As the Trump administration weighs whether or not to end the Temporary Protected Status for thousands of Haitians and Salvadorans, three members of Congress are preparing legislation that would allow every TPS recipient to apply for permanent residency.
The bill, dubbed the ASPIRE Act, would let every person covered by TPS before Jan. 1, 2017, apply for permanent residency by proving before a judge that they would face extreme hardship if forced to return home.
“The Temporary Protected Status program was created with bipartisan support to protect human life,” said Rep. Yvette Clarke, D-N.Y., who plans to introduce the legislation with Miami Republican Rep. Ileana Ros-Lehtinen and Washington Democratic Rep. Pramila Jayapal. “It advances American interests and values and we must work in a bipartisan manner to do the right thing and protect hardworking immigrants from being sent back to countries where their physical well being could be cast into doubt.”
The bill also creates a new form of “protected status” for TPS recipients who have been in the the U.S. for at least five years. Instead of waiting for renewal or revocation of their status every 18 months, current TPS recipients would be able to stay in the U.S. for a renewable six-year period, though they would not be eligible for permanent residency if they cannot prove extreme hardship.
Clarke’s proposal is more expansive than a bill sponsored by Miami Republican Rep. Carlos Curbelo that would provide a path to permanent residency for TPS recipients from Haiti, Nicaragua, El Salvador and Honduras who arrived in the U.S. before Jan. 13, 2011. Ros-Lehtinen and Miami Republican Rep. Mario Diaz-Balart have signed on to Curbelo’s bill.
The ASPIRE Act would also correct what Clarke’s office calls an “error” in existing law that requires TPS recipients who arrived in the U.S. illegally to leave the U.S. and reenter to adjust their status. Instead, a TPS designation would be enough of a reason to apply for permanent residency without having to leave the country.
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