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Immigration Law

Expert: Congress Must Fix TPS Problem

Aline Barros, VOA, June 8, 2021

"For many TPS holders, hopes of a path to U.S. citizenship were dashed Monday when the U.S. Supreme Court ruled that certain immigrants with TPS cannot get green cards, or permanent residency, in the United States. The court’s unanimous decision affects those who entered the United States unlawfully and without inspection. The justices unanimously found that having TPS does not constitute a legal admission to the United States. One of the requirements to adjust their status while living in the U.S. and become a green card holder is to have entered the country legally. Though Tilus is not affected by the case, as she entered the country with a tourist visa, the decision is a blow to TPS holders who entered the U.S. unlawfully. The next move could be up to Congress, according to Stephen Yale-Loehr, an immigration law professor at Cornell University's law school. “The Court noted that Congress could fix the problem through legislation,” Yale-Loehr told VOA. “Indeed, such a bill is pending in Congress. The decision highlights the need for Congress to enact immigration legislation to fix our broken immigration system.” Yale-Loehr noted that some TPS holders have been living in the country for more than 20 years."