WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) and U.S. Reps. Don Beyer (D-VA-08), Suhas Subramanyam (D-VA-10) and James Walkinshaw (D-VA-11) issued a statement:

“We take seriously our responsibility to provide oversight and ensure that all federal agencies meet their obligations under the law. Today, we visited the ICE field office in Chantilly, Va., after a month of attempting to gain access following serious reports of troubling conditions and severe overcrowding at this facility. ICE field offices are not designed or equipped to safely hold individuals for more than 12 hours, which was the long-standing policy until June, making the dangerous overcrowding both disturbing and wholly predictable. We are relieved to report that as of today, conditions appear to have improved from the horrifying reports we received just weeks ago.

“It should not have taken this long for members of Congress to gain access to a federal facility to conduct lawful oversight. The pervasive overcrowding and unsafe conditions that occurred are the direct consequences of the Trump administration’s mass detention policies and ICE has a legal obligation to ensure that anyone in its custody is treated safely, humanely, and in accordance with federal law. With its budget now tripled in size to unprecedented levels, ICE has no excuse for failing to plan ahead: it must put in place a clear policy to ensure that when a field office reaches capacity, the burden is relieved immediately and not allowed to spiral into a humanitarian crisis. We will continue pressing for accountability and transparency to make certain those obligations are met, not temporarily or on the administration’s delayed timeline, but every single day. 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined 23 of their Senate colleagues in urging U.S. Homeland Security Secretary Kristi Noem and U.S. Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons to return Kilmar Abrego Garcia, a father who was living legally under protected status in Maryland with his family until he was wrongfully deported without due process by the Trump Administration last month and sent to a maximum-security prison in El Salvador. The Trump Administration has admitted Abrego Garcia’s deportation was the result of an “administrative error” but has not returned Abrego Garcia to his family and home in Maryland.  

Specifically, the senators call on the Trump Administration to comply with the court order requiring that they facilitate Abrego Garcia’s return and ask for responses to a series of questions regarding ICE’s enforcement policies that may have led to this grave error—and what measures they will take to ensure such an incident does not occur again.

“It is unacceptable that anyone would be deported without proper due process, especially where an immigration judge has granted the individual protected status that explicitly prohibits his return to El Salvador,” the senators wrote. “We demand that the Administration bring Mr. Abrego Garcia home immediately.”

“Per court filings, Mr. Abrego Garcia came to the United States in 2011 as a teenager fleeing gang threats in his home country of El Salvador. In 2019, ICE arrested Mr. Abrego Garcia over an unfounded and anonymous allegation that he was involved with MS-13, which placed him in deportation proceedings. The U.S. immigration judge in the case ultimately found that it was in fact Mr. Abrego Garcia who was at risk of being the victim of gang violence,” the senators continued. “This ruling was made under the Trump Administration in 2019 and was in fact required by law under section 241(b)(3) of the Immigration and Nationality Act once the immigration judge made the factual determination that Mr. Abrego Garcia faced a likelihood of torture in El Salvador. At the time, the Trump Administration made no effort to appeal the judge’s ruling or pursue Mr. Abrego Garcia’s deportation further. Court filings attest that Mr. Abrego Garcia has complied with regular ICE check-ins, has no criminal charges, and has had no contact with any other law-enforcement agency since his release in 2019.”

“Mr. Abrego Garcia is currently being held at CECOT, a maximum-security prison in El Salvador notorious for human rights abuses, after being deported in violation of the law to the very country where his return was impermissible,” they continued. “And when the Administration makes a mistake as severe as sending an individual with protected status to a foreign prison, it cannot simply shrug off responsibility and allege that there is nothing it can do to reunite him with his wife and child, who are American citizens.”

The senators concluded the letter with a series of questions for Secretary Noem and Acting Director Lyons about Abrego Garcia’s protected status, the Department of Homeland Security and ICE’s failure to follow well-established procedures and practices to avoid erroneous deportations and to promptly fix such errors if they do occur, and to demand evidence for unsupported accusations from Vice President J.D. Vance and Press Secretary Karoline Leavitt that Abrego Garcia is a member of MS-13 gang. The senators requested a response by April 22.

In addition to Sens. Warner and Kaine, the letter was signed by U.S. Sens. Chris Van Hollen (D-MD), Angela Alsobrooks (D-MD), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Chris Coons (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Ed Markey (D-MA), Jeff Merkley (D-OR), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Jeanne Shaheen (D-NH), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

Full text of the letter can be found here and below:

Dear Secretary Noem and Acting Director Lyons, 

We write to express our concerns regarding the deportation of Kilmar Abrego Garcia to El Salvador, an action which the Administration admitted in a recent court filing was an “administrative error.” It is unacceptable that anyone would be deported without proper due process, especially where an immigration judge has granted the individual protected status that explicitly prohibits his return to El Salvador. We demand that the Administration bring Mr. Abrego Garcia home immediately.  

According to court filings, on March 12, 2025, shortly after Mr. Abrego Garcia had picked up his son from the boy’s grandmother’s house, U.S. Immigration and Customs Enforcement (ICE) stopped Mr. Abrego Garcia, inaccurately telling him that his protected status had changed. After giving his wife a few minutes to arrive to take custody of his son, ICE arrested and detained him without any further explanation as to the reason for his arrest. ICE then transferred Mr. Abrego Garcia and other detainees to Texas, where on March 15, 2025, they were loaded onto planes and deported to El Salvador. Mr. Abrego Garcia was reportedly on the only plane that was not sent under the authority of the Alien Enemies Act but instead was transporting migrants with formal removal orders signed by a judge. This occurred despite the fact that ICE knew, as the Administration conceded in court, that his protected legal status specifically prohibited his removal to El Salvador.  

