PRO & CON ARGUMENTS FOR A TPS CAMPAIGN

What is Temporary Protected Status (TPS)?

CON: TPS is a temporary immigration status granted to eligible nationals of designated

countries (or parts thereof). In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L.
101-649, Congress established a procedure by which the Attorney General may provide TPS to
aliens in the United States who are temporarily unable to safely return to their home country
because of ongoing armed conflict, an environmental disaster, or other extraordinary and
temporary conditions.

On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296,
authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS
designations, was transferred from the Attorney General to the Secretary of Homeland
Security. At the same time, responsibility for administering the TPS program was transferred
from the former Immigration and Naturalization Service (Service) to U.S. Citizenship and
Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).

PRO: during the period for which a country has been designated for TPS, TPS
beneficiaries may remain in the United States and may obtain work authorization. WHILE
WE WAIT FOR THE PASSAGE OF COMPREHENSIVE IMMIGRATION REFORM BECAUSE
IT WILL NOT MATERIALIZE UNTIL NEXT YEAR

THE RUNDOWN
Obama Returns Home to a Full Plate
• With housing and other economic issues bubbling on the front burners, is there room for
immigration reform this year? Yes, White House official Cecilia Muñoz tells the New York
Times. But then note the money quote from Muñoz: "He intends to start the debate
this year." And, the story adds, immigration will "not take precedence" over health
care and energy in the hierarchy of issues important to the White House. Health care,
in particular, will be the focus of the administration and its outside allies in the near future.
So really, the answer is no, there isn't room to tackle immigration reform this year.
Not in a substantive way that moves beyond speeches and "working groups." Remember,
unemployment is on the rise, and "comprehensive" immigration reform never polled very
well even when the economy was good.

CON: However, TPS does not lead to permanent resident status. When the Secretary
terminates a TPS designation, beneficiaries revert to the same immigration status they
maintained before TPS (unless that status had since expired or been terminated) or to any other
status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful
status prior to receiving TPS and did not obtain any status during the TPS designation, the alien
reverts to unlawful status upon the termination of that TPS designation.

PRO: Granting TPS is an executive decision that can be taken by the president, in
consultation with the Head of the Homeland Security Department without going through
Congress.
PRO:

• Public debate over the issue: (the administration does not need to go throughout Congress
to make the decision; under INA the President, and the Head of the Homeland Security
Department can make the decision)
Liberia: President Barack Obama signed a Memorandum for the Secretary of
Homeland Security on March 20, 2009, authorizing an extension of DED for 12 months
(from April 1, 2009, through March 31, 2010) for Liberians (and aliens without nationality who
last habitually resided in Liberia) who were covered under DED as of March 31, 2009. TPS
and DED-related EADs are automatically extended through September 30, 2009. Individuals
requesting employment authorization through March 31, 2010 must apply for an EAD on
Form I-765 while they are covered by DED.
What is Deferred Enforced Departure (DED)? DED has been granted to nationals of
certain countries by the President as an exercise of his constitutional power to
conduct foreign relations. DED was first used in 1990 and has been used for a total of five
countries. In the past DED has provided for a temporary stay of removal and employment
authorization.
Undocumented immigrants are criminals: (to qualify for TPS each person needs to pass
a background check, those that fail to pass the test will be left out without the protection)
• Immigrants are driving recklessly without insurance or Driver License, and are a
danger to national security (if granted, TPS will allow those under this protection the
opportunity of coming out of the shadows, get a driver license/ID and insurance)
• Immigrants do not pay taxes (if granted TPS, immigrants will be able to obtain a social
security number that will allow them to formally join the taxpayer system)
• Immigrants do not deserve citizenship: (TPS status does not lead to permanent
residence, neither to citizenship because is given for an initial period of 18 months with the
option to be renewed if the original conditions that warranted the protection initially; continue
to exist)

• This administration has recognized that we are in a crisis at this moment, therefore
extraordinary measures need to be taken: (TPS could be one extraordinary measure to
help alleviate the situation of Guatemalan immigrants living in the United States and that had
fled the indiscriminate violence taken place in Guatemala today (cite recent examples), and
give time to the administration to debate the comprehensive immigration reform legislation in
Congress)
• IT IS NOT A FREE PASS: (each applicant for TPS will have to pay a registration fee and a
separated fee to obtain a work authorization; if after 18 months the status is renewed, they
will have to pay again a re-registration fee)

We are going to have other organizations/groups to argue against us on this but let’s look to the
short and long term goals of the campaign.

SHORT TERM GOALS OF THE CAMPAIGN:

• Raise the awareness with elected officials in the United States and with the general
public about the raise of violence in Guatemala
o Letter to the President requesting TPS
 o Resolution in Congress condemning the violence in Guatemala
o Dear College Letter condemning the violence in Guatemala (House or Senate)

• Denounce the most recent incidents especially the case of Gladys Monterroso de
Morales, the News reporter and the Mayor that were killed
• Obtain donations to place a paid add in Guatemala to demand clarification of this recent
incidents and let know the perpetrators that we are aware of the situation in Guatemala
and also to follow up the wellbeing of Gladys Monterroso de Morales and the Procurator

LONG TERM GOALS OF THE CAMPAIGN:

• Continue to support the call for Comprehensive Immigration Reform that can protect
Guatemalan in the USA
• Start to open channels of communication with the Obama administration
• Raise the profile of GPDN with the solidarity movement in the USA/Guatemala
• Organize a FACT FINDING delegation to Guatemala in September (I am planning to
travel the last week of September to visit my family, and I can coordinate the delegation)
and after the delegation comebacks produce a report/video.