This measure would condemn the decision to end the Temporary Protected Status designation for El Salvador. Salvador, Haiti, Nicaragua, and Sudan. The measure would also urge the United States Congress to enact a bipartisan permanent solution for Salvadorans, Haitians, Nicaraguans, Hondurans, and Sudanese with Temporary Protected Status.

This measure would condemn the decision to end the Temporary Protected Status designation for El Salvador.

WHEREAS, The Temporary Protected Status program was enacted after President George H.W. Bush signed the Immigration Act of 1990; and

WHEREAS, The program provides temporary lawful status and work authorization to people from countries affected by armed conflict, natural disaster, famine, or other strife in their home country; and

WHEREAS, In 2001, El Salvador was devastated by two massive earthquakes that killed more than 1000 people and left one million others homeless. In response to those devastating natural disasters, the United States granted Salvadoran citizens Temporary Protected Status; and

WHEREAS, Since the time that these devastating natural events struck El Salvador, the United States has extended Temporary Protected Status to displaced Salvadorans 11 times; and

WHEREAS, The last time it Temporary Protected Status for Salvadorans was extended, in 2016, the Obama administration found that El Salvador was still struggling to recover from the earthquakes, and that the fiscal, unemployment, and security situations in El Salvador remain poor; and

WHEREAS, The largest concentration of protected Salvadorans live in California, according to a study by the Center for Migration Studies and an estimated 49,000 people put down roots and work legally in the state; and

WHEREAS, On Monday, January 8, 2018, an official from the Department of Homeland Security issued a statement that said that they would be ending Salvadorans Temporary Protected Status. This announcement came just weeks after more than 45,000 Haitians lost protections granted after Haitis 2010 earthquake; and

WHEREAS, It is estimated that over 260,000 Salvadorans who have been living and working in this country for over a decade will be displaced; and

WHEREAS, In addition, more than 50,000 children in California were born in the United States, but have Salvadoran parents who now face deportation due to losing their Temporary Protected Status. Those American children will either have to return move to El Salvador with their parents, stay in the United States and separate from their parents, or stay with their parents in United States, but face their parents potential deportation; and

WHEREAS, Individuals with Temporary Protected Status are part of the states economy and social fabric; and

WHEREAS, Twenty percent of Salvadorans with Temporary Protected Status arrived in California before 15 years of age and 97 percent of all of the Temporary Protected Status population from El Salvador are over 25 years of age; and

WHEREAS, Salvadorans with Temporary Protected Status in California have lived in the United States for an average of 22 years; and

WHEREAS, Thirty-nine thousand four hundred workers in California are Salvadorans with Temporary Protected Status. The leading industry of Salvadorans is construction work; and

WHEREAS, California would lose $2.4 billion dollars from the states gross domestic production annually without Salvadorans with Temporary Protected Status; and

WHEREAS, The unemployment rate for Salvadorans with Temporary Protected Status is low5 percent, similar to the national rate; and

WHEREAS, Eight thousand seven hundred households of Salvadorans with Temporary Protected Status in California have mortgages; and

WHEREAS, The Trump administrations decision will likely have its greatest impact in southern California, home to the countrys largest population of immigrants from El Salvador; and

WHEREAS, Salvadorans with Temporary Protected Status have already fulfilled many of the requirements for lawful permanent residence and the overwhelming majority hold at least one job, pay taxes, and pay for their own insurance, have no record of criminal conduct, and have demonstrated that they will advance to become full members of society through educational achievement, home ownership, entrepreneurship, and raising children in the United States; and

WHEREAS, The Trump administrations decision to end the Temporary Protected Status designation for El Salvador aligns with the vulgar and racist comments reportedly made by President Trump on January 11, 2018, when meeting with a group of bipartisan legislators at the White House to discuss the possible extension of the Deferred Action for Childhood Arrivals program; now, therefore, be it and

WHEREAS, The Trump administration has also announced the termination of Temporary Protected Status for nationals of Haiti, Nicaragua, and Sudan, countries that are still recovering from an earthquake, a hurricane, and a genocide, respectively, that each resulted in thousands of deaths and widespread displacement; and

WHEREAS, The Trump administration will decide in July 2018 whether to extend or terminate Temporary Protected Status for Honduras, a country also devastated by hurricane; and

WHEREAS, The loss of Temporary Protected Status would impact over 150,000 Haitian, Honduran, Nicaraguan, and Sudanese nationals living in the United States with that status, as well as their families, communities, employers, and the California economy in much the same way that the loss of Temporary Protected Status affects Salvadorans; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature condemns the decision to end the Temporary Protected Status designation for El Salvador; Salvador, Haiti, Nicaragua, and Sudan; and be it further

RESOLVED, That the Legislature urges the United States Congress to enact a bipartisan, permanent solution for Salvadorans, Haitians, Nicaraguans, Hondurans, and Sudanese with Temporary Protected Status; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

WHEREAS, The Temporary Protected Status program was enacted after President George H.W. Bush signed the Immigration Act of 1990; and

WHEREAS, The program provides temporary lawful status and work authorization to people from countries affected by armed conflict, natural disaster, famine, or other strife in their home country; and

WHEREAS, In 2001, El Salvador was devastated by two massive earthquakes that killed more than 1000 people and left one million others homeless. In response to those devastating natural disasters, the United States granted Salvadoran citizens Temporary Protected Status; and

WHEREAS, Since the time that these devastating natural events struck El Salvador, the United States has extended Temporary Protected Status to displaced Salvadorans 11 times; and

WHEREAS, The last time it was extended, in 2016, the Obama administration found that El Salvador was still struggling to recover from the earthquakes, and that the fiscal, unemployment, and security situations in El Salvador remain poor; and

WHEREAS, The largest concentration of protected Salvadorans live in California, according to a study by the Center for Migration Studies and an estimated 49,000 people put down roots and work legally in the state; and

WHEREAS, On Monday, January 8, 2018, an official from the Department of Homeland Security issued a statement that said that they would be ending Salvadorans Temporary Protected Status. This announcement came just weeks after more than 45,000 Haitians lost protections granted after Haitis 2010 earthquake; and