Per court filings, Mr. Abrego Garcia came to the United States in 2011 as a teenager fleeing gang threats in his home country of El Salvador. In 2019, ICE arrested Mr. Abrego Garcia over an unfounded and anonymous allegation that he was involved with MS-13, which placed him in deportation proceedings. The U.S. immigration judge in the case ultimately found that it was in fact Mr. Abrego Garcia who was at risk of being the victim of gang violence. The judge found that Mr. Abrego Garcia and his relatives credibly testified that gang members had been trying to extort his family and recruit him and his brother to join the gang, forcing his family to move multiple times, ultimately compelling both him and his brother to flee to the United States out of fear.  

The immigration judge agreed that Mr. Abrego Garcia would likely face persecution if deported back to El Salvador and thus granted him a form of legally mandated protection known as “withholding of removal.” Withholding of removal, which may only be granted by an immigration judge, provided Mr. Abrego Garcia the ability to stay and work in the United States despite being the subject of a deportation order. This ruling was made under the Trump Administration in 2019 and was in fact required by law under section 241(b)(3) of the Immigration and Nationality Act once the immigration judge made the factual determination that Mr. Abrego Garcia faced a likelihood of torture in El Salvador. At the time, the Trump Administration made no effort to appeal the judge’s ruling or pursue Mr. Abrego Garcia’s deportation further. Court filings attest that Mr. Abrego Garcia has complied with regular ICE check-ins, has no criminal charges, and has had no contact with any other law-enforcement agency since his release in 2019.  

Mr. Abrego Garcia is currently being held at CECOT, a maximum-security prison in El Salvador notorious for human rights abuses, after being deported in violation of the law to the very country where his return was impermissible. Though the Administration has admitted in court that his deportation was a mistake, it alleges that there is nothing it can do to address this injustice, given that Mr. Abrego Garcia is now in the jurisdiction of the government of El Salvador as part of an agreement to imprison U.S. deportees in exchange for financial compensation.  

Your unwillingness to immediately rectify this “administrative error” is unacceptable. Under multiple Democratic and Republican administrations, the Department of Homeland Security and ICE followed the rule of law and worked to quickly return people who were wrongfully deported, in the rare instances where such “administrative errors” occurred. The Administration’s mass deportation agenda does not transcend immigration law or the need for due process. And when the Administration makes a mistake as severe as sending an individual with protected status to a foreign prison, it cannot simply shrug off responsibility and allege that there is nothing it can do to reunite him with his wife and child, who are American citizens. On Friday, a U.S. District Court judge in the District of Maryland ordered the government to return Mr. Abrego Garcia to the United States, and on Monday the Fourth Circuit denied the government’s motion to stay the order. The Administration should promptly comply with the district court’s order.

To address our concerns about this matter and to provide clarity on the Department of Homeland Security and ICE’s policy regarding the immigration enforcement actions against immigrants with protected status, we ask that your Administration answer the following questions by April 22, 2025: 

1. The standard and legal course for the government to take to deport someone with protected status would be to reopen the case, introduce evidence that grounds for terminating the protected status exist, and then allow an immigration judge to make a determination as to their status. Why was that course of action not taken in this case?  
2. In the past, DHS and ICE worked to quickly return people to the U.S. who were erroneously deported. Why is DHS and ICE no longer following these well-established procedures and practices?   
3. Vice President J.D. Vance and Press Secretary Karoline Leavitt have both claimed that Mr. Abrego Garcia is an MS-13 gang member, but the government was unable or unwilling to provide any evidence to substantiate that claim to the court. Please provide any evidence of Mr. Abrego Garcia’s membership in MS-13.
4. Given that the Administration is reportedly paying $6 million to El Salvador to detain deported immigrants at CECOT, why does it believe that there is nothing it can do to return Mr. Abrego Garcia to his family in the United States? Please provide a copy of the agreement between the U.S. and El Salvador on the detention of people deported from the U.S. in CECOT.
5. Are there any other cases that the Administration is aware of in which an immigrant with protected status was illegally deported without due process? If so, identify those cases and explain what, if anything the government is doing to rectify those errors. 
6. Will the Administration commit to reviewing all of the cases of its deportees to ensure that it has appropriately identified all of the errors? 
7. What actions will the Administration take in the future to ensure that immigrants with protected status are afforded their appropriate due process? 

We appreciate your prompt attention to this vital matter and look forward to reviewing your fulsome, timely response. 

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Mark Kelly (D-AZ) and 11 of their Senate Democratic colleagues in a letter to Republican Senate Majority Leader John Thune (R-SD) stressing the importance of working together on pressing border security and immigration needs. Sens. Warner and Kelly were joined in this letter by Sens. Gary Peters (D-MI), Ruben Gallego (D-AZ), Angus King (D-ME), Raphael Warnock (D-GA), John Hickenlooper (D-CO), Maggie Hassan (D-NH), Jeanne Shaheen (D-NH), Catherine Cortez Masto (D-NV), Jacky Rosen (D-NV), Elissa Slotkin (D-MI), and Chris Coons (D-DE).

“As we have shown, Democrats and Republicans can work together on real bipartisan solutions. We can solve big challenges when we work together, and there is much work to do to improve border security, protect Dreamers and farmworkers, and fix our immigration system to better reflect the needs of our country and our modern economy,” the senators wrote, emphasizing the need for bipartisan cooperation in advancing meaningful and long-lasting solutions.

