Nationwide- In a 9-0 decision the U.S. Supreme Court ruled that Temporary Protected Status (TPS) does not count as a lawful entry into the United States. As a result, thousands of TPS holders will be ineligible to adjust their immigration status to legal permanent residency through their TPS status. This decision impacts all TPS holders including those in the 6th, 8th, and 9th circuits where having TPS was considered an admission.
Camila Alvarez, Legal Director of the Central American Resource Center of LA issued the following statement:
This comes as a tough blow for TPS holders. TPS holders who hoped to adjust status through this avenue will now be ineligible. This decision is a step back for the immigrant community who has very limited ways to secure relief. Today’s ruling reiterates that the time is now for Congress to pass legal protections and, even more importantly, to do it in the next reconciliation package and exhaust all legislative possibilities. Additionally, we call on the Biden administration to immediately designate TPS for all countries with ongoing conflicts and recovering from natural disasters; reinstating protections for TPS countries wrongfully targeted under the previous administration is long overdue.
We will provide more detailed updates on how this ruling affects TPS holders and the status of cases that were already filled. Every individual’s situation is different and we strongly urge all directly impacted individuals to seek legal advice from an accredited organization.