WHEREAS, It is estimated that over 260,000 Salvadorans who have been living and working in this country for over a decade will be displaced; and

WHEREAS, In addition, more than 50,000 children in California were born in the United States, but have Salvadoran parents who now face deportation due to losing their Temporary Protected Status. Those children will either have to return to El Salvador with their parents, stay in the United States and separate from their parents, or stay with their parents in United States, but face their parents potential deportation; and

WHEREAS, The administrations decision will likely have its greatest impact in southern California, home to the countrys largest population of immigrants from El Salvador; and

WHEREAS, The administrations decision to end the Temporary Protected Status designation for El Salvador aligns with the vulgar and racist comments made by President Trump on January 11, 2018, when meeting with a group of bipartisan legislators at the White House to discuss the possible extension of the Deferred Action for Childhood Arrivals program; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature condemns the decision to end the Temporary Protected Status designation for El Salvador; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

 THIRD READING  

Bill No: SJR 17

Author:

:

Vote: 21

SENATE JUDICIARY COMMITTEE: 5-1, 4/3/18

AYES: Jackson, Hertzberg, Monning, Stern, Wieckowski

NOES: Moorlach

NO VOTE RECORDED: Anderson

SUBJECT:

SOURCE: Author

DIGEST:

This resolution makes a series of findings and declarations about the community ties and positive contributions made by Salvadoran and other immigrants authorized to live and work in the United States through the humanitarian “Temporary Protected Status” (TPS) program. It condemns the federal government’s decision to end the TPS designations for El Salvador, Haiti, Sudan, and Nicaragua and urges it not to terminate TPS for Hondurans. The resolution points out ongoing problems in those countries and the fact that, if the U.S. President and Congress do not take action, thousands of California families with mixed immigration statuses will have to choose between: moving to those countries to face an uncertain future, living apart, or risking detention and deportation. With this in mind, the resolution urges the U.S. President and Congress to reinstate the TPS designations for these countries and to create permanent legal status for the corresponding TPS holders.

ANALYSIS:

Existing law:

1. Allows specified foreign nationals to apply for TPS, which is time-limited authorization to reside and work in the U.S. while their countries of origin recover from the impact of major natural disasters or extreme civil conflict. (8 U.S.C. Sec. 1254a.)
2. Permits the U.S. government to extend TPS for additional intervals if the corresponding country of origin has not recovered sufficiently from the major natural disaster or extreme civil conflict to permit safe return. (8 U.S.C. Sec. 1254a(b)(3).)
3. Terminates the TPS program for El Salvador, effective September 9, 2019. (83 Fed.Reg. 2654 (Jan. 18, 2018).)
4. Terminates the TPS program for Haiti, effective July 22, 2019. (83 Fed.Reg. 2654 (Jan. 18, 2018).)
5. Terminates the TPS program for Nicaragua, effective January 5, 2019. (83 Fed.Reg. 2654 (Dec. 15, 2017).)
6. Terminates the TPS program for Sudan, effective November 2, 2018. (83 Fed.Reg. 2654 (Oct. 11, 2017).)

This resolution:

1. Makes findings regarding the origin and purpose of the TPS programs.
2. Declares that the U.S. government provided TPS to Salvadorans living in the U.S. after two 2001 earthquakes in El Salvador killed more than 1,000 people and left one million others homeless.
3. Points out that the U.S. has renewed TPS for Salvadorans 11 times since the program’s inception, most recently in 2016, when the U.S. government concluded that the fiscal, unemployment, and security situation in El Salvador remained poor.
4. Cites studies indicating that the largest concentration of TPS holders from El Salvador, about 49,000, live and work in California.
5. Memorializes that, in January 2018, the U.S. government announced it would be ending the Salvadoran TPS program, shortly after it had ended similar protections for the 45,000 Haitians granted TPS in the wake of the 2010 earthquake in Haiti.
6. Finds that an estimated 260,000 Salvadorans who have been living and working in the U.S. for over a decade will be displaced as a result of the termination of the TPS program.
7. Points out that more than 50,000 U.S. citizen children have Salvadoran parents with TPS and that these children will now have to move to El Salvador with their parents, separate from their parents and remain in the U.S., or remain in the U.S. with their parents under the constant risk that their parents will be detained or deported.
8. Details the contributions and ties of Salvadoran TPS holders to California’s economy and communities.
9. Points out that the Trump administration has also terminated the TPS programs for Haiti, Nicaragua, and Sudan although those countries are still recovering from an earthquake, a hurricane, and a genocide, respectively.
10. Mentions that the Trump administration will decide on July 2018 whether to extend or terminate TPS status for Honduras.
11. Points out that that the termination of TPS for Hondurans, Haitians, Nicaraguans, and Sudanese people would impact those nationals, their families, communities, employers and the California economy in much the same way as the loss of TPS affects Salvadorans.
12. Declares that the decision to end Salvadoran TPS aligns with what the resolution describes as “vulgar and racist comments” made by President Trump during a White House meeting in January 2018.
13. Condemns the decision to end the TPS designation for El Salvador, Haiti, Nicaragua, and Sudan.
14. Urges the U.S. Congress to enact a bipartisan permanent immigration solution for Salvadorans, Haitians, Nicaraguans, Hondurans, and Sudanese.
15. Directs the Secretary of the Senate to transmit copies of the Resolution to the U.S. President and Vice President, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representatives from California in the U.S. Congress, and to the author for appropriate distribution.

Background

From time to time, major natural disasters or extreme civil conflict have made it unsafe for some foreign nationals living in the U.S. to return to their countries of origin. In response to these humanitarian crises, the U.S. federal government has permitted those foreign nationals to apply for special authorization to remain in this country for six to 18-month periods. (8 U.S.C. Sec. 1254a.) These programs and the authorization they convey are known as TPS. The federal government may renew any country’s TPS for additional periods if it concludes that conditions in that country have not improved sufficiently to permit safe return. (8 U.S.C. Sec. 1254a(b)(3).)

