The agreement is the result of a new settlement in CARECEN v. Cuccinelli, a lawsuit filed by Democracy Forward, the Catholic Legal Immigration Network, Inc. (CLINIC), Montagut & Sobral, PC, and Debevoise & Plimpton, LLP in August 2020. Seven Temporary Protected Status (TPS) beneficiaries and the Central American Resource Center (CARECEN) sued the Trump administration for unlawfully denying tens of thousands of TPS beneficiaries the opportunity to take steps to adjust their immigration status and become permanent residents. In the lawsuit, the seven current TPS holders shared their stories. Now, each one now has the opportunity to obtain permanent residence.
The December 2019 policy change, disguised as a mere clarification, was one of the Trump administration’s many efforts to eliminate TPS protections for tens of thousands of beneficiaries. The groups’ lawsuit alleged the change violated the Administrative Procedure Act and the Immigration and Nationality Act; was motivated by the Trump administration’s racial and anti-immigrant bias; and was unlawfully authorized by Ken Cuccinelli, whose appointment was deemed illegal by a federal court in March 2020 in response to a separate lawsuit brought by Democracy Forward, CLINIC, RAICES, and Debevoise & Plimpton LLP.
“Today’s agreement will allow TPS beneficiaries—many of whom have lived in the U.S. for decades and built deep roots in their communities—to once again seek permanent residency and extinguish the threat of deportation if their TPS protections are revoked,” said Democracy Forward Senior Counsel John Lewis. “The Trump administration’s policy illegally sought to destabilize the lives of tens of thousands with TPS protections. We’re proud to have helped restore protections that ensure our neighbors have a path to pursue permanent residency.”
Learn more about the lawsuit here.
В результате судебного иска USCIS согласилось опять изменить правила и разрешать тем, кто в США на статусе TPS подавать на грин карту через процесс adjustment of status.