Expanded Travel Ban is Discriminatory and Cruel

January 31— Almost three years to the day after announcing the Muslim ban, the Trump administration today extended the ban to four additional countries, Eritrea, Kyrgyzstan, Myanmar, and Nigeria. The administration has also banned citizens of Sudan and Tanzania from applying for diversity visas.

“This new travel ban has nothing to do with the security of the United States and everything to do with xenophobia,” said Immigrant Law Center of Minnesota executive director Veena Iyer. “The new ban bars immigration from two additional African countries. Together with Somalia, which remains subject to the first Muslim ban, these countries account for 18 percent of the population of Africa. This cruel ban further separates and threatens immigrant and refugee families.”

“This extended ban will also affect the family members living abroad of a significant number of Karen and Karenni refugees from Myanmar/Burma and Eritrean refugees and immigrants who now live here,” said Iyer. “This action will directly harm Minnesota communities.”

The U.S. ban on immigration from Myanmar/Burma comes only eight days after the International Court of Justice at The Hague ruled against that country for its genocidal repression of Rohingya people.

The ban is one more step in the Trump administration’s efforts to erect a wall against legal immigration by people of color, Muslims, women, and the working class. This ban will also have a profound impact on LGBTQ refugees and religious and ethnic minorities who face widespread persecution.

Beginning on January 27, 2017, the first Muslim travel ban created massive human suffering, separating tens of thousands of U.S. citizens and legal residents from their families, denying medical treatment to those in desperate need, ending professional and educational opportunities, and depriving U.S. employers of valued employees. This ban was challenged, overturned in court, rewritten several times, and finally squeaked by the U.S. Supreme Court on administration promises to make humanitarian exceptions: promises that have been repeatedly ignored and broken. Today’s expansion of the administration’s immigration and travel bans will harm even more families and individuals, both in the United States and abroad.

Fact Sheet: Temporary Protected Status (TPS)

(Updated on 05.13.2024)

Who Has TPS Now and When Does TPS End?

  • TPS has been granted to residents of 27 countries and the province of Kosovo since it was created by Congress in the Immigration Act of 1990.
  • Only DHS can grant or extend TPS, but Congress could create a pathway to permanent residence for people with TPS
  • As of March 31, 2023 there were approximately 610,630 people with TPS living in the United States. In addition, approximately 169,590 people may be eligible for TPS under three re-designations announced by Biden since that date.
  • Here is the list of current designations and end dates.

 

Country Status of TPS Current end date
Afghanistan Extended and re-designated by DHS on September 21, 2023 May 20, 2025
Burma Extended and re-designated by DHS on March 22, 2024 Nov. 25, 2025
Cameroon Extended and re-designated by DHS on October 6, 2023 June 7, 2025
El Salvador Terminated by DHS, extended by court order, and extended by DHS on June 21, 2023

EADs extended until June 30, 2024

March 9, 2025

Also, as long as the preliminary injunction in Ramos remains in effect.

Ethiopia Extended and re-designated by DHS on April 12, 2024 Dec. 12, 2025
Haiti DHS announced the extension and re-designation for TPS for Haiti on December 5, 2022.

2011 designation – extended by DHS, EADs extended until June 30, 2024

12.05.22: Aug. 3, 2024

11.10.2022 extension: As long as the preliminary injunction in Ramos remains in effect. 

Honduras Terminated by DHS, extended by court order, and extended by DHS on June 21, 2023

EADs extended until June 30, 2024

July 5, 2025

Also as long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect 

Nepal Terminated by DHS, extended by court order, and extended by DHS on June 21, 2023

EADs extended until June 30, 2024

June 24, 2025

Also as long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect 

Nicaragua Terminated by DHS, extended by court order, and extended by DHS on June 21, 2023

EADs extended until June 30, 2024

July 5, 2025

Also as long as the preliminary injunction in Ramos remains in effect. 

Somalia Extended and re-designated by DHS on January 12, 2023 Sep. 17, 2024
Sudan Extended and re-designated by DHS on August 18, 2023

2013 designation – extended by DHS, EADs extended until June 30, 2024

08.18.22 – April 19, 2025

11.10.22 extension: as long as the preliminary injunction in Ramos remains in effect. 

South Sudan Extended and re-designated by DHS on September 9, 2023 May 3, 2025
Syria Extended and re-designated by DHS on January 26, 2024 Sep. 30, 2025
Ukraine Extended and re-designated by DHS on August 18, 2023 April 19, 2025
Venezuela Extended and re-designated for 18 months by DHS on September 20, 2023 Sep. 10, 2025
Yemen Extended and re-designated by DHS on December 30, 2022 Sep. 3, 2024

What is TPS?