Currently, the U.S. provides TPS to approximately 437,000 foreign nationals from 10 countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. Conditions in these countries have been slow to recover from the calamities that initially triggered their TPS programs. Consequently and until recently, the U.S. government has almost always renewed the various TPS programs each time their expiration dates have approached. Though temporary in name, some of the TPS programs are now around two decades old. Meanwhile, through the natural course of life, TPS holders have set down roots and become integral parts of the U.S. communities they inhabit. They have, for instance, opened businesses, bought homes, fallen in love, married, had children, obtained professional licenses, and earned academic degrees.

Since the inauguration of President Donald Trump in January 2017, the federal government has departed from the prior custom of granting TPS program renewals liberally. Most notably, beginning in October 2017, the Secretary of Homeland Security started announcing plans to phase out the TPS programs for four countries: El Salvador, Haiti, Nicaragua, and Sudan, meaning that 326,790 individuals will soon lose their status. Another 86,600 Hondurans will lose their TPS status if the Trump administration elects to terminate that country’s program when it expires on July 5, 2018.

Provided they take swift action and benefit from the assistance of competent legal counsel, some of these TPS holders may discover that they have other legal grounds on which to stay in the U.S. (With regard to access to counsel, see AB 1862, Santiago, 2018.) Thousands, however, will face an agonizing choice: give up all of their family and community connections here and return to their countries of origin to face an uncertain future, or, remain in the U.S. without legal authorization to work and under the constant threat of detention or deportation.

This resolution recognizes the positive contribution that TPS holders have made to U.S. society and acknowledge the way in which TPS holders are now interwoven into U.S. communities and families. It recognizes that the termination of the TPS program threatens to tear apart families with U.S. citizen children and parents who are TPS holders. With these considerations in mind, the resolution calls upon the U.S. President and Congress to extend TPS status for El Salvador, Haiti, Honduras, Nicaragua, and Sudan and urge the federal government to come up with a legislative solution for establishing permanent legal status for Salvadoran, Honduran, Haitian, Sudanese, and Nicaraguan TPS holders who have been living in the U.S. for many years.

Comments

To be eligible for TPS, applicants must demonstrate to the Department of Homeland Security that:

• they are a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;

• they have been residing in the U.S. and have been continuously physically present (with specified exceptions for brief, casual and innocent departures) since the dates specified for each country (which are near the time that the countries were designated for TPS);

• they are not “inadmissible” to the U.S. based on one of the grounds enumerated in 8 U.S.C. 212 relating primarily to health, crime, national security, and likelihood of becoming a public charge;

• they are not subject to any of the mandatory bars to asylum, such as participation in the persecution of another individual or engaging in or inciting terrorist activity; and

• they have not been convicted of any felony or two or more misdemeanors committed in the U.S.

To obtain TPS, an eligible person must submit a complete application form, supporting documents, and the filing fees. For first time applicants, the fee to seek TPS is $50. There is no fee to apply for renewal of TPS once it is approved, but all TPS applicants must submit a biometric screening fee every time. That fee is currently $85. If TPS applicants also wish to obtain Employment Authorization documents, they have to submit the application for that in addition, and pay the associated $410 filing fee. For those who qualify, fee waivers are available.

Once their application is submitted, TPS applicants receive a biometric screening appointment at their local U.S. Citizenship and Immigration Services (USCIS) Application Support Center. During the appointment, USCIS takes applicants photo and fingerprints and may collect a signature. USCIS uses these biometrics to confirm applicants’ identity as well as to run required background and security checks.

TPS is only available to eligible individuals. There is no derivative TPS status, meaning that the spouse, children or parents of a TPS holder cannot obtain TPS simply by virtue of their relationship to the TPS holder; each one must qualify individually for TPS to receive it.

Related/Prior Legislation

SJR 16 (Wilk, 2018) makes a series of findings about the community ties and positive contributions made by immigrants authorized to live and work in the U.S. through the humanitarian TPS program. In light of these ties and contributions, SJR 16 urges the U.S. President and Congress to extend the program for nationals of El Salvador, Haiti, Honduras, Nicaragua, and Sudan as well as to establish permanent legal status for the TPS holder from those countries. SJR 16 is currently pending consideration on the Senate Floor.

AB 1862 (Santiago, 2018), an urgency measure, adds “individuals affected by the termination of the federal Temporary Protected Status designation for El Salvador” to the list of people eligible to receive free immigration related legal services through state grants to non-profit, community legal organizations that specialize in providing such assistance. The bill also appropriates an additional $10 million for the provision of these services. AB 1862 is currently pending before the Assembly Committee on Human Services.

HR 69 (Carrillo, 2018), adopted by the Assembly, makes a series of findings about the number and contributions of TPS holders from El Salvador residing in California. It urges the U.S. President to reverse his decision to terminate the TPS program for El Salvador and urges the U.S. President and Congress to create a permanent legal solution for Salvadoran TPS holders.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Local: No

SUPPORT: (Verified 4/10/18)

California Immigrant Policy Center

OPPOSITION: (Verified 4/10/18)

None received

Prepared by:

4/11/18 13:52:11

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: SJR 17 (Author:Hueso)

Version: January 17, 2018

Hearing Date: April 3, 2018

Fiscal: No

Urgency: No

Consultant: TSG

SUBJECT

Temporary Protected Status: El Salvador

DESCRIPTION

This resolution, as the author proposes to amend it, would make a series of findings and declarations about the community ties and positive contributions made by Salvadoran and other immigrants authorized to live and work in the United States through the humanitarian “Temporary Protected Status” (TPS) program. It would condemn the federal government’s decision to end the TPS designations for El Salvador, Haiti, Sudan, and Nicaragua and urge it not to terminate TPS for Hondurans. The resolution would point out ongoing problems in those countries and the fact that, if the U.S. President and Congress do not take action, thousands of California families with mixed immigration statuses will have to choose between: moving to those countries to face an uncertain future, living apart, or risking detention and deportation. With this in mind, the resolution urges the U.S. President and Congress to reinstate the TPS designations for these countries and to create permanent legal status for the corresponding TPS holders.

BACKGROUND

From time to time, major natural disasters or extreme civil conflict have made it unsafe for some foreign nationals living in the United States to return to their countries of origin. In response to these humanitarian crises, the U.S. federal government has permitted those foreign nationals to apply for special authorization to remain in this country until a designated date. (8 U.S.C. Sec. 1254a.) These programs and the authorization they convey are known as “Temporary Protected Status,” or TPS. The federal government may renew any country’s TPS for additional periods if it concludes that conditions in that country have not improved sufficiently to permit safe return. (8 U.S.C. Sec. 1254a(b)(3).)

