TPS Termination Sends Wave Of Fear Over Miami And Barry Students
By Crisbely Welsh
Changes to Temporary Protected Status are creating uncertainty for Barry University students and their families. Students share how the potential loss of immigration protections affects their education, financial stability and future.
For American students at Barry, Temporary Protected Status (TPS) is just another immigration term that doesn’t affect them. For others, it controls their future on campus. Without it, parents can’t work and provide for their family, some students cannot plan their lives after graduation, others are afraid to commute to campus and, worse yet, some students’ families have even been separated.
For a brief history, Congress created TPS in 1990 for people already living in the United States whose home countries became unsafe because of wars, natural disasters, epidemics, or other conditions outside of their control. According to the Associated Press, TPS has covered nearly 1.3 million people from 17 countries: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela and Yemen.
To qualify for TPS, a person must be a national of a country the Department of Homeland Security has designated for TPS and must have lived in the United States continuously since the date set in that designation. Someone who arrived afterward does not qualify unless the government later redesignates the country.
Each period of protection lasts between six and 18 months. Holders must re-register every time the government extends it. TPS shields a person from deportation and allows them to work legally. It does not lead to a green card or citizenship. That separates it from asylum, which requires proving persecution and can lead to permanent status, and from refugee resettlement, which applies to people still outside the country.
In June, however, the Supreme Court ruled in Mullin v. Doe that federal law generally bars courts from reviewing decisions to end TPS for a country. The ruling cleared the way for the Department of Homeland Security, without court approval, to end protections for about 350,000 Haitians and 600,000 Venezuelans.
Terminations for Ethiopia, Myanmar, Somalia, Sudan, South Sudan, Ukraine and Yemen have also taken effect. Lebanon's termination is set for November. Salvadorans are worried about their status as El Salvador's designation expired Sept. 9, but the Department of Homeland Security said Salvadorans keep their protection until it announces a decision.
Farah Larrieux is a Haitian immigration rights advocate and was a TPS holder since 2010. Today, she lives in the shadows.
"Whether you are a first-generation immigrant or a sixth-generation immigrant, we are all humans. This is not an immigration issue, this is a human rights issue," she said.
Featured for her outstanding work with the TPS National Alliance across outlets like CNN, WPLG, NPR and at an Oct. 3 Barry University forum called Keeping it Civil: Miami’s 130, Larrieux added, "Unless you are a Native American, you are also the children of immigrants. Even Trump is the children of immigrants himself as his grandfather came to America illegally."
In 2017, Larrieux came to Barry University to speak as part of a Buccaneer newspaper-sponsored panel discussion defending DACA and TPS. Nine years later, she is still in the fight but had to join October's program via Zoom for her own protection.
What does termination mean for Barry students?
If a designation ends, protections stop on a date the government announces, and the work permits tied to the status stop with them. Holders then face the risk of deportation. This is especially worrying now, with some raising concerns about U.S. Immigration and Customs Enforcement (ICE) and the treatment of those in its custody.
With 15% of Barry University students being non-residents, many Barry students and their families are natives of the countries that have lost protection. Many students have mixed-status families where one relative holds TPS.
A Venezuelan student who wishes to remain anonymous expressed the anxiety this ruling has had on the Venezuelan community in Miami.
“The uncertainty surrounding TPS has been stressful for me and my family because it puts the future we have worked hard to build into question,” the student said. “Many Venezuelans came to the United States legally and established their lives here, relying on TPS protections put in place by the U.S. government itself. Yet they now face losing the protections that allowed them to stay and work legally; even after more than eight years in this country.”
In fact, work authorization is usually the first thing affected. A parent who loses a work permit may no longer be able to cover rent, groceries, or tuition. A student with TPS may lose a campus or off-campus job. It is also hard to focus on your studies with the looming threat of deportation and uncertainty about whether you may be able to create a life for yourself and your family after graduation.
“We have built careers, pursued an education, paid taxes, and contributed to our communities. It is difficult to feel settled when your ability to remain in the place you call home is uncertain. For me, this is deeply personal: it affects my family’s stability, my education, and the future I am working toward,” the student added.
Other parts of daily life can shift as well. Documents such as driver's licenses can depend on lawful status, and eligibility for financial aid and tuition rates can depend on immigration status, so students should confirm their specific situation with Barry's financial aid office.
What students and families should do
Stay informed. The U.S. Citizenship and Immigration Services website lists the current status and dates for every designated country. Check often since there is a lot of uncertainty as dates and status can change at any time.
Talk to a qualified immigration attorney or a Department of Justice accredited representative before making decisions. Some people with TPS may qualify for other protection, including asylum.
Keep copies of work permits, receipts, and any other legal documents on your person.
Make a plan. Decide who would care for children or relatives if a parent is detained.
Talk to an attorney before traveling outside the United States. Leaving the country can affect your status and your ability to return.
Watch out for scams. Be careful with anyone who promises guaranteed results, pushes you to pay large amounts of cash, or offers immigration help without being an attorney or accredited representative.
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