The Law Office of Aaron Giron


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Changes to Temporary Protected Status for Nicaragua and Honduras

"Acting Secretary of Homeland Security Elaine Duke has announced changes to Temporary Protected Status (TPS) designations for Nicaragua and Honduras." (via: USCIS)

Much like Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), is considered an important tool for providing relief to aliens who otherwise would not have any viable forms of engaging with U.S immigration law.  TPS is offered to countries that have been identified by the administration as requiring specific government resources due to devastation, either natural or social, in the designated country.  

Honduras was granted TPS in 1999 by President Bill Clinton in response to the havoc wrought by Hurricane Mitch.  It has subsequently been renewed by each administration in response to additional weather fluctuations including Tropical Storm Hanna in 2014. 

Honduras remains a country in dire need of international aid and assistance.  In 2009, the country experienced a coup d'etat that saw the ousting of progressive populist leader Manuel Zelaya.  The coup saw increased violence against party supporters as well as LGBT activists.  Currently, Transgendered activists in Honduras experience violence at an unprecedented rate and crimes committed against them are rarely prosecuted.  

TPS is an important tool in providing aliens who are in the United States the appropriate documentation in order to secure employment.  These individuals are notified of the temporary nature of their status when they apply.  

Immigration law is in constant flux and the one source of hope for TPS applicants is a recent case from the Ninth Circuit, Ramirez v. Brown.  This case expanded the "inspected and admitted" requirement under INA § 245 covering adjustment of status to include TPS applicants.  

To see how this change can help you or a loved one, please contact my office directly.  

For your convenience, I have included a list of all the countries currently covered under TPS.