Currently, the United States provides TPS to approximately 437,000 foreign nationals from 10 countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. Though, as its names suggests, TPS was created with temporary immigration protections in mind, conditions in some of the TPS countries have been slow to recover from the calamities that initially triggered their TPS designation. Consequently the U.S. government, under both Republican and Democratic administrations, has almost always renewed the TPS programs for these countries each time the expiration dates have come up. At the same time, through the natural course of life, TPS holders have set down roots and become integral parts of the U.S. communities they inhabit. They have, among other things, bought homes, fallen in love, married, had children, furthered their education, obtained professional degrees, and opened businesses.

Since the inauguration of President Donald Trump in January 2017, the federal government has departed from the longstanding prior practice of renewing the TPS programs in the absence of clear indications that conditions have improved dramatically in the corresponding countries. Most notably, starting in October 2017, the Secretary of Homeland Security began to announce plans to terminate the TPS programs for four countries: El Salvador, Haiti, Nicaragua, and Sudan, meaning that 326,790 individuals will lose their status. Another 86,600 Hondurans will lose their TPS status if the Trump administration elects to terminate that country’s program when it expires on July 5, 2018.

Provided they take swift action and benefit from the assistance of competent legal counsel, some of these TPS holders may discover that they have other legal grounds on which to stay in the United States. (In this regard, see AB 1862, Santiago, 2018, under Related Pending Legislation, below.) Many thousands, however, will face an agonizing choice: give up all of their family and community connections here and return to their countries of origin to face an uncertain future, or, remain in the United States without legal authorization to work and under the constant threat of detention or deportation.

This resolution, as the author proposes to amend it, would recognize the positive contribution that TPS holders have made to U.S. society and acknowledge the way in which TPS holders are now interwoven into U.S. communities and families. It would point out the continuing challenges facing the TPS designated countries and the considerable hardship that termination of TPS status would cause among the large Salvadoran community in California and the thousands of U.S. citizen children whose parents are TPS holders. With these considerations in mind, the resolution would: condemn the decisions to terminate TPS for Salvadorans, Haitians, Sudanese, and Nicaraguans; call upon President Trump to reverse those decisions; ask the Trump administration not to terminate TPS status for Honduras; and urge the President and Congress to create a legislative solution establishing permanent legal status for TPS holders from these countries.

CHANGES TO EXISTING LAW

Existing law allows specified foreign nationals to apply for “Temporary Protected Status,” which is time-limited authorization to reside and work in the United States while their countries of origin recover from the impact of major natural disasters or extreme civil conflict. (8 U.S.C. Sec. 1254a.)

Existing law permits the U.S. government to extend “Temporary Protected Status” for additional intervals if the corresponding country of origin has not recovered sufficiently from the major natural disaster or extreme civil conflict to permit safe return. (8 U.S.C. Sec. 1254a(b)(3).)

Existing law terminates the Temporary Protected Status program for El Salvador, effective September 9, 2019. (83 Fed.Reg. 2654 (Jan. 18, 2018).)

Existing law terminates the Temporary Protected Status program for Haiti, effective July 22, 2019. (83 Fed.Reg. 2654 (Jan. 18, 2018).)

Existing law terminates the Temporary Protected Status program for Nicaragua, effective January 5, 2019. (83 Fed.Reg. 2654 (Dec. 15, 2017).)

Existing law terminates the Temporary Protected Status program for Sudan, effective November 2, 2018. (83 Fed.Reg. 2654 (Oct. 11, 2017).)

This resolution would make findings regarding the origin and purpose of the Temporary Protected Status programs.

This resolution would declare that the U.S. government provided TPS to Salvadorans living in the United States after two 2001 earthquakes in El Salvador killed more than 1,000 people and left one million others homeless.

This resolution would point out that the United States has renewed TPS for Salvadorans 11 times since the program’s inception, most recently in 2016, when the U.S. government concluded that the fiscal, unemployment, and security situation in El Salvador remained poor.

This resolution would cite studies indicating that the largest concentration of TPS holders from El Salvador, about 49,000, live and work in California.

This resolution would memorialize that, in January 2018, the U.S. government announced it would be ending the Salvadoran TPS program, shortly after it had ended similar protections for the 45,000 Haitians granted TPS in the wake of the 2010 earthquake in Haiti.

This resolution would find that an estimated 260,000 Salvadorans who have been living and working in the United States for over a decade will be displaced as a result of the termination of the TPS program.

This resolution would point out that more than 50,000 U.S. citizen children have Salvadoran parents with TPS and that these children will now have to move to El Salvador with their parents, separate from their parents and remain in the United States, or remain in the United States with their parents under the constant risk that their parents will be detained or deported.

This resolution would declare that the termination of TPS for Salvadorans will likely have its greatest impact in southern California, home of the country’s largest population of Salvadoran immigrants.

This resolution would declare that the decision to end Salvadoran TPS aligns with what the resolution describes as “vulgar and racist comments” made by President Trump during a White House meeting in January 2018.

This resolution would condemn the decision to end the TPS designation for El Salvador.

This resolution would direct the Secretary of the Senate to transmit copies of the Resolution to the U.S. President and Vice President, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representatives from California in the U.S. Congress, and to the author for appropriate distribution.

COMMENT

1. Stated need for the measure

According to the author:

I strongly condemn this Administration’s decision to terminate the Temporary Protected Status program for El Salvadorans. Terminating this program will tear families apart, have negative impacts on our communities in the U.S. and in El Salvador, since they rely on remittances from TPS holders, and undercut our goals to reduce poverty. This decision is the exact opposite of what our country stands for: to terminate TPS is to disregard the potential human impact this decision will have on families and communities.

