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Fact Sheet: Temporary Protected Status for Somalia

This fact sheet is current as of March 13, 2023. 

xaashida xaqiiqda: maqaam ilaalin ku meel gaar ah oo loogu talo galay Somaliya

On January 12, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Somalia for Temporary Protected Status (TPS) for 18 months. This extension and redesignation will be in effect from March 18, 2023, through September 17, 2024.  

The extension of TPS for Somalia allows approximately 430 current beneficiaries to keep TPS through September 17, 2024, if they continue to meet TPS eligibility requirements. Redesignation allows Somali nationals continuously residing in the United States as of January 11, 2023, to apply for TPS, so long as they meet all eligibility requirements.  

What is temporary protected status (TPS)? 

The Secretary of the Department of Homeland Security (DHS) grants TPS to individuals from designated countries who are unable to return home safely due to conditions or circumstances in their home countries. 

During the designated TPS period, TPS holders can live in the United States and should not be detained by DHS just on the basis of their immigration status. TPS holders are eligible to apply for an employment authorization document (EAD) and for travel authorization. 

What does the extension of TPS for Somalia mean? 

If you have TPS as a Somali national, you can apply to extend TPS. To receive the TPS extension, you must re-register for TPS by applying before May 12, 2023*. If approved, your TPS and EAD will be extended until September 17, 2024.  

*You MUST re-register during the re-registration period March 13, 2023 to May 12, 2023. Do not wait to re-register until your Employment Authorization Document (EAD) expires.  

What does the redesignation of TPS for Somalia mean?  

If you are a Somalia national and never had TPS, you can now apply for TPS for the first time. If you have lived in the United States continuously since January 11, 2023, you may apply for TPS during the registration period from March 13, 2023, until September 17, 2024. You must also meet the eligibility requirements. 

How do I apply for TPS? 

People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility. More details about the eligibility criteria to submit an initial TPS application and apply for an EAD can be found in the Federal Register Notice (FRN).  

Is TPS status given automatically? 

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney. 

How long will eligible individuals have protection under TPS? 

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is designating Somalia for TPS for 18 months, until September 17, 2024. 

I am from Somalia and have TPS, can I apply to extend it? 

Yes. Under Somali TPS, individuals who already have TPS must apply to extend their TPS. 

I am from Somalia and do not have TPS, can I apply for the first time? 

Maybe. If you have continuously resided in the United States since January 11, 2023, and you are otherwise eligible, you may register for TPS during the registration period. Talk to an immigration attorney to further discuss your specific situation.  

I am from Somalia and have been in the United States since before January 11, 2023, but I have left for short periods of time. Can I apply for TPS?  

Maybe. Whether you still qualify for TPS depends on the length and nature of your time outside of the United States. Please contact an immigration attorney to discuss your situation further. 

I am from Somalia, and I came to the United States as a refugee. Do I need to apply for TPS?  

No. People who are in the United States with refugee status can live and work here and apply for permanent resident status after one year. If you have refugee status, you do not require TPS. 

I am from Somalia, and I now have a green card. Do I need to apply for TPS?  

No. As a permanent resident, you have legal status in the United States and are on a path to citizenship. You do not need and would not qualify for TPS. 

I am from Somalia, and I am in deportation proceedings. Can I apply for TPS to avoid deportation?  

Yes. A person in removal proceedings can apply for TPS, and if approved, can request that the judge put the removal case on hold until TPS is approved, and then for the time it is in effect. Talk to an immigration attorney to further discuss your specific situation. 

I am from Somalia, and the police have given me tickets here. Can I apply for TPS?  

Maybe. You should show your tickets, police reports, and court records to an immigration attorney before filing. A person with two misdemeanors or one felony conviction cannot get TPS. An attorney can tell you if the tickets will be a problem. 

Which people from Somalia should consider applying for TPS?  

People who are here with no legal status should consider applying. Also, those who are here on a visa that is for a limited time or that does not allow employment might also benefit by receiving Temporary Protected Status. Having TPS does not hurt anything. 

Get Help 

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011. 

Printable PDF of this fact sheet

Fact Sheet: Driver’s Licenses for All – March 2023

Current as of March 14, 2023 

On March 7, 2023, Governor Tim Walz signed Driver’s Licenses for All into law. The law will go into effect on October 1, 2023. This fact sheet summarizes the new law only.  

Over the next few months, the Department of Public Safety (DPS), ILCM, and our partners will be preparing other resources to help you prepare to apply for a driver’s license. For the latest resources, please visit www.ilcm.org.  

To make this fact sheet easier to read, we refer to “driver’s licenses” throughout, but state identification cards are also available under the new law. 

