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Otherwise deportable aliens cannot be deported while they have Temporary Protected Status (TPS), but they revert back to being deportable when their TPS status has been terminated. Consequently, it was not surprising when, a day after Acting DHS Secretary Elaine Duke announced that she was terminating Haitian TPS, an article appeared asking, “Is Trump going to deport 59,000 Haitians who fled a humanitarian crisis?”

Duke delayed the effective date of the termination by 18 months to allow for an orderly transition, and no one knows what Trump’s enforcement priorities will be 18 months from now. Moreover, if he does not get the immigration court backlog under control, he may not be able to put the Haitians through removal proceedings.

Nevertheless, they will be deportable when their status expires if they haven’t obtained lawful status on some other basis. And they cannot compel Duke to reinstate their TPS status.


The same fate awaits TPS aliens from nine other countries when their status is terminated.




Read more at http://thehill.com/opinion/immigrati...o-be-permanent

Published originally on The Hill.

About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.