2. Concerns expressed about the measure

The Committee received no timely opposition to this measure. As a general matter, the TPS programs have sometimes been criticized as enduring far beyond what could be considered “temporary.” In this regard, it may be helpful to note that many TPS programs have lasted only a relatively short time: Kuwait (1991-1992); Bosnia (1995-2000); Rwanda (1995-1997); Kosovo (1998-2000); Angola (2000-2003); and Guinea (2014-2016), among other examples.^[1]

3. Background on Temporary Protected Status

To be eligible for TPS, applicants must demonstrate to the Department of Homeland Security that:

• they are a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
• they have been residing in the United States and have been continuously physically present (with specified exceptions for brief, casual and innocent departures) since the dates specified for each country (which are near the time that the countries were designated for TPS);
• they are not “inadmissible” to the United States based on one of the grounds enumerated in 8 U.S.C. 212 relating primarily to health, crime, national security, and likelihood of becoming a public charge;
• they are not subject to any of the mandatory bars to asylum, such as participation in the persecution of another individual or engaging in or inciting terrorist activity; and
• they have not been convicted of any felony or two or more misdemeanors committed in the United States.

To obtain TPS, an eligible person must submit a complete application form, supporting documents, and the filing fees. For first time applicants, the fee to seek TPS is $50. There is no fee to apply for renewal of TPS once it is approved, but all TPS applicants must submit a biometric screening fee every time. That fee is currently $85. If TPS applicants also wish to obtain Employment Authorization documents, they have to submit the application for that in addition, and pay the associated $410 filing fee. For those who qualify, fee waivers are available.

Once their application is submitted, TPS applicants receive a biometric screening appointment at their local U.S. Citizenship and Immigration Services (USCIS) Application Support Center. During the appointment, USCIS takes applicants’ photo and fingerprints and may collect a signature. USCIS uses these biometrics for USCIS to confirm applicants’ identity as well as to run required background and security checks.

TPS is only available to eligible individuals. There is no derivative TPS status, meaning that the spouse, children or parents of a TPS holder cannot obtain TPS simply by virtue of their relationship to the TPS holder; each one must qualify individually for TPS to receive it.

4. Comparison of Salvadorans to other terminated TPS programs

At 262,500 individuals, Salvadorans are the nationality with the biggest population impacted by the Trump administration’s termination of TPS. El Salvador is not the only country for which the Trump administration has terminated TPS, however. As the resolution points out, the U.S. Department of Homeland Security announced termination of the TPS designation for Haiti, impacting 58,550 individuals, around the same time it terminated the designation for El Salvador. Even before that, the Trump administration had announced the end of TPS for Sudanese and Nicaraguan individuals.

Though it mentions the termination of the Nicaraguan program, the resolution in print condemns the Trump administration’s decision to terminate the Salvadoran program only. The Salvadoran TPS population is by far the largest of the terminated programs and there is a large Salvadoran community in California. At the same time, as the author’s proposed amendments reflect, an argument can be made that the reasoning behind condemning the Trump administration’s decision to terminate TPS for Salvadorans applies equally to nationals of Haiti, Sudan, and Nicaragua. This can be seen by comparing the various terminated countries, how they came to receive TPS designation, the U.S. Department of Homeland Security’s reasoning for termination of the programs, and the U.S. Department of State’s evaluation of current country conditions in each place.

1. El Salvador

The U.S. government granted TPS to Salvadoran nationals living in the United States after a series of devastating earthquakes rocked the country in early 2001. Those earthquakes killed more than 1,150 people and displaced over a million others from their homes.^[2] For the past 17 years, the U.S. government has repeatedly renewed El Salvador’s TPS designation. 262,500 individuals will lose TPS as a result of the program’s termination.

In its official announcement regarding termination of the program, the U.S. Department of Homeland Security stated that:

Recovery efforts relating to the 2001 earthquakes have largely been completed. The social and economic conditions affected by the earthquakes have stabilized, and people are able to conduct their daily activities without impediments directly related to damage from the earthquakes. (83 FR 2654, Jan. 18, 2018)

Meanwhile, the U.S. Department of State urges U.S. nationals thinking of traveling to El Salvador to reconsider. As part of its description of current conditions in the country, it writes that:

Violent crime, such as murder, assault, rape, and armed robbery, is common. Gang activity, such as extortion, violent street crime, and narcotics and arms trafficking, is widespread. Local police may lack the resources to respond effectively to serious criminal incidents. ^[3]

1. Haiti

The U.S. government granted TPS to Haitian nationals living in the United States after a massive earthquake struck Haiti in January 2010. That earthquake killed between 220,000 and 320,000 people and displaced 1.5 million others from their homes.^[4] For the past 8 years, the U.S. government has repeatedly renewed Haiti’s TPS designation. The termination of the designation impacts 58,550 people.

In its official announcement regarding termination of the program, the U.S. Department of Homeland Security stated that:

Haiti has made progress recovering from the 2010 earthquake and subsequent effects that formed the basis for its designation. For example, the number of internally displaced persons (IDP) from the earthquake has continued to decline—98 percent of IDP sites have closed, and only approximately 38,000 of the estimated 2 million Haitians who lost their homes in the earthquake were still living in camps as of June 2017. In October 2017, the United Nations withdrew its peacekeeping mission, noting the mission had achieved its goals. The peacekeeping mission has been replaced by a successor operation that is a police-only force focused on strengthening rule of law, promoting human rights and supporting the Haitian National Police. (3 FR 2648, Jan. 18, 2018)

Meanwhile, in urging U.S. nationals to “reconsider” any plans they might have to travel to Haiti, the U.S. Department of State includes the following description of current conditions there:

Violent crime, such as armed robbery, is common. Local police may lack the resources to respond effectively to serious criminal incidents or emergencies. Protests, tire burning, and road blockages are frequent and often spontaneous. Violent crime, such as murder, assault, rape, and armed robbery, is common. Gang activity, such as extortion, violent street crime, and narcotics and arms trafficking, is widespread. Medical facilities, including ambulance services, are scarce and generally sub-standard, especially outside the capital.^[5]

1. Nicaragua

The U.S. government granted TPS to Nicaraguans living in the United States after Hurricane Mitch and its resulting mudslides and flooding struck that country in late 1998. Within Nicaragua, Hurricane Mitch killed 3,054 people and left 725,000 people without homes.^[6] For nearly two straight decades, the U.S. government has repeatedly renewed Nicaragua’s TPS designation. The termination of the designation impacts 5,300 individuals.