TPS is a temporary status, granted because conditions in the home country  prevent safe return of that country’s nationals living in the United States, or because the home country temporarily is unable to accept their return. TPS has been extended year after year when country conditions have not improved, so that many TPS holders have lived in the United States for decades, with strong ties to work, families, and communities

TPS is granted, ended, or changed by DHS. A country can be designated for TPS due to conditions that prevent the country’s nationals from returning home safely. Granting TPS is entirely within the discretion of the Department of Homeland Security. TPS is granted for three reasons: ongoing armed conflict (such as civil war); an environmental disaster (such as earthquake or hurricane), or an epidemic; other extraordinary and temporary conditions.

TPS applies only to people who are already inside the United States—it cannot be used to apply for entry to the United States.

During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization. 

Is TPS status given automatically? 

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. The application process can be complicated, and we recommend contacting a licensed immigration attorney. The registration period for eligible individuals to submit TPS applications is stated in the Federal Register Notice for each country with TPS. 

How long will eligible individuals have protection under TPS? 

TPS is a temporary status, granted because conditions in the home country  prevent safe return of that country’s nationals living in the United States, or because the home country temporarily is unable to accept their return. TPS has been extended year after year when country conditions have not improved, so that many TPS holders have lived in the United States for decades, with strong ties to work, families, and communities

People with TPS are not subject to deportation and can get work permits, but TPS does not give them a path to permanent residence or citizenship. Only DHS can grant or extend TPS, but Congress could create a pathway to permanent residence for people with TPS and similar statuses, as it did on December 26, 2019 for Liberians who have lived in the United States since November 20, 2014.

What is the difference between the designation period and the registration period?

The registration period determines how long individuals have to apply for TPS. The designation period determines how long TPS and the protections under TPS are valid.

Contributions to U.S. Society and Economy

The Center for Migration Studies analyzed the TPS beneficiaries from Haiti, Honduras, and El Salvador and found:

  • The labor force participation rate of the TPS population from the three nations ranges from 81 to 88 percent, which is well above the rate for the total U.S. population (63 percent) and the foreign-born population (66 percent).
  • Roughly 30 percent own homes in the United States.
  • About 68,000, or 22 percent, of the TPS population from these nations arrived as children under the age of 16.
  • TPS beneficiaries from these nations have 273,000 U.S. citizen children.
  • More than one-half of El Salvadoran and Honduran, and 16 percent of the Haitian TPS beneficiaries have resided in the United States for 20 years or more.
  • Eighty-seven percent of the TPS population from these countries speaks at least some English, and slightly over one-half speak English well, very well, or only speak English.
  • About 27,000, or 11 percent, of those in the labor force are self-employed, having created jobs for themselves and likely for others as well.

For more information:

Printable PDF fact sheet

Public Charge Rule Harms Immigrant Families, Entire Country

January 27, 2020 – Today the U.S. Supreme Court voted 5-4 to allow the Trump administration to begin enforcing the proposed “public charge” rule, which will harm the communities and economies of every state in the nation. The rule sets an unprecedented high bar for demonstrating that applicants for lawful permanent residence (green cards) are not now and never will be dependent on public assistance and will have a chilling effect on immigrant families who are not even subject to the rule.

The final rule was published on August 14, 2019 by the Department of Homeland Security (DHS), but several lawsuits stopped the rule from going into effect until today. Now the public charge rule will be implemented while the lawsuits continue, even though the challenges may ultimately invalidate the rule.

“We are very disappointed by the U.S. Supreme Court’s ruling,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota. “This public charge rule is just one of the ways this administration is trying to shut the doors of the United States to everyone except the wealthy.”

The rule is unnecessary as a practical matter. Most immigrants subject to the public charge rule are not eligible for the covered benefits. Moreover, immigrants are less likely to use public benefit programs than native-born Americans, using 39 percent fewer welfare and entitlements benefits per person.

The real reason behind the rule is engendering fear. Naturalized U.S. citizens, lawful permanent residents, asylees, refugees, and immigrant victims of crime have already begun refusing benefits which are not covered by the public charge rule, for which they and their families are clearly eligible, and which are needed for the health and well-being of their families.

As immigrants and their families give up needed health care, food, and affordable housing benefits because of this rule, their health, well-being and economic stability are threatened. The impact will be felt not just by immigrants and their families, but also by all members of our communities.

“This rule does not apply to everyone, and it does not apply to all benefit programs,” said Iyer. “We urge any immigrants who are considering disenrolling themselves or their children from needed public benefits to consult an experienced immigration attorney. Do not give up benefits that your children and families need out of fear.”

Temporary Protected Status (TPS) for Somalia and Yemen Extended, But Not Redesignated – A Life-Threatening Mistake

January 22, 2020 — On January 17, 2020, the Department of Homeland Security (DHS) announced that it will extend, but not redesignate, Temporary Protected Status (TPS) for Somali nationals living in the United States for an additional 18 months through September 17, 2021.

