Let’s start with defining what a TPS is:
TPS is a migration program of legal, temporary and discretionary assistance of the US Executive created on November 29, 1990, which grants people of certain countries, with or without papers, and who are in the US at the time of application of this benefit, be able to establish and work legally in this country while the conditions that justify this benefit ends.
But what are the conditions that could be granted to the citizens of a certain country the benefit of TPS?
Among the conditions is:
– Natural Disasters, such as hurricanes, earthquakes or diseases
– A Civil War or armed conflict in progress.
– Any other extraordinary temporary circumstance.
TPS is not a way to Citizenship, permanent residency, or of any migratory status. It does not give the one who receives it extraordinary privilege when requesting other types of benefits such as asylum, which the applicant must channel it like any other common applicant.
As it was well specified, TPS is only a Temporary Program that is granted to countries designated for periods of 6 months to 18 renewable months. Several countries currently designated are El Salvador, Haiti, Honduras, Nicaragua, Sudan, among others.
But what are the benefits of TPS?
Among the benefits, we can highlight the following:
– Not be deported from the US
– Not be detained because of his immigration status in the US
– Obtaining Employment Authorization
– Travel authorization
– It is possible, as a result of your status, to receive a drivers license
What is happening in the Legislative atmosphere of the US Congress that makes it possible for Venezuelans to obtain a TPS Protection status?
What has happened is that there are currently 22 Democratic legislators, including New Jersey Senator Robert Menéndez and Republican Senator Marcos Rubio of Florida who asked the Department of Homeland Security to grant Temporary Protection (TPS) status to Venezuelans. , For this request, they sent a letter addressed to the Secretary of National Security Elaine Duke, stating the implementation of this TPS Protection mechanism be urgent due to the continuous deterioration of the living conditions in Venezuela under the Maduro mandate – where the Venezuelan people continue to suffer extreme shortages of food, medical supplies and other basic products, so it is understandable that many Venezuelans are afraid to return to their country.
So far it is only a proposal. It must be debated in the US Congress and presented to the Executive for approval in an environment of migratory restrictions. However, the White House is not expected to support this measure, since recently the Central Administration has already tried to end the TPS for most of the countries that have had this privilege, this is a reality that is happening without entering the political plane, and this is seen through the decrees and laws issued.
This does not mean that this is going to stay that way. We have to be positive and keep the faith because as a result of the change of composition in both houses of the US Congress due to the last elections for the Legislative, the Democrats and Republicans are going to have to make arrangements and negotiate to approve measures such as the TPS for Venezuelans, or to give residence to children who have arrived in this country since very young. In conclusion, the Central Administration will have to be more flexible when negotiating issues migratory, because otherwise it would be difficult to achieve some of its priority objectives in the National scope.