The United States has ended or is considering ending Temporary Protective Status (TPS) for people from many countries that our State Department says “have life-threatening risks,” countries to which the State Department advises U.S. citizens should not travel.
We are okay, though, with sending folks back to those countries, even as there are horrific conditions.
That changed today for Haiti. According to Reuters, “A federal judge on Monday blocked the Trump administration from revoking legal protections for more than 350,000 Haitians in the U.S., preventing their potential deportation to a country that has been ravaged by gang violence.”
What is Temporary Protected Status?
Currently, there are 15 countries, including Haiti, whose citizens have been granted Temporary Protected Status (TPS), a U.S. Citizen and Immigration Services program: “TPS provides a temporary immigration status to eligible nationals of certain designated foreign states (or persons without nationality who last habitually resided in the designated foreign state) who are physically present in the United States.”
It is considered a humanitarian status, according to USCIS: “protection to individuals unable to reside in their home countries; to individuals who must enter the U.S. under urgent circumstances; and to victims of certain crimes, including but not limited to human trafficking, domestic violence, abandonment, neglect, or abuse.”
Why Would TPS End?
TPS is by definition temporary. “After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem” can decide to end TPS. She has set deadlines to do so for countries such as El Salvador, Lebanon, Somalia, Sudan, Ukraine, Yemen, Burma, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, South Sudan, and Syria. (The last eight are under active legal challenge for the termination of TPS.)
Of these countries, all except El Salvador (designated Level 1) are Level 4 countries according to U.S. State Department Travel Advisories.
Level 4 is “Do not travel. This is the highest advisory level due to life-threatening risks. Specific risks are described in the Travel Advisory. The U.S. government may have very limited or no ability to help, including during an emergency. We advise that U.S. citizens do not travel to the country, or to leave as soon as it is safe to do so.”
Of the eight TPS countries currently under active legal challenge, four are designated at Level 4: Burma, South Sudan, Syria, and Haiti.
The other four are designated at Level 3: “Reconsider your travel to the destination due to serious risks to safety and security. Specific risks are described in the Travel Advisory.” They include Ethiopia, Honduras, Nepal, and Nicaragua.
So the United States, having granted legal protective status to immigrants, is now sending or attempting to send them back to countries that are unsafe for U.S. citizens, due to gang violence, crime, terrorism, hostage-taking, kidnapping, lack of medical care, natural disasters, or other terrible situations.
Haitians under TPS in the U.S. have been temporarily allowed to retain their status. More litigation is likely, of course, as our U.S. government moves to decrease or eliminate TPS.
How does all this affect adoptees?
In terms of legal status, minimally if at all, TPS generally does not cover adoptees, who enter the U.S. on a visa, as opposed to a TPS designation. (Reminder: I am not a lawyer; always consult an attorney.)
That said, some in the adoption community from countries like Ukraine, Ethiopia, and Haiti–countries which have placed children for adoption in the U.S. in relatively significant numbers (a total of 37,000 from those 3 countries since 1999)–worry that they will get caught up in sweeps if their country no longer has TPS. I hope that their fears are not warranted.
Even adoptees with full proof of citizenship have had concerns, whether they are from countries with TPS or not. This may be especially true in Minnesota right now: “Minnesota has one of the highest concentrations of Korean adoptees in the United States. Here’s how they’re protecting each other during ICE raids.”
I would imagine also that some adoptees worry about their country, and about their family members and friends here in the U.S. and in-country. And perhaps others wonder how welcome they truly are in the U.S.
Some Resources:
Korean adoptee Kelsey Arnston writes on Facebook “Mostly, I’m heartbroken that this is the reality for myself and so many others right now, even as a legal US citizen. Please don’t tell us, “you’ll be fine, you’re a citizen” or “turn off your phone and stop watching the news.” This feels incredibly dismissive and invalidating. Even with all the right papers, identification, trackers, plans and all…we need to be ready for the “just in case.” There may be people you know that are struggling with these fears in silence. I’m fortunate to have a strong support system. However, many do not, and I worry about them falling through the cracks of our justice system.”
From Rewriting Adoption: Dealing With Immigration Policies Through the Lens of Many Adopted People.
Chinese Adoptee Alliance is holding a workshop tomorrow February 3: Immigration and ICE–You Have Your Documents. Now What?
Adoptees United: We Need to Talk, a monthly chat for adoptees about citizenship and other issues of concern
Adoptees for Justice: Advocating for citizenship for all international adoptees