“We understand that Senate Republicans have discussed using the budget reconciliation process to advance border security budget measures without any Democratic input. While that’s your right, in working together on a bipartisan basis, we can achieve the best outcome for the American people. There are also limitations to what can be done under budget reconciliation, and as we’ve seen time and time again, no party has all the solutions on this or any issue,” they continued. “We remain ready to work with you in good faith to craft legislation that can achieve bipartisan support and 60 votes in the Senate. While there will be challenges, addressing the pressing needs of our nations’ borders and finding bipartisan solutions to our outdated immigration system are too important to ignore in the 119th Congress,” they close.

A copy of the letter is available here and below:

Dear Majority Leader Thune:

We write regarding the pressing border security and immigration needs facing our country. As we have shown, Democrats and Republicans can work together on real bipartisan solutions . We can solve big challenges when we work together, and there is much work to do to improve border security, protect Dreamers and farmworkers, and fix our immigration system to better reflect the needs of our country and our modern economy. These issues require bipartisan cooperation and we stand ready to work with you to develop meaningful and long-lasting solutions to these important issues that have gone unaddressed for far too long under both Democratic- and Republican-controlled government.

We understand that Senate Republicans have discussed using the budget reconciliation process to advance border security budget measures without any Democratic input. While that’s your right, in working together on a bipartisan basis, we can achieve the best outcome for the American people. There are also limitations to what can be done under budget reconciliation, and as we’ve seen time and time again, no party has all the solutions on this or any issue.

There is a lot of common ground for us to start on. We see a need for strong, commonsense, and fair immigration enforcement accompanied by the necessary resources to effectively secure our borders. That’s important for our national security and to support border states. We also see a need for a firm but fair immigration system that streamlines processes and better addresses our workforce needs.

The American people are counting on us to find bipartisan solutions to our nations’ priorities. We remain ready to work with you in good faith to craft legislation that can achieve bipartisan support and 60 votes in the Senate. While there will be challenges, addressing the pressing needs of our nations’ borders and finding bipartisan solutions to our outdated immigration system are too important to ignore in the 119th Congress.

Thank you for your consideration.

Sincerely,

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) have urged the Biden administration to immediately re-designate or extend Temporary Protected Status (TPS) to the maximum extent allowable under the law for all eligible countries. The senators commended President Biden’s recent action to extend status for El Salvador, Venezuela, Sudan, and Ukraine, while stressing the need to extend these benefits to all remaining eligible TPS countries as the current administration winds down.

TPS provides protection to foreign nationals in the United States whose home countries are experiencing temporary and extraordinary conditions, including armed conflict, natural disasters, and other extraordinary conditions that render return unsafe. Currently, 17 countries have TPS designations, and as of September 30, 2024 nearly 1.1 million foreign nationals were protected by TPS, living in all 50 states, territories, and the District of Columbia.

In the Commonwealth, 28,225 people are living under TPS: 545 individuals from Afghanistan, 95 from Burma, 95 from Cameroon, 15,485 from El Salvador, 445 from Ethiopia, 1,340 from Haiti, 2,720 from Honduras, 325 from Nepal, 60 from Nicaragua, 20 from Somalia, 25 from South Sudan, 165 from Sudan, 170 from Syria, 895 from Ukraine, 5,700 from Venezuela, and 135 individuals from Yemen.

Highlighting the importance of the TPS program in communities across the country, the senators wrote, “Many of these individuals with TPS have lived in the U.S. for decades, calling this country their home. They are contributing members of our society, including our colleagues and neighbors. The TPS program provides them a way to support themselves, contribute to the U.S. workforce and economy, and keep their families together.”

With President-elect Trump taking office in one week, the fate of this program is uncertain. Both he and Vice President-elect Vance have signaled that significant immigration policy changes could include eliminating the TPS program all together. As a result, Sens. Warner and Kaine are stressing the urgency of this request.

“Unfortunately, TPS beneficiaries are at risk of losing their legal status and could face removal proceedings to countries that have been deemed unsafe to return to and where their lives would be at grave risk,” they continued. “The incoming administration has vowed to terminate the TPS program, just as they attempted to during their first term. Within the first six months of this incoming term, six TPS designations, covering over 76,000 beneficiaries, are set to expire.”

Sens. Warner and Kaine have long-championed TPS for vulnerable migrants from countries including Haiti, Ukraine, Cameroon, Sudan, El Salvador, Honduras, Guatemala, and Nicaragua. Last year, the senators urged the Biden administration to extend TPS for Haitians amid spiking violence. In December 2023, the senators praised a decision by the Department of Homeland Security to grant existing TPS recipients additional time to re-register for the program.  

A copy of the letter is available here and text is below:

Dear President Biden,

We thank you for your commitment to expanding Temporary Protected Status (TPS) and commend your most recent announcements to extend TPS for foreign nationals from El Salvador, Venezuela, Sudan, and Ukraine. We write to urgently request that your administration build on your recent TPS actions and issue a re-designation or extension of status, to the maximum extent possible under the law, for all TPS-eligible countries.

Through the Immigration and Nationality Act, the Secretary of Homeland Security, in consultation with the Secretary of State, has the discretion to issue a Temporary Protected Status designation and provide for temporary relief from removal and work authorization to certain foreign nationals from countries under specific circumstances, including armed conflict, natural disaster, or other extraordinary circumstances that prevent their safe return.

As of September 30, 2024, approximately 1,095,115 foreign nationals residing in all 50 states, including D.C. and U.S. territories, were protected by TPS. This includes nearly 30,000 TPS recipients in Virginia.

Many of these individuals with TPS have lived in the U.S. for decades, calling this country their home. They are contributing members of our society, including our colleagues and neighbors. The TPS program provides them a way to support themselves, contribute to the U.S. workforce and economy, and keep their families together.

