USA/Somalia: Temporary Protected Status for Somalis in the USA (2001-2009)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 20 August 2009 |
| Citation / Document Symbol | ZZZ103239.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, USA/Somalia: Temporary Protected Status for Somalis in the USA (2001-2009), 20 August 2009, ZZZ103239.E, available at: https://www.refworld.org/docid/4e43ae512.html [accessed 3 November 2019] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The United States Citizenship and Immigration Service (USCIS) reports that Temporary Protected Status (TPS) is a temporary immigration status that may be provided to aliens from designated countries who are in the United States (US) and are unable to return to their home country because of "ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions" (US 14 Aug. 2008). Since 1 March 2003, TPS has been administered by the USCIS, a branch of the Department of Homeland Security; prior to this it was administered by the former Immigration and Naturalization Service (INS) (ibid.).
Somalia was originally designated a TPS country in September 1991 and the status was extended nine times (US 27 July 2009a). On 4 September 2001, Somalia was re-designated for TPS and since that date the designation has been extended seven times, most recently on 27 July 2009 (US 27 July 2009b). The US Department of Homeland Security announced on 27 July 2009 that the TPS for Somali nationals would be extended from 17 September 2009 until 17 March 2011; those who had been granted TPS are required to re-register for the 18-month extension within a 60-day period between 27 July 2009 and 24 September 2009 (US 27 July 2009b). When TPS for Somali nationals was previously extended, applicants were also required to re-register within a 60-day period (Federal Register 26 July 2002; ibid. 21 July 2003; ibid. 6 Aug. 2004; ibid. 29 July 2005; ibid. 27 July 2006; ibid. 12 Mar. 2008). When TPS for Somalia was re-designated on 4 September 2001, applicants were given a 90-day period in which to register (ibid. 4 Sept. 2001).
According to the USCIS website, TPS forms take an average of three months to process (US 2 Apr. 2009). In order to renew TPS, applicants must submit documents to prove identity and nationality, such as a passport or birth certificate; documents to prove entry into the US, such as a passport or I-94 Arrival/Departure Form; and documents to prove residence in the US, such as employment records, rent receipts, utility bills, school records, medical records, and/or attestations by churches, unions or other organizations (US 17 Oct. 2007).
USCIS indicates that there are approximately 250 Somali nationals eligible to re-register for TPS (US 27 July 2009b). To be eligible to renew TPS, an applicant must: be a Somali national (or "an alien without nationality who last habitually resided in Somalia"); have "continuously resided" in the US since 4 September 2001; have been "continuously physically present" in the US since 4 September 2001; and have cleared routine security checks (US 27 July 2009c).
Somalis who did not apply for TPS during the initial registration period even though they were in the US can apply for TPS provided they meet the same criteria outlined above (ibid.). In addition, they must show that during the initial registration period they met one of the following criteria: had a valid non-immigrant status; had been granted voluntary departure or any relief from removal; had a pending application for change of status, adjustment of status, asylum, voluntary departure or any relief from removal; or are currently a parolee, had a pending request for re-parole, or are the spouse or child of an alien currently eligible for TPS (ibid.).
Applicants who have been convicted of a felony or two or more misdemeanours are ineligible for TPS (US 27 July 2009a). According to USCIS, there are also "certain criminal and terrorism-related inadmissibility grounds" that can cause an applicant to be ineligible for TPS (ibid.). Somalis who arrived in the US after 4 September 2001 are also not eligible for TPS (ibid. 27 July 2009b; US 27 July 2009c). It is also possible for TPS recipients to lose their TPS benefits if they do not re-register for TPS in a timely manner "without good cause" or if they do not maintain continuous presence in the US (US 27 July 2009a).
TPS does not lead to eligibility for permanent residence status in the United States (US 27 July 2009a; US 14 Aug. 2008). For a TPS beneficiary to become a permanent resident, he or she must qualify based on family relationship, employment classification or other criteria for immigration (US 27 July 2009a). A TPS beneficiary is allowed to apply for non-immigrant status, file for adjustment of status or apply for other immigration benefits and protection (ibid.). When a country is no longer designated as TPS, the beneficiary's status reverts to what it was before being granted TPS if he or she has not acquired a new status (ibid.). Therefore, a TPS recipient without any other legal status for residence in the US may be deported when the country is no longer designated for TPS (ibid.).