Who can obtain a driver’s license under the new law? 

Starting October 1, all Minnesotans can obtain a driver’s license regardless of immigration status. To obtain a driver’s license, an applicant who is 21 or older must prove their identity, pass the vision test, and pass the written and driving tests. The requirements for applicants who are between 16 and 21 are different. 

What kind of driver’s license is available under the Driver’s Licenses for All law?  

Starting October 1, all Minnesotans will be eligible for a standard Class D driver’s license regardless of immigration status. There will be no markings on the license indicating citizenship or immigration status. There are two other licenses available in Minnesota: enhanced and Real ID driver’s licenses. To obtain an enhanced or Real ID license, an applicant must prove citizenship or a qualifying immigration status.  

What kind of documents can be used to prove identity? 

Applicants for standard Class D driver’s licenses are already able to use the identity documents listed here to prove their identity. Starting October 1, applicants will also be able to use several foreign and immigration documents to prove their identity. These documents include the following, and the Department of Public Safety (DPS) will publish a longer list of acceptable documents closer to October 1: 

  • Foreign passport 
  • Foreign birth certificate 
  • Foreign adoption certificate 
  • Certain immigration filing and approval notices 

Do I need to provide proof of citizenship or immigration status to obtain a Class D driver’s license? 

Starting October 1, applicants for standard Class D driver’s licenses do not need to provide proof of citizenship or immigration status to obtain a driver’s license. In fact, DPS is not allowed to ask applicants for Class D driver’s licenses about their citizenship or immigration status. 

What are the privacy protections in the Driver’s Licenses for All law? 

Starting October 1, there will be strict restrictions on DPS’s ability to share information outside the agency about someone who holds a Class D driver’s license. 

First, DPS is not allowed to share any information about an individual’s citizenship or immigration status. There is one exception: DPS can share this data with the Minnesota Secretary of State (SOS) to improve voter registration records.  

Second, DPS is not allowed to share any information about individuals who have applied for or received a Class D driver’s license with ICE unless DPS is ordered by a court to do so. 

Third, if DPS shares any information outside the agency about individuals who have applied for or received a Class D driver’s license, the receiving agency must sign a certification that they will not share the information with ICE or use the information to enforce immigration laws.   

Printable PDF of this fact sheet.

Xaashida ay ku qoran tahay xogaha muhiimka ah ee ILCM: Laysinka Darawalnimada Dadka dhan la siiyo – Soomaali/Somali

Hoja informativa de ILCM: Licencias de conducir para Todos – Español/Spanish 

Action Alert: Say No to Ending Asylum

A new anti-asylum rule proposed by the Biden administration echoes one of the worst violations of U.S. asylum law attempted by the Trump administration. The rule attempts to bar asylum seekers who have passed through a third country from applying for asylum in the United States. This blatant violation of human rights and U.S. and international law cannot be allowed to stand.   

The government is required to review and respond to comments on the regulation in writing in the Federal Register. Click here to send a public comment before March 27. To make sure the government counts and considers your comment, please edit the pre-drafted suggestion to make it unique – duplicate comments will otherwise be lumped together and responded to as one. 

The new regulation says that any asylum seekers coming through a third country will face a “rebuttable presumption” of ineligibility. In effect, this new rule would limit asylum to Mexicans, Canadians, people arriving in small boats, and those with the money and connections to obtain visas and airline tickets.  

The “rebuttable presumption” requires asylum seekers to prove “imminent and extreme” threats to life or safety or a medical emergency. Without these exceptional circumstances, they will not even be allowed to apply for asylum. Asylum seekers, already exhausted by long overland journeys and traumatized by violence in their countries of origin and during these journeys, will find this a near-impossible challenge.  

This ban is illegal, inhumane, and dangerous. It violates U.S. asylum law, which gives any person present in or arriving in the United States an absolute right to apply for asylum. U.S. asylum law says that time spent in a third country only bars people passing through a designated ‘safe third country’ or having ‘firmly resettled’ in a third country. Neither Mexico nor any Central American country is designated as a ‘safe third country’.

 The government is required to review and respond to comments on the regulation in writing in the Federal Register. Click here to send a public comment before March 27. To make sure the government counts and considers your comment, please edit the pre-drafted suggestion to make it unique – duplicate comments will otherwise be lumped together and responded to as one. 

Driver’s Licenses for All Becomes Law!

March 7, 2023—Today Governor Tim Walz signed the legislation restoring driver’s licenses to all Minnesotans regardless of immigration status so long as they pass the written and practical tests.

