TPS for Somalis set to end March 17: What those affected need to know

The Department of Homeland Security recently announced the termination of Temporary Protected Status (TPS) for Somalis living in the United States with that designation. The end date is set for March 17. 

TPS is granted by the federal government to individuals from countries going through a humanitarian crisis that compromises the ability of citizens of that country to live there safely. Examples of crises include natural disasters and civil war. TPS allows for people to live in the United States until conditions have stabilized enough for return. 

With TPS people are allowed work authorization in the U.S. 

Although the Department of State strongly advises not to travel to Somalia due to alleged “crime, terrorism, civil unrest, health, kidnapping, piracy, and lack of availability of routine consular services,” Homeland Security Secretary Kristi Noem says, “Country conditions in Somalia have improved to the point that it no longer meets the law’s requirement for Temporary Protected Status.” 

Estimates say that there are approximately 700 Somalis in the U.S with TPS and 400 across Minnesota. 

 Julia Decker, policy director for the Immigrant Law Center of Minnesota

We talked to Julia Decker, the policy director for the Immigrant Law Center of Minnesota, regarding what to know about the looming end to the program for Somalis. 

How to prepare

For anyone who anticipates they may lose their TPS designation come March, they should meet with an immigration lawyer as soon as possible, Decker says. 

“It’s going to be very fact dependent (on) what exactly a person’s options might be.” she said. 

There is not a one size fits all approach to figuring out what next steps are available after the end of one’s TPS designation. Some people may go on to apply for asylum while others may have a pathway to applying for a Green Card. Understanding what is next is why it is critical to meet with a lawyer Decker says.

We should all be paying attention

The end of TPS for certain countries could be a signal for other kinds of immigration statuses that could be at risk. 

“Deferred Enforced Departure or DED – it is a little bit similar in the sense that it's designated by the government and (there is a) set time period in which people are allowed to not have to leave the country and can get work authorization.” Decker says. 

Although there are distinct differences, Deferred Action for Childhood Arrivals (DACA) is another status that Decker says is analogous to TPS because of its vulnerability to the whims of the Federal government. 

“In the grand scheme of thinking about groups that are vulnerable to an administration that is willing to pull the rug out from under people without really caring about whether the process has been followed or not.” Decker says. 

Trump said he would end TPS last year, why is it official now? 

On Nov. 21, President Trump said in a late night social media post that he was immediately ending TPS protections for Somalis in Minnesota. It wasn’t clear how that would go into effect. 

“The Secretary of Homeland Security has to publish the notice in the Federal Register to officially start the termination process of any temporary protected status. The posting on social media was just a throwaway statement, the only way to actually do that is to do what they officially did a few days ago, which was to publish a notice in the Federal Register.” Decker says.