Unfortunately, TPS beneficiaries are at risk of losing their legal status and could face removal proceedings to countries that have been deemed unsafe to return to and where their lives would be at grave risk. The incoming administration has vowed to terminate the TPS program, just as they attempted to during their first term. Within the first six months of this incoming term, six TPS designations, covering over 76,000 beneficiaries, are set to expire.

As such, we strongly urge your administration to re-designate or extend TPS for countries with existing designations. These actions will provide much needed clarity for current TPS holders and prevent harmful deportations to countries designated as unsafe.

Thank you in advance for your attention to this matter.

Sincerely,

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WASHINGTON– U.S. Sens. Mark R. Warner and Tim Kaine, the Chair of the Senate Foreign Relations Subcommittee on the Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women’s Issues, joined Senate and House colleagues in urging the Department of Homeland Security and Department of State to immediately redesignate Temporary Protected Status (TPS) for Haiti. They further called on the Biden administration to pause all deportation flights to Haiti until the current level of violence subsides. These actions would permit Haitian nationals already in the United States to remain in the country until conditions improve in Haiti.

TPS provides protection to foreign nationals in the United States whose home countries are experiencing temporary and extraordinary conditions, including armed conflict, natural disasters, and other extraordinary conditions that render return unsafe. In recent weeks, armed gangs have taken control of most of Haiti, including much of the capital Port-au-Prince. These gangs have committed extraordinary acts of violence and committed human rights abuses including killings, kidnappings, and sexual violence.

“Because of the quickly worsening gang violence in Haiti, the uncertain political future following Prime Minister Henry’s resignation announcement, the lack of accountability for human rights violations, and the current government’s abuses, we urge you to extend and redesignate TPS for Haiti and use your discretion to halt deportation flights to the country. These actions will prevent further suffering and unnecessary loss of life,” wrote the lawmakers.

As Chairman of the Senate Foreign Relations Subcommittee on the Western Hemisphere, Kaine is committed to supporting democracy and stability in Haiti and the rest of the region.  Sens. Warner and Kaine have championed TPS for vulnerable migrants from countries including Cameroon, Sudan, Pakistan, El Salvador, Honduras, Guatemala, and Nicaragua. In December, Sens. Warner and Kaine praised a decision by the Department of Homeland Security to grant existing TPS recipients from a number of countries—including Haiti—additional time to re-register for the program and its benefits.

The letter was by led by U.S. Senator Edward J. Markey (D-MA) and U.S. Representative Ayanna Pressley (D-MA-07) and signed by 63 other federal lawmakers in addition to Warner and Kaine.

The full letter can be read here.

On CNBC’s Squawk Box, Sen. Warner outlined the top lines of this legislation, highlighting compromises made by both Democrats and Republicans:

“Every Republican senator who's complaining about this deal has said repeatedly, you've got to change the law. Donald Trump said, you've got to change the law. We now are giving what is needed, a significant change of the law. Took a long time to get it negotiated, combined with stepping up for Ukraine, combined with stepping up for Israel and humanitarian aid in the region. The question is going to be, folks who’ve asked for this, are they going to take the deal?”

On MSNBC’s Morning Joe, Sen. Warner reiterated the importance of continuing to provide Ukraine with military support:

“I've been in this job 14 years, I can't think of a more important vote – a more historic vote – than whether we will stand by Ukraine, which has taken out 80 percent of the Russian ground forces pre-war, where the Europeans have put up €50 billion, where nations like Finland and Sweden have joined NATO because of American leadership. If we walk away from that, that will be a mistake of historic proportions.”

Video of Sen. Warner on CNBC’s Squawk Box can be found here. Video of Sen. Warner on MSNBC’s Morning Joe can be found here.

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WASHINGTON – With violence erupting across the country, resulting in hundreds of civilian deaths and forcing hundreds of thousands to flee in search of safety, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today formally requested that the Biden administration issue a new Temporary Protected Status (TPS) designation for Sudan.

In a letter to Secretary of Homeland Security Alejandro Mayorkas and Secretary of State Antony Blinken, the senators expressed their concern with the worsening humanitarian conditions in Sudan as intense fighting continues across the country despite multiple attempted ceasefires.

“In recent weeks, violence in Sudan has claimed hundreds of lives, injured thousands, forcibly displaced tens of thousands, and terrorized many more,” the senators wrote. “Despite multiple attempted ceasefires between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), intense and indiscriminate fighting continues across the country, including within the densely populated capital of Khartoum, and in the continuously conflict-stricken region of Darfur. Ongoing hostilities have led to the near collapse of the healthcare system, significantly disrupted the flow of humanitarian aid into the country, and in many cases made access to basic resources like food, water, and medication impossible.”

Established by the U.S. Congress through the Immigration Act of 1990, TPS is a temporary, renewable program that provides relief from deportation and access to a work permit for foreign nationals from certain countries who are unable to return safely to their home country due to natural disasters, armed conflicts, or other extraordinary conditions. There are more than 54,000 immigrants from Sudan in the United States as of 2021, according to data, with the highest concentration located in Fairfax County, VA.

The senators continued, “Given the extremely violent clashes, deteriorating conditions, and the posture of the Department of State, it is clear that Sudan meets the standards for TPS. To that end, it is critical that a new designation be issued for Sudan that reflects the ongoing armed conflict and the continued extraordinary and temporary conditions on the ground.”