In its official announcement regarding termination of the program, the U.S. Department of Homeland Security stated that:

Recovery efforts relating to Hurricane Mitch have largely been completed. The social and economic conditions affected by Hurricane Mitch have stabilized, and people are able to conduct their daily activities without impediments directly related to damage from the storm. Nicaragua received a significant amount of international aid to assist in its Hurricane Mitch-related recovery efforts, and many reconstruction projects have now been completed. Hundreds of homes destroyed by the storm have been rebuilt. The government of Nicaragua has been working to improve access to remote communities and has built new roads in many of the areas affected by Hurricane Mitch, including the first paved road to connect the Pacific side of the country to the Caribbean Coast, which is nearly completed. Access to drinking water and sanitation has improved. Electrification of the country has increased from 50% of the country in 2007 to 90% today. Nearly 1.5 million textbooks have been provided to 225,000 primary students of the poorest regions of the country. Internet access is also now widely available. (82 FR 59636, Dec. 15, 2017)

The U.S. State Department, meanwhile, recommends that U.S. nationals thinking of traveling to Nicaragua “exercise increased caution.” Included among its conclusions about current conditions there, the U.S. State Department writes:

The Government of Nicaragua is authoritarian, limits freedom of expression and peaceful assembly, represses internal dissent, and monitors and responds to perceived threats to authority. Nicaragua’s Sovereign Security Law allows for discretionary interpretation of unlawful activities that threaten the peace and economic stability of Nicaragua. Violent crime, such as armed robbery, is common. Local police may lack the resources to respond effectively to serious criminal incidents or emergencies. Protests, tire burning, and road blockages are frequent and often spontaneous. Violent crime, such as murder, assault, rape, and armed robbery, is common. Gang activity, such as extortion, violent street crime, and narcotics and arms trafficking, is widespread. Medical facilities, including ambulance services, are scarce and generally sub-standard, especially outside the capital.^[7]

1. Sudan

The U.S. government granted TPS to Sudanese nationals living in the United States as a result of the armed civil conflict and genocide there in the mid-1990s. The estimated death toll varies widely from 10,000 individuals to as many as 300,000. Another 2.5 million Sudanese were displaced by the violence.^[8] For over two decades, the U.S. government has repeatedly renewed Sudan’s TPS designation. The termination of the designation impacts 1,040 individuals.

In its official announcement regarding termination of the program, the U.S. Department of Homeland Security stated that:

The ongoing armed conflict no longer prevents the return of nationals of Sudan to all regions of Sudan without posing a serious threat to their personal safety. Further, extraordinary and temporary conditions within Sudan no longer prevent nationals from returning in safety to all regions of Sudan. Conflict in Sudan is limited to Darfur and the Two Areas (South Kordofan and Blue Nile states). As a result of the continuing armed conflict in these regions, hundreds of thousands of Sudanese have fled to neighboring countries. However, in Darfur, toward the end of 2016 and through the first half of 2017, parties to the conflict renewed a series of time-limited unilateral cessation of hostilities declarations, resulting in a reduction in violence and violent rhetoric from the parties to the conflict. The remaining conflict is limited and does not prevent the return of nationals of Sudan to all regions of Sudan without posing a serious threat to their personal safety. Above-average harvests have moderately improved food security across much of Sudan. While populations in conflict-affected areas continue to experience acute levels of food insecurity, there has also been some improvement in access for humanitarian actors to provide much-needed humanitarian aid. Although Sudan’s human rights record remains extremely poor in general, conditions on the ground no longer prevent all Sudanese nationals from returning in safety. (82 FR 47228, Oct. 11, 2017.)

The U.S. State Department, meanwhile, recommends that any U.S. nationals thinking of traveling to Sudan reconsider. Included among its conclusions about current conditions there, the U.S. State Department writes:

The possibility of violent civil unrest, armed conflict, and criminal activity are present in the contested regions in Darfur and in Blue Nile and South Kordofan states.[...] Intercommunal violence targets civilians in opposing villages and towns. Government and security facilities have been attacked. There are landmines in rural areas; Southern Kordofan and the Eastern States including along the Eritrean border are the most affected. Border closures may occur without notice. Terrorist groups are active in Sudan. [...] A state of emergency, which gives security forces greater powers of arrest, remains in place. Arbitrary detentions in different parts of the country... have been reported. Curfews may be imposed with little or no warning. [...] Violent crime is rampant throughout western Sudan, particularly in the Darfur and Chad–Sudan border regions, where several incidents have resulted in deaths. Rape is a serious problem throughout the country and sexual assault is more prevalent in areas of armed conflict. [...] Car jackings and armed robberies occur in western and eastern Sudan.^[9]

5. Status of TPS for Honduras

In contrast to what it did to the TPS programs for El Salvador, Haiti, Nicaragua, and Sudan, the Trump administration did not actively terminate the TPS program for Honduras when that program expired on January 5, 2018. Instead, the Trump administration made no determination about conditions in Honduras, resulting in an automatic TPS extension of 6 months for that country. (82 FR 59630, Dec. 15, 2017.) Honduran TPS is now set to expire on July 5, 2018. The Trump administration has not signaled whether or not it intends to terminate the Honduran TPS program at that time.

The circumstances surrounding Honduran TPS are similar in many ways to those of the programs that the Trump administration has terminated. In fact, like Nicaraguan TPS, Honduran TPS was the result of the destruction wrought by Hurricane Mitch in 1998. Within Honduras alone, Mitch caused 5,657 deaths and displaced 3 million people.^[10] The U.S. government has renewed Honduras’ TPS designation repeatedly over the past 19 years. If the Trump administration terminates the program in July, 86,000 individuals will be affected.

