11/15/2013 Kristine Tungol Cabagnot Headline News "Help The Philippines Gain Temporary Protected Status (TPS)"

Washington, DC–Filipinos all around the United States have quickly mobilized to petition for  the Philippines to be designated Temporary Protected Status (TPS), in light of the recent calamities that have ravaged the tiny island nation in the Pacific.

Under INA Section 244, The Secretary of the Department of Homeland Security (DHS) may designate a country, or portions of a country, for TPS when conditions exist; such as an ongoing armed conflict or an environmental disaster in the country that temporarily prevents the country’s nationals from returning safely. While not required, typically a country must first request TPS before the Secretary will make a designation. Once a country receives a TPS designation, nationals of that country residing in the U.S. receive a temporary, humanitarian form of relief from deportation that does not include the granting of permanent residence. The initial TPS designation lasts for a period of six to 18 months and can be extended if conditions continue to support the designation.

The decision to designate a country for TPS rests with the executive branch of the federal government. Congress does not vote on it, though members of Congress may ask the President to designate a particular country. However, it is up to the President and his agencies to make the final determination.

There are strong arguments for Philippines to be designated TPS status. On Friday, November 8, 2013, Typhoon Haiyan  (locally known as Yolanda)–one of the most powerful storms ever recorded on land–hit the Philippines, bringing sustained winds of 147 mph and waves as high as 45 ft. An estimated 6.9 million people have been affected by the storm. Relief efforts are just beginning as debris is slowly being cleared from access roads and airports begin to re-open. The death toll is estimated to be in the thousands while the number of people displaced by the massive storm rises into the hundreds of thousands. The long term impacts of the storm are still yet unknown.

Before the deadly super typhoon, a 7.2 magnitude earthquake struck the same geographical area in the Philippines on October 15, 2013. Hundreds of people died, more than 300 thousand people are displaced, and 3.2 million people are affected. A total of P2.25 billion (Philippine Pesos) worth of damages to public buildings, roads, bridges, and flood controls was reported. (See NDRRMC Update).

It would impose a great burden on the rescue and restoration effort in the Philippines to require the country to reabsorb its nationals from abroad, many of whom may have homes that were destroyed by the Typhoon. TPS exists to provide a safe haven for those who are reluctant to return to potentially dangerous situations, and to assist nations who are under extraordinary and temporary conditions and face difficulties in receiving their nationals safely.

A grant of TPS would allow Filipinos here in the U.S. to work and support their families in the Philippines who were impacted by the Typhoon. Remittances account for almost 10 percent of the Philippines’ Gross Domestic Product. Now, more than ever, those funds are needed to help support the recovery process.

The Washington, DC-based Migrant Heritage Commission has created a petition to the White House for TPS designation, while Change.org is also circulating a petition asking President Obama and the DHS Secretary to grant TPS to the Philippines. Meanwhile, the American Immigration Lawyers Association filed its request of the country’s TPS designation to the Acting Secretary of DHS, Rand Beers.

To sign the TPS petitions, you can either go through the Migrant Heritage Commission petition or Change.org’s petition. Every signature counts, so please do your part in helping the Filipinos gain TPS status, and in essentially rebuilding the Philippines.

Source: “AILA Requests Designation of the Philippines for TPS,” AILA InfoNet Doc. No. 13111450 (Nov. 14, 2013).

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Kristine Tungol Cabagnot is an attorney with the Tungol Law Office, and welcomes your questions and concerns at kristine@tungolaw.com.

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