The administration’s decision to extend but not redesignate TPS for Somalia means that only Somali nationals who currently reside in the United States and who already have TPS are eligible for continued protections. Those who have arrived in the United States since 2012 cannot apply for TPS protection.

“Although we are pleased that TPS for Somalia was extended, to not redesignate is a life-threatening mistake,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “Redesignation is critical because those who have arrived from Somalia since 2012 have the same need for security and protection from deportation after fleeing dangerous country conditions and one of the worst humanitarian crises in the world.”

Violent conflict continues in Somalia, with al-Shabaab’s almost-daily attacks killing 1,600 people in 2019. Somali-Canadian activist and aid worker Almaas Elman became one of those victims of violence when she was killed in Mogadishu in November.

More than two million Somalis have been displaced from their homes. In addition, as the Department of Homeland Security itself noted in its 2018 extension of TPS:

“Decades of insecurity have devastated Somalia’s physical infrastructure. Humanitarian agencies cite the need for the rehabilitation of crucial infrastructure, including airstrips, roads, and ports.”

Earlier this month, DHS announced that it will extend, but not redesignate, TPS for an additional 18 months for Yemeni nationals living in the United States who already have TPS status, despite the worsening humanitarian situation in Yemen.

One of the reasons for granting TPS is an ongoing armed conflict that poses a serious threat to the personal safety of nationals of the affected country. Somalia’s state of internal war has continued since the United States first designated TPS for Somalia in 1991, and remains an ongoing threat today. Yemen continues in a state of war, which BBC calls “the world’s worst man-made humanitarian disaster.”

The U.S. government deems both Somalia and Yemen too dangerous to travel to for Americans and yet it leaves Somalis and Yemenis stranded by not redesignating TPS.

Minnesota is home to the largest population of Somalis outside of Somalia. They have lived here for decades, working, contributing to their communities, and raising families. Somalis, Yemenis, and others who now have only the tenuous and temporary protection of TPS need the security of a path to permanent legal residence. Congress must act to create a path to permanent legal residence for all people with TPS.

Printable PDF version of this press release.

Welcoming Refugees: The Right and Legal Thing to Do

January 16, 2020—”Refugee resettlement activity should go forward as it developed for … almost 40 years,” wrote U.S. District Judge Peter J. Messitte, in today’s order temporarily halting President Trump’s September executive order. The executive order requires states and counties to formally state that they will accept refugees; otherwise, refugee resettlement in those jurisdictions would be barred.

Three resettlement agencies, and Attorneys General in several states, including Minnesota, sued to block the executive order. Judge Messitte found it likely that the executive order is unlawful, and ordered that it not be enforced while litigation continues.

“The executive order erected an unlawful barrier to refugee resettlement, and unfortunately, in places like Beltrami County, it has resulted in widespread misinformation campaigns about our refugee neighbors,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “Judge Messitte’s order allows the continuation of what the judge accurately characterized as ‘the longstanding, carefully crafted humane program that places refugees in communities where they can thrive.”

Refugee resettlement is not a partisan issue. At least 42 state governors, including many Republican governors, said yes to refugee resettlement in their states. At least 20 Minnesota counties have also voted to accept refugees, carrying on our state’s tradition of welcoming individuals and families fleeing persecution.

Printable PDF version of press release.

ILCM Staff Updates

ILCM is excited to welcome 12 new interns and volunteers this month! We also continue our search for two new full-time staff attorneys to join our team.  

Naomi Brim
(Naomi Brim, provided by Naomi Brim)

ILCM welcomes 12 new interns and volunteers this month. Among them: 

Naomi Brim is one of the nine interns assisting with Detainee Legal Assistance calls. A junior at Carleton College, Naomi is studying English with a minor in Women’s and Gender Studies. Her interest in working with individuals in detention began a couple summers ago working in a Senator’s office and she is excited to join ILCM this spring semester.  

Grace Smith joined ILCM as a citizenship intern. She graduated from the University of Northwestern – St. Paul having majored in psychology and minoring in criminal justice.

head shot of grace smith
(Grace Smith provided by Grace Smith)

Grace is passionate about immigration law, refugees, and ensuring that people feel safe and supported. She looks forward to learning more about the Twin Cities immigrant and refugee community, ILCM and the services we provide, and immigration processes like naturalization. Grace will begin studying law at Mitchell Hamline School of Law in the fall.

ILCM is also currently hiring! We are looking for a Spanishspeaking attorney in our Worthington office, and Spanishspeaking attorney to join our Community Defense team in our St. Paul office. We are also searching for a development intern

ILCM also said goodbye to two staff members. We wish them the best on their next adventures.