TPS beneficiaries are allowed to live in the United States and are able to obtain work authorization for the duration of the TPS (US 14 Aug. 2008). According to the USCIS website, USCIS will automatically extend Employment Authorization Documents (EADs) of Somali TPS beneficiaries from 17 September 2009 to 17 March 2010 to provide sufficient time to renew EADs "without any lapse in employment authorization" (US 27 July 2009b). Similar automatic six-month extensions for EADs were granted on 27 July 2006 and 12 March 2008 when TPS was previously extended for Somali nationals on those dates (Federal Register 12 Mar. 2008; ibid. 27 July 2006). Previously, when the TPS designation was extended, applicants were required to renew EADs, but did not receive an automatic six-month extension (Federal Register 26 July 2002; ibid. 21 July 2003; ibid. 6 Aug. 2004; ibid. 29 July 2005). The USCIS website indicates that EAD forms take an average of three months to process (US 2 Apr. 2009).
The National Immigrant Justice Center (NIJC), a Chicago-based project of Heartland Alliance for Human Needs and Human Rights which provides legal services and advocates on behalf of immigrants, refugees and asylum seekers (NIJC 12 Apr. 2007), reports that a legal decision of March 2007 allows TPS applicants whose applications have been denied and who have been placed in deportation proceedings to have an immigration judge review their applications (NIJC 1 Mar. 2007). According to NIJC's director of legal services, some people with legitimate TPS cases have been denied TPS for "no apparent reason" (ibid.). NIJC cited a case where a TPS application of a man from El Salvador was denied, even though his mother's application, which was reportedly identical, was granted (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Federal Register. 12 March 2008. "Extension of the Designation of Somalia for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Somali Temporary Protected Status Beneficiaries." (Factiva)
_____. 27 July 2006. "Extension of the Designation of Somalia for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Somali Temporary Protected Status Beneficiaries." (Factiva)
_____. 29 July 2005. "Extension of the Designation of Somalia for Temporary Protected Status." (Factiva)
_____. 6 August 2004. "Extension of the Designation of Somalia for Temporary Protected Status." (Factiva)
_____. 21 July 2003. "Extension of the Designation of Somalia Under Temporary Protected Status Program." (Factiva)
_____. 26 July 2002. "Extension of the Designation of Somalia Under the Temporary Protected Status Program." (Factiva)
_____. 4 September 2001. "Extension and Redesignation of Somalia Under Temporary Protected Status Program." (Factiva)
National Immigrant Justice Center (NIJC). 12 April 2007 "About Heartland Alliance's National Immigrant Justice Center."
_____. 1 March 2007. "Board of Immigration Appeals Decision Brings New Hope to Immigrants Seeking Protection in the U.S."
United States (US). 27 July 2009a. Citizenship and Immigration Services (USCIS). "Extension of the Designation of Somalia for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Somalian TPS Beneficiaries."
_____. 27 July 2009b. USCIS. "18-Month Extension of Temporary Protected Status for Somalia."
_____ . 27 July 2009c. USCIS. "Questions and Answers: 18-Month Extension of Temporary Protected Status for Nationals of Somalia."
_____. 2 April 2009. USCIS. "USCIS Processing Time Goals."
_____. 14 August 2008. USCIS. "Temporary Protected Status."
_____. 17 October 2007. USCIS. "I-821, Application for Temporary Protected Status."
Additional Sources Consulted
Oral Sources: Attempts to reach representatives of USCIS, the US Embassy in Ottawa, and the National Immigrant Justice Center were unsuccessful within time constraints.
Internet Sites, including: Amnesty International (AI), Factiva, Freedom House, Google, Human Rights First, International Crisis Group, Office of the United Nations (UN) High Commissioner for Refugees (UNHCR) Refworld, United States (US) Embassy in Ottawa.