The U.S. State Department describes current country conditions in Honduras as follows:

Violent crime, such as homicide and armed robbery, is common. Violent gang activity, such as extortion, violent street crime, rape, and narcotics and human trafficking, is widespread. Local police and emergency services lack the resources to respond effectively to serious crime. Honduras lacks the infrastructure to maintain water purity and food safety. Diarrheal illness is very common even in large cities and luxury accommodations. Only sealed commercial water containers (bottles) are considered safe to drink. Air pollution can aggravate or lead to respiratory problems during the dry season due to widespread forest fires and agricultural burning.^[11]

The similarities between the circumstances surrounding Honduran TPS and those surrounding the TPS designation for the other terminated countries may suggest two things simultaneously: that the Trump administration is likely to terminate the Honduran program as well, and that, if California is going to urge the federal government to address the situation of other TPS countries, it may wish to consider urging the same regarding Honduras as well.

6. Community and economic ties of TPS holders not limited to Salvadorans alone

The resolution in print would make a series of findings showing that Salvadoran TPS holders participate in the California and U.S. economies, that many Salvadoran TPS holders are parents and caretakers of U.S. citizens, and that Salvadoran TPS holders have deep ties within many California and U.S. communities.

As the author’s proposed amendments acknowledge, there is ample evidence to suggest that TPS holders from other countries possess similar ties and make similar contributions, albeit on a lesser scale due to their relatively small population in comparison to Salvadoran TPS holders. For example, a 2017 Center for Migration Research study of 2,098 TPS holders from El Salvador, Honduras, and Nicaragua found that, collectively:

• about 94 percent of male and 82 percent of female TPS holders participate in the labor force;
• roughly 30 percent live in owner-occupied homes;
• approximately 90 percent file taxes every year;
• around 50 percent have furthered their education in the United States; and
• about 30 percent volunteer in their communities.

Regarding TPS holders from all three countries, therefore, the study concluded: “TPS has contributed positively to the socioeconomic integration of these immigrants and therefore this legal status has benefitted these immigrants, their families, and U.S. society in general.”^[12]

A 2017 Center for Migration Studies of New York study of TPS holders from El Salvador, Honduras, and Haiti found very similar levels of economic and civil engagement. Discussing data for all three countries, the report stated that the resulting “statistical portrait reveals a hard-working population with strong ties to the United States. In addition, high percentages have lived in the United States for 20 years or more, arrived as children, and have U.S. citizen children.” The study goes on to assert that the data suggests that, if the federal government takes no action to address the loss of TPS for all three countries:

the United States would lose hundreds of thousands of migrants who have been productive, tax-paying, law-abiding residents for many years. About 61,000 mortgages would suddenly be in jeopardy. Ending the TPS program could also force hundreds of thousands of long-term US residents, including 273,200 US-born children and 67,800 who were brought here as children, to move to a country that cannot safely and successfully reintegrate them.

Taken together, these reports appear to suggest that strong community ties, civic participation, and economic contribution are characteristic of TPS holders independent of their national origin. Salvadoran TPS holders may be representative of these characteristics, but not, it appears, uniquely so. This dynamic is reflected in the author’s amendments to the resolution to be taken in Committee, which expand the scope of the resolution to cover Haitian, Sudanese, Nicaraguan, and Honduran TPS holders, in addition to Salvadorans.

7. Reference to “racist and vulgar” comments by President Trump

The resolution references “racist and vulgar” comments made by President Trump on January 11, 2018, during a meeting with legislators to discuss the fate of the

people with Deferred Action for Childhood Arrivals (DACA), sometimes referred to as “Dreamers.”

According to accounts from some of those present at the meeting, President Trump responded to discussion about immigration from Africa generally, as well as Haiti and El Salvador, by asking: “Why are we having all these people from shithole countries come here?” and suggesting that the United States ought to bring in more immigrants from places like Norway.^[13] The next day, the President denied using the term “shithole,” while witnesses in attendance split on their recollection of the exact word used.^[14] World leaders condemned the remarks as racist.^[15]

8. Author Amendments

The author has expressed the intention to offer several amendments to the resolution in Committee. In summary form, those amendments are intended to:

• provide further evidence showing Salvadoran TPS holders’ community roots, ties, and contributions to California;
• point out that the decisions to termination of the TPS programs for Haiti, Nicaragua, and Sudan were problematic for many of the same reasons that terminating the Salvadoran TPS program was and, accordingly, expand the condemnation to include those programs;
• urge the federal government to come up with a permanent solution for the immigration status of Salvadoran, Haitian, Sudanese, Nicaraguan, and Honduran TPS holders;
• reflect that President Trump denies referring to all of Africa, Haiti, and El Salvador as “shithole countries” and that not all those present at the relevant meeting agree that he did, in fact, use that terminology;
• underscore that children born in the United States of TPS holders are Americans and that, in most instances, they are largely if not completely unfamiliar with the country to which termination of TPS may force them to move in order to stay with their parents; and
• make non-substantive changes for style and clarity.

The specific amendments are as follows:

Amendment 1

On page 2, in line 1, strike out “it” and insert:

Temporary Protected Status for Salvadorans

Amendment 2

On page 2, in line 21, after “Those” insert:

American

Amendment 3

On page 2, in line 21, strike out “return” and insert:

move

Amendment 4

On page 2, between lines 24 and 25, insert:

WHEREAS, Individuals with Temporary Protected Status are part of the state’s economy and social fabric; and

WHEREAS, Twenty percent of Salvadorans with Temporary Protected Status arrived in California before 15 years of age and 97 percent of all of the Temporary Protected Status population from El Salvador are over 25 years of age; and

WHEREAS, Salvadorans with Temporary Protected Status in California have lived in the United States for an average of 22 years; and

WHEREAS, Thirty-nine thousand four hundred workers in California are Salvadorans with Temporary Protected Status. The leading industry of Salvadorans is construction work; and

WHEREAS, California would lose $2.4 billion dollars from the state’s gross domestic production annually without Salvadorans with Temporary Protected Status; and

WHEREAS, the unemployment rate for Salvadorans with Temporary Protected Status is low – 5 percent, similar to the national rate; and

WHEREAS, Eight thousand seven hundred households of Salvadorans with Temporary Protected Status in California have mortgages; and

Amendment 5

On page 2, in line 28, after “The” insert:

Trump

Amendment 6

On page 2, between lines 27 and 28, insert:

