S. for two decades, "was not lawfully admitted, and his TPS does not alter that fact," Associate Justice Elena Kagan wrote for the court. "He, therefore, cannot become a permanent resident of this country."
"We need to be careful about tinkering with the immigration statutes as written, particularly when Congress has such a primary role here," Associate Justice Brett Kavanaugh told a lawyer for the two immigrants in April. "You have an uphill climb."
The Biden administration designated two new counties for TPS in March – Venezuela, and Myanmar – bringing the number of countries to 12.
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Updated: Mon, Jun 21st 2021 @ 4:05pm EDT