Asylum Protection Issues

Asylum, Refugee, and Migrant Protection Issues in 2013

United States views on international law [1] in relation to Asylum, Refugee, and Migrant Protection Issues: Section 244 of the Immigration and Nationality Act (“INA” or “Act”), as amended, 8 U.S.C. § 1254a, authorizes the Secretary of Homeland Security, after consultation with appropriate agencies, to designate a state (or any part of a state) for temporary protected status (“TPS”) after finding that (1) there is an ongoing armed conflict within the state (or part thereof) that would pose a serious threat to the safety of nationals returned there; (2) the state has requested designation after an environmental disaster resulting in a substantial, but temporary, disruption of living conditions that renders the state temporarily unable to handle the return of its nationals; or (3) there are other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless permitting the aliens to remain temporarily would be contrary to the national interests of the United States. The TPS designation means that eligible nationals of the state (or stateless persons who last habitually resided in the state) can remain in the United States and obtain work authorization documents. For background on previous designations of states for TPS, see Digest 1989–1990 at 39–40; Cumulative Digest 1991–1999 at 240-47; this world legal encyclopedia (in relation to issues that took place in the year 2004) at 31-33; this world legal encyclopedia (in relation to issues that took place in the year 2010) at 10-11; this world legal encyclopedia (in relation to issues that took place in the year 2011) at 6-9; and this world legal encyclopedia (in relation to issues that took place in the year 2012) at 8-14. In 2013, the United States extended TPS designations for El Salvador, Honduras, and Nicaragua, and both redesignated and extended the designations for Sudan and South Sudan, as discussed below.

Resources

Notes

1. Asylum, Refugee, and Migrant Protection Issues in the Digest of United States Practice in International Law