WHEREAS, Salvadorans with Temporary Protected Status have already fulfilled many of the requirements for lawful permanent residence and the overwhelming majority hold at least one job, pay taxes, and pay for their own insurance, have no record of criminal conduct, and have demonstrated that they will advance to become full members of society through educational achievement, home ownership, entrepreneurship, and raising children in the United States; and

Amendment 7

On page 2, in line 30, after “comments” insert:

reportedly

Amendment 8

On page 2, in line 33, strike out “now, therefore, be it” and insert:

and

WHEREAS, the Trump Administration has also announced the termination of Temporary Protected Status for nationals of Haiti, Nicaragua, and Sudan, countries that are still recovering from an earthquake, a hurricane, and a genocide, respectively, that each resulted in thousands of deaths and widespread displacement; and

WHEREAS, the Trump Administration will decide in July 2018 whether to extend or terminate Temporary Protected Status for Honduras, a country also devastated by hurricane; and

WHEREAS, the loss of Temporary Protected Status would impact over 150,000 Haitian, Honduran, Nicaraguan, and Sudanese nationals living in the United States with that status, as well as their families, communities, employers, and the California economy in much the same way that the loss of Temporary Protected Status affects Salvadorans; now, therefore, be it

Amendment 9

On page 2, in line 36, strike out “El Salvador;” and insert:

El Salvador, Haiti, Nicaragua, and Sudan;

Amendment 10

On page 2, between lines 37 and 38, insert:

Resolved, That the Legislature urges the United States Congress to enact a bipartisan, permanent solution for Salvadorans, Haitians, Nicaraguans, Hondurans, and Sudanese with Temporary Protected Status, and be it further

Support: None known

Opposition: None known

HISTORY

Source: Author

Related Pending Legislation:

SJR 16 (Wilk, 2018) would make a series of findings about the community ties and positive contributions made by immigrants authorized to live and work in the United States through the humanitarian “Temporary Protected Status” program. In light of these ties and contributions, SJR 16 would urge the U.S. President and Congress to extend the program for nationals of El Salvador as well as to establish permanent legal status for the El Salvadorans who have had this protected status for many years, before the program expires in September 2019. SJR 16 is currently pending consideration before the Senate Committee on the Judiciary.

AB 1862 (Santiago, 2018), an urgency measure, would add “individuals affected by the termination of the federal Temporary Protected Status designation for El Salvador” to the list of people eligible to receive free immigration related legal services through state grants to non-profit, community legal organizations that specialize in providing such assistance. The bill would also appropriate an additional $10 million for the provision of these services. AB 1862 is currently pending before the Assembly Committee on the Judiciary.

HR 69 (Carrillo, 2018) would make a series of findings about the number and contributions of TPS holders from El Salvador residing in California. It would urge the U.S. President to reverse his decision to terminate the TPS program for El Salvador and urge the U.S. President and Congress to create a permanent legal solution for Salvadoran TPS holders. HR 69 is currently pending consideration on the Assembly Floor.

Prior Legislation: None known

**************

1. See Temporary Protected Status, U.S. Department of Justice <https://www.justice.gov/eoir/temporary-protected-status> (as of Mar. 28, 2018). ↑

2. TIMELINE: Latin American Earthquakes Since 1970 (Aug. 16, 2007) Reuters <https://www.reuters.com/

   article/us-peru-earthquake-factbox/timeline-latin-american-earthquakes-since-1970-idUSN1633320120070816> (as of Mar.22, 2018). ↑

3. El Salvador Country Information, U.S. Department of State <https://travel.state.gov/content/

   travel/en/international-travel/International-Travel-Country-Information-Pages/ElSalvador.html>

   (as of Mar. 22, 2018). ↑

4. Haiti Earthquake Fast Facts (Dec. 20, 2017) CNN <https://www.cnn.com/2013/12/12/world/haiti-earthquake-fast-facts/index.htm> (as of Mar. 22, 2018). ↑

5. Haiti Country Information, U.S. Department of State <https://travel.state.gov/content/travel/en/

   international-travel/International-Travel-Country-Information-Pages/Haiti.html> (as of Mar. 22, 2018). ↑

6. Mitch: A Path of Destruction (Dec. 3, 1998) BBC News <http://news.bbc.co.uk/2/hi/americas/

   202395.stm> (as of Mar. 22, 2018). ↑

7. Nicaragua Country Information, U.S. Department of State <https://travel.state.gov/content/travel/en/

   international-travel/International-Travel-Country-Information-Pages/Nicaragua.html> (as of Mar. 22, 2018). ↑

8. Q&A: Sudan's Darfur Conflict (Feb. 23, 2010) BBC News <http://news.bbc.co.uk/2/hi/africa/

   3496731.stm> (as of Mar. 22, 2018). ↑

9. Sudan Country Information, U.S. Department of State <https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Sudan.htm> (as of Mar. 22, 2018). ↑

10. Mitch: A Path of Destruction (Dec. 3, 1998) BBC News <http://news.bbc.co.uk/2/hi/americas/

    202395.stm> (as of Mar. 22, 2018). ↑

11. Honduras Country Information, U.S. Department of State <https://travel.state.gov/content/travel/en/

    international-travel/International-Travel-Country-Information-Pages/Honduras.html> (as of Mar. 22, 2018). ↑

12. Menjivar, Temporary Protected Status in the United States: The Experiences of Honduran and Salvadoran Immigrants (May 2017) Center for Migration Research, University of Kansas <http://ipsr.ku.edu/migration/pdf/TPS_Report.pdf> (as of Mar. 23, 2018). ↑

13. Beckwith, President Trump Called El Salvador, Haiti 'Shithole Countries': Report (Jan. 11, 2018) <http://time.com/5100058/donald-trump-shithole-countries/> (as of Mar. 23, 2018). ↑

14. Kenny, Trump Denies Making 'Shithole Countries' Comment (Jan. 12, 2018) CNN <https://www.cnn.com/2018/01/12/politics/donald-trump-tweet-daca-rejection/index.html> (as of Mar. 23, 2018). ↑

15. Barron, 'A New Low.' The World Is Furious at Trump for His Remark About 'Shithole Countries' (Jan. 12, 2018) Time <http://time.com/5100328/shithole-countries-trump-reactions/> (as of Mar. 23, 2018). ↑