September 15, 2020

Warner, Kaine Push for TPS Protections in Next COVID-19 Relief Legislation

~ Virginia is home to more than 27,500 TPS recipients, many of whom work in essential industries like health care, agriculture, and manufacturing ~

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today pushed to protect thousands of essential workers in the National Capital Region including those with Temporary Protected Status (TPS), whose eligibility is in question due to ongoing legal efforts by the Trump Administration to terminate the program. In a letter, the Senators urged Senate leaders to include an automatic extension of work authorizations for TPS recipients, such as those from El Salvador, Nicaragua, and Honduras, in the next COVID-19 legislation, citing TPS recipients’ critical work to help combat COVID-19. This letter comes on the heels of yesterday’s Ninth Circuit decision in Ramos v. Nielsen, which ruled that the Trump Administration can move forward with ending TPS for El Salvadorans.

“As the nation and region continue to grapple with the health and economic consequences of COVID-19, TPS holders are on the front lines, serving our communities,” wrote the Senators. “In Virginia alone, an estimated 6,700 TPS holders work in industries deemed by the Department of Homeland Security (DHS) as “essential critical infrastructure” including health care, agriculture, and manufacturing. Automatically extending work authorization for TPS holders is not only the morally correct thing to do, but also in the best interest of the National Capital Region’s, and the United States’ public health.” 

“While DHS has automatically extended status and associated EADs for TPS holders from these nations through at least March 6, 2021, such assurances should be built upon as we quickly near DHS’s expiration deadline. In a moment where their essential services are needed most, we would be unwise to turn our back on TPS holders,” they continued. “The quickest means to retain the critical talent and work of TPS holders in addressing the COVID-19 pandemic is to automatically extend all work authorizations.  This would mitigate any processing backlogs at United States Citizenship and Immigration Services (USCIS) and help TPS holders and their families weather this uncertain time.”

Virginia is home to more than 27,500 recipients of TPS – a temporary legal status granted to foreign citizens fleeing violence or disaster in their home countries. Many TPS residents, whose home countries remain too dangerous to return, have lived in the United States for decades, developing strong ties and making countless contributions to their local communities. 

Sens. Warner and Kaine have been long-time supporters of TPS protections and comprehensive immigration legislation. In June, they joined their Democratic colleagues in a letter calling on the Senate Majority Leader to bring the House-passed American Dream and Promise Act to the Senate floor. In April, they joined their colleagues in urging the President to automatically extend work authorizations for TPS and Deferred Action for Childhood Arrivals (DACA) recipients. 

A copy of the letter can be downloaded here and text is available below.

 

Dear Leader McConnell and Leader Schumer:

As the COVID-19 pandemic continues, we write to urge you to protect thousands of members of Virginia’s essential workforce, including those with Temporary Protected Status (TPS).  Temporary Protected Status is a temporary, legal status granted to foreign citizens fleeing violence or disaster in their home countries.  Many TPS residents have lived in the United States for decades because their home countries remain too dangerous to return. During their time in the United States, these American residents have made countless contributions to our communities.  Our House colleagues have taken steps to protect TPS residents by including an automatic extension for TPS holders’ Employment Authorization Documents (EADs) in the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act.

We are proud to represent over 27,500 TPS holders in Virginia.[1] As the nation and region continue to grapple with the health and economic consequences of COVID-19, TPS holders are on the front lines, serving our communities.  In Virginia alone, an estimated 6,700 TPS holders work in industries deemed by the Department of Homeland Security (DHS) as “essential critical infrastructure” including health care, agriculture, and manufacturing.[2] Automatically extending work authorization for TPS holders is not only the morally correct thing to do, but also in the best interest of the National Capitol Region’s, and the United States’ public health. 

In Virginia, the vast majority of TPS holders come from El Salvador and Honduras, nations for whom TPS eligibility is in question due to ongoing litigation in Ramos v. Nielsen and Bhattarai v. Nielsen.[3]  Yesterday’s Ninth Circuit decision in Ramos v. Nielsen, which allows the Trump administration to move forward with ending TPS for El Salvadorans, further intensifies the need to provide stability for TPS recipients.  While DHS has automatically extended status and associated EADs for TPS holders from these nations through at least March 6, 2021, such assurances should be built upon as we quickly near DHS’s expiration deadline.  In a moment where their essential services are needed most, we would be unwise to turn our back on TPS holders.  The quickest means to retain the critical talent and work of TPS holders in addressing the COVID-19 pandemic is to automatically extend all work authorizations.  This would mitigate any processing backlogs at United States Citizenship and Immigration Services (USCIS) and help TPS holders and their families weather this uncertain time.

The COVID-19 pandemic has laid bare the reality that our nation relies on immigrant communities to disproportionately serve in critical industries, something we see in Virginia daily.  We urge you to prioritize the nation’s health and safety by including an automatic extension of work authorizations for TPS recipients in the next COVID-19 legislation.  We must take the necessary steps, including this one, to strengthen our essential workforce, not weaken it. Thank you for your time and consideration.

Sincerely,

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