Last week Sen. Warner expressed his support for the steps the Biden administration has taken to deliver humanitarian assistance to the region and push for an end to the violence through diplomatic efforts. Sen. Kaine, a member of the Senate Foreign Relations Committee (SFRC), has been pushing for the administration to ensure the safety and security of U.S. citizens in Sudan and urging both sides to commit to a permanent ceasefire. Last week, he held an event in Richmond with members of Virginia’s Sudanese American community to hear their perspectives on the conflict and discuss ways he can be helpful. Sens. Warner and Kaine have been longtime supporters of the TPS program for regions facing instability, most recently joining 116 of their colleagues in a letter, led by Sen. Kaine and Rep. Castro, to the Biden administration requesting the redesignation of TPS for El Salvador and Honduras and celebrating the Biden administration’s decision to issue a Temporary Protected Status designation for Cameroon during a period of unrelenting violence.

A copy of the letter can be found here and below. 

Dear Secretary Mayorkas and Secretary Blinken:

We urge you to issue a new Temporary Protected Status (TPS) designation for Sudan, as the current armed conflict between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) has led to a mass exodus of individuals fleeing violence, scarcity of essential goods, and rapidly deteriorating health services. A new designation would protect current Sudanese TPS holders from returning to Sudan in the midst of this violence and would offer protected status to Sudanese nationals who arrived after March 1, 2022.

In recent weeks, violence in Sudan has claimed hundreds of lives, injured thousands, forcibly displaced tens of thousands, and terrorized many more. Despite multiple attempted ceasefires between the SAF and the RSF, intense and indiscriminate fighting continues across the country, including within the densely populated capital of Khartoum, and in the continuously conflict-stricken region of Darfur. Ongoing hostilities have led to the near collapse of the healthcare system, significantly disrupted the flow of humanitarian aid into the country, and in many cases made access to basic resources like food, water, and medication impossible.

Due to the continued threat of armed conflict, on April 22, 2023, the U.S Department of State issued a Level 4: Do Not Travel advisory and ordered the departure of Embassy employees. This is part of a broader effort by the U.S., in coordination with regional and international partners, to evacuate U.S. nationals from Khartoum and allow for a safe path into neighboring countries. Given the extremely violent clashes, deteriorating conditions, and the posture of the Department of State, it is clear that Sudan meets the standards for TPS. To that end, it is critical that a new designation be issued for Sudan that reflects the ongoing armed conflict and the continued extraordinary and temporary conditions on the ground.

It is important to note that, while the situation is rapidly changing, the threat will not subside immediately once the conflict stops. Lasting damage has been done to Sudan’s telecommunications networks, electrical infrastructure, and transportation systems, including to Khartoum International Airport, making international travel extremely difficult. 

Redesignating Sudan’s TPS status would also provide much needed clarity for current Sudanese TPS holders and would offer protection for Sudanese individuals who entered the U.S. more recently. As you know, Sudanese nationals living in the United States can currently apply for TPS under the April 2022 designation, which expires on October 19, 2023. TPS holders under the 2013 designation are facing an uncertain future due to ongoing litigation. The expiration date of TPS documentation under the 2013 designation is contingent on the outcome of the Ramos v. Nielsen case – a lawsuit determining the legality of the Trump Administration’s termination of Sudan’s 2013 designation – which could potentially remove status for TPS holders who have not applied under the 2022 designation.

Additionally, while TPS holders registered under the 2022 designation are exempt from the ongoing litigation, their protection expires in October. Further, there is currently no recourse for Sudanese nationals who have arrived in the U.S. after March 2022. This uncertainty and the continued dangerous circumstances in Sudan have created considerable hardship for TPS recipients and their families, including American-born children.

A new TPS designation for Sudan would protect eligible beneficiaries from the dangers they face if they were removed and would provide protection for newer arrivals. In light of these considerations, we strongly urge you to redesignate TPS for Sudan to ensure that Sudanese nationals already living in the U.S. are not forced to return to a nation facing violence and instability.

Thank you for your consideration of this important matter.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine, Chair of the Senate Foreign Relations Subcommittee on the Western Hemisphere (both D-VA), joined 30 of their Senate Democratic colleagues in formally requesting that the Biden administration grant Temporary Protected Status (TPS) re-designations for El Salvador, Honduras, and Nicaragua, in addition to a new TPS designation for Guatemala.

In a letter to Secretary of Homeland Security Alejandro Mayorkas and Secretary of State Antony Blinken, the sens. expressed their concern with the worsening humanitarian conditions across Central America being compounded by the COVID-19 pandemic and multiple devastating natural disasters, all of which have contributed to an uptick in outmigration from the region.

“The crisis in Central America is urgent. ... TPS designations and redesignations would provide critical protections for eligible beneficiaries and enable them to support basic needs of loved ones back home and invest in safer alternatives to irregular migration,” the senators wrote. “It is our assessment that the severe damage caused by back-to-back hurricanes just over one year ago, combined with extreme drought conditions, and the social and economic crises exacerbated by the COVID-19 pandemic, warrant such an action by the Administration.”

Established by the U.S. Congress through the Immigration Act of 1990, TPS is a temporary, renewable program that provides relief from deportation and access to a work permit for foreign nationals from certain countries who are unable to return safely to their home country due to natural disasters, armed conflicts, or other extraordinary conditions.

“Over one million Central Americans have been displaced by violence and insecurity. Gender-based violence continues to be a major driver of displacement, with rates increasing dramatically throughout 2020. … Additionally, countries in the region have suffered severe democratic backsliding and political persecution is on the rise, including through the consolidation of a dictatorship in Nicaragua, the dismantling of independent judiciaries, and efforts to intimidate and silence civil society and independent media,” the senators continued. “The Biden administration must act and provide certainty for eligible individuals from Central America during this challenging moment. These temporary designations would give the U.S. government more time to partner with governments and civil society to ensure that the return of a large number of individuals to Central America does not create further instability and volatility in the region.”

Sens. Warner and Kaine have been strong advocates for the TPS program and in 2020 wrote a letter urging the incoming Biden Administration to protect TPS recipients in Virginia and throughout the country.