This legislation increases safe legal access to our shared roads for everyone, which was the law in Minnesota until 2003.  The passage of this legislation was accomplished by the efforts of grassroots immigrant organizations, labor unions and nonprofits, business and law enforcement groups, and elected officials across Minnesota. During the debate, supporters highlighted the diverse interests in favor of this bill, including the Minnesota Chamber of Commerce, Minnesota Police and Peace Officers Association and Minnesota Police Chiefs Association, major labor organizations, and numerous immigrant-led organizations.

Speaking at the signing ceremony, ILCM Executive Director Veena Iyer thanked supporters of the bill and especially the immigrant-led organizations in the forefront of the movement, concluding: “So today, we also celebrate our democracy. One that is messy, but one in which ordinary people can come together to do extraordinary things. One in which Driver’s Licenses for All is only the first of many policies that we will pass together to make our state better for all Minnesotans regardless of their immigration status.”

Governor Walz Will Sign Driver’s Licenses for All on Tuesday

March 6, 2023—On Tuesday, March 7, Governor Tim Walz will sign the Driver’s Licenses for All bill at the St. Paul Armory at 10:15 a.m.

The bill will restore driver’s licenses to all Minnesotans regardless of immigration status so long as they pass the written and practical tests, increasing safe legal access to our shared roads for everyone. This was the law in Minnesota until 2003 when the governor unilaterally revoked this right.

The bill, passed by the House and Senate, was supported by grassroots community organizations, nonprofits, business and law enforcement groups, and elected officials across Minnesota.

“This is a major victory for all of us involved – especially those impacted who have been fighting and engaging others since day one,” said ILCM Executive Director Veena Iyer. “Access to driver’s licenses is important for public safety, economic growth, and the dignity of our community members.”

Currently, eighteen states, Washington D.C., and Puerto Rico allow residents to access driver’s licenses regardless of immigration status.

Final Vote Thursday on Driver’s Licenses for All

February 28, 2023—On Thursday, March 2 at 3:30 p.m., the Minnesota House of Representatives is scheduled for a floor session, where the House will vote to formally concur with the Senate amendments on the Driver’s Licenses for All Bill (HF4). The House will take two votes: the first to approve the Senate amendments and the second to re-pass the bill with the amendments. After these votes, the bill will be sent to the governor’s desk for his signature. The House is expected to accept the amendments and re-pass the bill, and the governor is expected to sign it. 

“The struggle for Driver’s Licenses for All has lasted two decades,” said ILCM Executive Director Veena Iyer. “In 2003, the governor unilaterally revoked the right of all Minnesotans – regardless of immigration status – to obtain a driver’s license so long as they passed the written and skills tests and obtained insurance. We are on the cusp of restoring that right.”

On January 30, Driver’s Licenses for All passed the Minnesota House of Representatives by a 69-60 vote. On February 22, the bill passed the Minnesota Senate by a 34-31 vote. The final step before the bill reaches the governor’s desk is the House concurrence because the bill language passed by the Senate differed slightly from the bill language passed by the House. 

Currently, eighteen states, Washington D.C., and Puerto Rico allow residents to access driver’s licenses regardless of immigration status. Learn more about how those states have benefitted through ILCM’s Fact Sheet on Driver’s Licenses. 

Issuing licenses without proof of immigration status would not only benefit immigrants, but also the elderly, those experiencing homelessness, and other groups who may have difficulty obtaining hard-to-access documentation. 

Driver’s Licenses for All: Passes Minnesota Senate!

February 22, 2023 – By a vote of 34-31, the Minnesota Senate passed Driver’s Licenses for All (HF 4) early this morning!

This victory is thanks to the efforts of grassroots immigrant organizations, labor unions and nonprofits, business and law enforcement groups, and elected officials across Minnesota. During the debate, supporters highlighted the diverse interests in favor of this bill, including the Minnesota Chamber of Commerce, Minnesota Police and Peace Officers Association and Minnesota Police Chiefs Association, major labor organizations, and numerous immigrant-led organizations.

In 2003, then-Governor Tim Pawlenty unilaterally changed the administrative rules and barred the state from issuing driver’s licenses to immigrants who are undocumented and who have temporary status. For the past 20 years, impacted community members and a diverse coalition have worked to restore driver’s licenses for all Minnesotans regardless of immigration status.

“This is a major victory for all Minnesotans– especially those impacted who have been fighting and engaging others since day one,” said ILCM Executive Director Veena Iyer. “We are on the cusp of a restoring Driver’s Licenses for All, which will ensure that all Minnesotans once again can travel to work and school without fear.”

The bill, which is slightly different from the one passed by the House, must have the Minnesota House’s final approval before it can be signed into law by Governor Walz and driver’s licenses for all Minnesotans can be restored. A House vote is expected shortly, and the Governor has said he will sign the bill.