Original Date AnnouncedDecember 20, 2019
USCIS issues policy alert, purporting to "clarify" that TPS beneficiaries who depart and return to the United States based on authorized travel (advance parole) remain in the same immigration status and circumstances as when they left the United States. The guidance further states that those TPS beneficiaries with final removal orders at the time of departure remain TPS beneficiaries with final orders upon lawful return and those beneficiaries in removal proceedings remain TPS beneficiaries in removal proceedings upon lawful return. This policy alert was issued while Ken Cuccinelli purported to serve as Acting USCIS Director and bears letterhead indicating that it is issued by the USCIS Office of the Director.
[ID #118]Effect of Travel Abroad by Temporary Protected Status Beneficiaries with Final Orders of Removal
Subsequent Trump-Era and Court Action(s)
August 26, 2020
CARECEN v. Cuccinelli (D.D.C. Aug. 26, 2020) - Complaint
CARECEN and other groups sue USCIS, alleging that this policy alert (which the agency characterizes as a a mere "clarif[ication]") effectively creates a new rule for TPS beneficiaries, changing the legal effect of traveling with prior USCIS consent. The plaintiffs raise arguments under the HSA and FVRA, arguing that the policy was unlawfully promulgated by Acting USCIS Director Cuccinelli. On November 12, the court denied without prejudice plaintiffs' motion for a preliminary injunction, extended filing deadlines, and ordered parties to propose a joint briefing schedule by November 23, 2020.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**View Document
Biden Administration Action: ModifiedMarch 21, 2022
2022.03.21 CARECEN v. Jaddou, Civil Action No. 20-2363 (RBW), Stipulation of Settlement and Dismissal (D.D.C., March 21, 2022).
This Biden administration action modifies the Trump-era policy identified in this entry.
On March 21, 2022, as a settlement in the case CARECEN v. Jaddou, USCIS agreed to restore a path to permanent residency for many Temporary Protected Status (TPS) beneficiaries blocked by then-acting USCIS Director Ken Cuccinelli.View Document