Joining Sens. Warner and Kaine in signing the letter were Senate Majority Leader Chuck Schumer (D-N.Y.) and Sens. Bob Menendez (D-N.J.), Ed Markey (D-Mass.), Catherine Cortez Masto (D-Nev.), Elizabeth Warren (D-Mass.), Patrick Leahy (D-Vt.), Ben Cardin (D-Md.), Alex Padilla (D-Calif.), Ben Ray Luján (D-N.M.), Tina Smith (D-Minn.), Bernie Sanders (I-Vt.), Cory Booker (D-N.J.), Patty Murray (D-Wash.), Kirsten Gillibrand (D-N.Y.), Michael Bennet (D-Colo.), Jacky Rosen (D-Nev.), Richard Blumenthal (D-Conn.), Amy Klobuchar (D-Minn.), Martin Heinrich (D-N.M.), Chris Van Hollen (D-Md.), Jack Reed (D-R.I.), Dick Durbin (D-Ill.), Chris Coons (D-Del.), Tom Carper (D-Del.), Tammy Baldwin (D-Wis.), Mazie K. Hirono (D-Hawaii), Jeff Merkley (D-Ore.), Dianne Feinstein (D-Calif.), Brian Schatz (D-Hawaii), and Tammy Duckworth (D-Ill.)

A copy of the letter is available here and below. 

Dear Secretary Mayorkas and Secretary Blinken,

We write to express our concerns about ongoing humanitarian needs in Central America and to appeal for Temporary Protected Status (TPS) redesignations for El Salvador, Honduras, and Nicaragua, and a new TPS designation for Guatemala. It is our assessment that the severe damage caused by back-to-back hurricanes just over one year ago, combined with extreme drought conditions, and the social and economic crises exacerbated by the COVID-19 pandemic, warrant such an action by the Administration. The Guatemalan government has requested a TPS designation, and U.S. Embassies have issued disaster declarations for El Salvador, Guatemala, Honduras, and Nicaragua in recognition of the urgent needs. TPS designations and redesignations would provide critical protections for eligible beneficiaries and enable them to support basic needs of loved ones back home and invest in safer alternatives to irregular migration. Lastly, such designations would be consistent with the Administration’s commitments to address climate migration.

The crisis in Central America is urgent. In the past year, the region has experienced extreme weather events, including two hurricanes followed by a months-long drought. According to the World Food Program (WFP), farmers in the region face the worst dry farming season in 35 years. Hunger in El Salvador, Guatemala, Honduras and Nicaragua has increased almost fourfold over the past two years, according to WFP, from 2.2 million people in 2018 to close to 8 million people in 2021. Eight in ten households are resorting to crisis coping measures, selling their lands, tools, and livestock, and missing meals or eating less nutritious meals. It will take years to repair damage to roads, schools, bridges, wells, and other physical infrastructure caused by hurricanes Eta and Iota, which continue to impede citizens’ livelihoods. The pressures have led to an uptick in outmigration from the region. In January, 15 percent of people surveyed by WFP said they were making concrete plans to migrate — double the number two years ago. Media report that the region’s citizens are having to choose between migrating or facing hunger. Despite U.S. Embassies’ disaster declarations, which activated the delivery of U.S. humanitarian assistance, 8.3 million people were in need of humanitarian assistance in July 2021, including 5.5 million who were in desperate need of food as of September 2021, according to the Famine Early Warning System Network.

The International Monetary Fund says that remittances initially supported the region’s economic recovery from the COVID-19 pandemic, but tropical storms Eta and Iota interrupted progress, damaging crops and halting manufacturing. In 2020, Honduras’ GDP dropped nine percent, El Salvador’s GDP dropped nearly eight percent, Nicaragua’s dropped two percent, and Guatemala’s by 1.8 percent. The IMF supported the region with emergency financing to cope with these shocks. However, the enduring effects of the COVID-19 pandemic and lagging vaccination campaigns, especially in Guatemala, Honduras, and Nicaragua, will prolong the region’s economic recovery.

Combined, the effects of the natural disasters and the COVID-19 pandemic have profoundly exacerbated food insecurity, violence, and led to rising social tensions. Forced displacement continues to plague the region. Over one million Central Americans have been displaced by violence and insecurity. Gender-based violence continues to be a major driver of displacement, with rates increasing dramatically throughout 2020. On November 3, the Inter-American Commission on Human Rights named El Salvador the most dangerous Latin American country for women. Additionally, countries in the region have suffered severe democratic backsliding and political persecution is on the rise, including through the consolidation of a dictatorship in Nicaragua, the dismantling of independent judiciaries, and efforts to intimidate and silence civil society and independent media.

TPS is a humanitarian tool used by both Democratic and Republican administrations to provide relief for individuals who are unable to return to countries facing extraordinary conditions. The Biden administration must act and provide certainty for eligible individuals from Central America during this challenging moment. These temporary designations would give the U.S. government more time to partner with governments and civil society to ensure that the return of a large number of individuals to Central America does not create further instability and volatility in the region. They would also provide immediate and tangible humanitarian benefits to new status holders and help mitigate the factors driving dangerous outmigration by securing life-saving remittances.

It is our view that El Salvador, Guatemala, Honduras, and Nicaragua meet the standards for TPS. We look forward to working closely with and supporting the Biden administration as it take this important step to uphold humanitarian protections, safeguard U.S. national security interests, and defend American families. Thank you for your consideration of this important matter.

