Aquino request to Obama for TPS for US Filipinos urgent
Flash: President Benigno Simeon Aquino has requested President Barrack Obama to designate the Philippines as a Temporary Protected Status country.
What is Temporary Protected Status (TPS)?
Under the U.S. Immigration Laws, for humanitarian reasons, the U.S. Secretary of Homeland Security may designate a country for TPS due to certain conditions in the country that prevent its nationals from returning safely or in certain circumstances where the country is unable to handle the return of its nationals adequately. The United States Citizenship and Immigration Services (USCIS) may grant TPS to certain countries whose citizens are already in the United States.
The Secretary may designate a country for TPS due to the following temporary conditions in the country:
– Ongoing armed conflict (such as a civil war).
– An environmental disaster (such as an earthquake, a hurricane, or a super typhoon) or epidemic.
– Other extraordinary and temporary conditions.
During a designated period, individuals who are TPS beneficiaries or are found to be eligible upon a preliminary review of their cases:
– Are not removable from the United States.
– May obtain an employment authorization document (EAD).
– May secure a travel document.
Once an individual is granted TPS, he or she cannot be detained on the basis of his or her immigration status. The designation of the Philippines as a TPS country will tremendously benefit the thousands of Filipinos in the United States whether they are in legal or illegal status. Those who came on various visas and went out of status such as: tourists; students; crewmen; various workers such as nurses, IT workers, and others on working visas; those on business visas; investors; entertainers; religious; – can now find immigration relief. Even those who came without visas who just crossed the border from Canada and Mexico – can be granted TPS benefits.
While TPS may not lead to Lawful Permanent Resident status, aside from the other benefits mentioned above, it enables one to do the following:
– Apply now or later for any non-immigrant status and adjust in the US for which the TPS beneficiary qualifies.
– Apply now or later for any immigrant visa and adjust in the US for any immigrant visa for which the TPS beneficiary qualifies.
– Apply for any other immigration benefits or protections for which the TPS beneficiary qualifies.
Nationals of certain designated TPS countries who are in the United States – have been tremendously benefitted by their TPS standing. These countries are: El Salvador, Haiti, Nicaragua, Honduras, Somalia, Sudan, South Sudan and Syria. As a California State Bar Certified Expert on U.S. Immigration Law, I regularly observe how TPS designation really benefits the citizens of these countries. By allowing the citizens of these countries to stay and work legally in the US, both these countries and the US are benefitted.
The damages suffered by some of these countries granted TPS benefits because of major natural disasters – are arguably much less than that wrought in the Philippines by super typhoon Yolanda. The Philippines is definitely qualified to get TPS designation. Various bipartisan U.S. Senators and Congressmen support the grant of TPS for the Philippines. Hundreds of community groups and the Catholic Church likewise strongly support TPS designation for the Philippines. This can be done with a simple Executive Order from President Obama.
But an inherent part of the process is for the President of the affected country to request the President of the United States for TPS designation. I’m glad this has now been done.
Here’s the thing: The Philippines is part of the family of nations. It suffered a major catastrophe causing thousands to lose their lives and hundreds of thousands to lose their homes and livelihoods. The whole world knows we need help. That is the issue. It is not about the capability of a third world government to manage the terrible damage caused by the super typhoon. The TPS provision in the US immigration laws was formulated by people with good hearts. It’s the kind of humanitarian help that the U.S. provides to other nations – which makes America a great nation and which Americans can be truly proud of.. Let’s graciously accept the help given.
Here’s the other thing: In a very real way, in general, the Philippine government is not really able to help Filipinos in distress in the United States. Whether it has to do with immigration issues, civil rights, job discrimination or other problems, it’s lawyers like me and community groups that help. Frankly, I and those who help often get exhausted and frustrated because of no actual Philippine government help. We sometimes even reach into our own pockets to help those in distress aside from providing legal and other services.
Asking the President of the U.S. for TPS designation is a very real way for the President of the Philippines to now provide real help to thousands of Filipinos in the U.S. who contribute tremendously to the Philippine economy and to the betterment of the lives of Filipinos in the homeland.
President Aquino, with all due respect, please do all you can to help us here. Please call, write or even visit President Barrack Obama – if you must – to follow up on your request for TPS designation for U.S. Filipinos and do whatever else is necessary to get this done. I believe he is more than willing to do it but some friendly persuasion may be needed.
To readers: Please disseminate this article far and wide and ask recipients to do the same. Also email a copy to President Benigno Simeon Aquino. If President Obama designates the Philippines as a TPS country, this will be a major benefit to the thousands of Filipinos in the U.S. and the millions in the Philippines affected by super typhoon Yolanda.
Note: Atty. Ted Laguatan is a human rights lawyer based in San Francisco, California. He is one of only 29 US lawyers officially certified continuously for 25 years now as Expert-Specialists on US Immigration Law. Email [email protected]