Sincerely,

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), issued the statement below, after the Senate parliamentarian ruled against the inclusion of immigration measures in the budget reconciliation bill:

“I’m disappointed by the parliamentarian’s recent ruling. However, we must be clear: the fight for immigration reform is NOT over. I look forward to working with my colleagues, including Senators Dick Durbin and Alex Padilla, to help protect the thousands of TPS holders and DACA recipients who call Virginia home.”

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WASHINGTON – On the 9^th anniversary of the Deferred Action for Childhood Arrivals (DACA) program being announced, U.S. Senator Mark R. Warner (D-VA.) joined Senators Catherine Cortez Masto (D-Nev.) and Dick Durbin (D-Ill.) in leading their colleagues in calling on the Biden administration to address the extreme backlog for DACA applicants and reduce wait times for DACA renewals. Current delays are a result of the Trump administration’s anti-immigrant policies and the COVID-19 pandemic and continue to negatively impact the immigrant community. 

“As you know, access to DACA provides a vital lifeline to hundreds of thousands of young people. Many DACA recipients are essential workers in health care and other critical industries and are playing an important role in helping our economy recover from the ongoing pandemic. Delays in granting benefits to DACA applicants and recipients therefore affect not just their own employment and stability, but the social and economic welfare of us all,” the Senators wrote.

They continued, “DACA processing delays have significant consequences, not just for individuals depending on the status for their livelihoods and security, but for their families and for the businesses and workplaces that employ them. As we work to build back our economy from the effects of the pandemic, reducing backlogs and processing delays for DACA cases is of the utmost importance.”

The letter is signed by Sens. Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Tom Carper (D-DE), Chris Van Hollen (D-MD), Tim Kaine (D-VA), Ed Markey (D-MA), Jacky Rosen (D-NV), Sheldon Whitehouse (D-RI), Alex Padilla (D-CA), Cory Booker (D-NJ), Amy Klobuchar (D-MN), Bob Casey (D-PA), Elizabeth Warren (D-MA), Ben Ray Lujan (D-NM), Chris Coons (D-DE), Tina Smith (D-MN), Jeff Merkley (D-OR), and Kirsten Gillibrand (D-NY).    

A copy of the Senators’ letter to U.S. Citizenship and Immigration Services can be found here and below. 

June 15, 2021

Ms. Tracy Renaud

Acting Director

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW

Washington, D.C. 20529

Dear Director Renaud:

We write to express our concerns regarding processing delays for immigration benefits at U.S. Citizenship and Immigration Services (USCIS). These delays—a legacy of the Trump Administration’s anti-immigrant policies and the COVID-19 pandemic—continue to negatively impact immigrants, our communities, and our nation as a whole. As the Biden Administration and USCIS work to rebuild and strengthen our nation’s immigration system, we hope that reducing processing delays will continue to be a priority. 

While we are aware that processing times for many different forms of immigration benefits have been unusually high for several years, we are particularly concerned about delays impacting applications related to the Deferred Action for Childhood Arrivals (DACA) program, including initial, first-time DACA requests, DACA renewal requests, and related employment authorization applications. As you know, access to DACA provides a vital lifeline to hundreds of thousands of young people. Many DACA recipients are essential workers in health care and other critical industries and are playing an important role in helping our economy recover from the ongoing pandemic. Delays in granting benefits to DACA applicants and recipients therefore affect not just their own employment and stability, but the social and economic welfare of us all.

Despite the change in Administration and ongoing efforts at USCIS to expand processing capacity, current wait times for DACA requests continue to be high. The average processing time for new DACA requests is between four and nine months, depending on the USCIS service center.[1] Despite the fact that hundreds of initial DACA requests were submitted when the process reopened at the end of last year, nonprofit legal service providers report that only a handful of initial requests nationwide have been approved. Reportedly, some requestors who applied in December 2020 or January 2021 have not yet been contacted to schedule their biometrics appointment. Delays for new initial DACA requests are particularly concerning because these individuals need DACA to access employment that will allow them to sustain themselves and their families, and to pursue higher education opportunities. Additionally, many of these individuals need deferred action to stop accruing unlawful presence and gain protection from deportation, and have been waiting to apply for over three years since the Trump Administration stopped accepting new requests on September 5, 2017 and attempted to eliminate the DACA program entirely.

It also appears that some DACA renewal requests continue to be processed at an unacceptably slow rate, with certain applications taking an estimated full year to process, depending on the USCIS service center.[2] These processing times are occurring despite USCIS’s stated goal of processing DACA renewal requests within 120 days.[3] Constituents have resorted to contacting our offices for assistance because, in addition to experiencing delays, the USCIS case tracker provides insufficient information to requestors and their attorneys.[4] Furthermore, some service centers are telling congressional caseworkers that expedited processing requests for DACA renewals will not be granted and that no information on case status can be shared at this point in time. Applicants need to know where their requests are in the adjudication process to better estimate how much longer they have to wait and to assess whether there are any issues with the processing of their requests.

DACA processing delays have significant consequences, not just for individuals depending on the status for their livelihoods and security, but for their families and for the businesses and workplaces that employ them. As we work to build back our economy from the effects of the pandemic, reducing backlogs and processing delays for DACA cases is of the utmost importance.

In order for us to better serve our constituents, we respectfully request that the following information be provided to our offices by July 1, 2021:

1.     How many initial, first-time DACA requests were received from January 1, 2021 to May 31, 2021?

2.     How many biometrics appointments have been scheduled for initial, first-time DACA requests received from January 1, 2021 to May 31, 2021?

3.     How many initial, first-time DACA requests have been fully adjudicated between December 2020 and May 31, 2021?

4.     How many DACA renewal requests are currently awaiting adjudication beyond the 120 day processing goal?

5.     How many requests for advance parole from DACA recipients are currently pending adjudication?

6.     How does USCIS account for the highly varied processing times for DACA-related requests at its California, Nebraska, and Vermont service centers?

7.     What steps has USCIS taken to address processing delays at its California, Nebraska, and Vermont service centers?

8.     In light of changing pandemic-related guidelines, what steps has USCIS taken to adjust COVID-19 related policies and procedures that impact request processing times? 

Thank you for your attention to this matter. We look forward to working with you to address these concerns as soon as possible.   

Sincerely,

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WASHINGTON – Today, U.S. Senator Mark R. Warner (D-Va) joined Senators Ben Cardin and Chris Van Hollen (both D-Md.) and Senate Majority Leader Chuck Schumer (D-N.Y.) in announcing the reintroduction of the Safe Environment from Countries Under Repression and in Emergency (SECURE) Act, legislation to allow qualified TPS recipients to apply for legal permanent residency. The Senators noted the support of over 20 of their Senate colleagues. They underscored their commitment to working with the Biden Administration and the new Democratic majority in the Senate to provide security to TPS recipients. 

“TPS recipients are essential to our communities in Maryland and across the country. They are business owners contributing to our economies, students with bright futures, and leaders on the frontlines of our social movements. They came here legally and it is unsafe to return to their home countries. We have a moral obligation not to return people to countries that will put them in harm’s way,” said Senator Cardin. “The SECURE Act will extend protections for these hardworking residents and end the uncertainty and discrimination they faced under the previous administration.”

“For decades, our country has welcomed and protected those fleeing violence and turmoil around the world. TPS recipients are members of our communities – they are our neighbors, local business owners, friends, and frontline workers. Many have lived here legally for over twenty years – and have come to call our country home. But over the last four years, the livelihoods of these individuals have been under constant threat. Now, alongside the Biden Administration, we must prioritize providing TPS recipients security and certainty. We’ll be working to quickly get this done,” said Senator Van Hollen. 

"TPS holders are our neighbors, friends and colleagues and many have lived in the U.S. for decades and call America home. These individuals have made countless contributions to our communities and businesses and many have served on the frontlines of fighting the COVID-19 pandemic. It is essential that we stand with them by working to pass the SECURE Act, which is why I'm proud to join Senator Van Hollen and Senator Cardin in reintroducing this piece of legislation today," said Senate Majority Leader Chuck Schumer (D-N.Y.), an original cosponsor of the legislation.

In addition to Senators Warner, Cardin, Van Hollen, and Schumer the legislation is cosponsored by Senate Judiciary Chairman Dick Durbin (D-Ill.), and Senators Brian Schatz (D-Hawaii), Richard Blumenthal (D-Conn.), Dianne Feinstein (D-Calif.), Ed Markey (D-Mass.), Catherine Cortez-Masto (D-Nev.), Tina Smith (D-Minn.), Kirsten Gillibrand (D-N.Y.), Elizabeth Warren (D-Mass.), Jacky Rosen (D-Nev.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), Ron Wyden (D-Ore.), Sheldon Whitehouse (D-R.I.), Tim Kaine (D-Va.), Patty Murray (D-Wash.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Chris Coons (D-Del.), and Amy Klobuchar (D-Minn.). 

TPS is a temporary, legal status granted to foreign citizens who are endangered by conditions in their home country such as ongoing armed conflict, environmental disaster, epidemic, or other extraordinary events. Currently, there are approximately 411,000 people with TPS in the United States from ten designated countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen. TPS status is granted for set periods ranging from six to 18 months, requiring the Department of Homeland Security to extend a country's status on a recurring basis. Every time a country is recertified, recipients must reapply and pass a thorough background check.

In September 2020, a federal court of appeals ruled in favor of the Trump Administration and reversed a court order in the Ramos v. Nielsen lawsuit which halted the termination of TPS designations for El Salvador, Haiti, Nicaragua, and Sudan; this court order also stopped terminations of TPS for Honduras and Nepal. TPS recipients now face uncertainty as they wait for the pending re-hearing on the case. This uncertainty and the continued dangerous circumstances in their home countries has created considerable hardship for TPS recipients and their families, including American-born children. The SECURE Act will provide stability for these individuals and their communities by giving them the ability to apply for legal permanent residency. Under the bill, all TPS recipients who were qualified under the most recent TPS designation and who have been continuously present in the United States for at least three years would be eligible to apply for legal permanent residency.

Text of the legislation can be found here.

Today’s call was attended by a wide array of advocacy organizations including: CASA, National TPS Alliance, 32BJ of the Service Employees International Union (SEIU), LIUNA, Alianza Americas, African Communities Together, Adhikaar, Haitian Bridge Alliance, and Presente.org. 

“I am the lead plaintiff in the lawsuit led by TPS families challenging the Trump Administration’s racist and anti-immigrant attempts to tear more than 275,000 US citizen children from their parents. For too long TPS families have been pawns in other people's agendas even after we fought tirelessly in the federal courts, marched on Washington, and lobbied congress to get to this point. Now it is time for Congress to utilize any and all legislative vehicles which would guarantee our families a Permanent Residency,” said Crista Ramos, lead plaintiff in the Ramos Case and daughter of Salvadoran TPS holders from San Francisco, California. Crista is a member of the National TPS Alliance. 

“My job as an essential worker, making sure rooms are safe and clean for Walter Reed patients can mean life or death for everyone inside,” said TPS holder, Barbara Rauda, a 32BJ SEIU member and mother of three working as a frontline cleaner at Walter Reed Military Hospital. “I have been in the U.S. for over twenty one years and I have three children who are U.S. citizens, having a green card would help keep families like mine together.”

“As a frontline worker during the COVID pandemic, my immigration status has brought me tremendous stress that I would not be able to provide care in my community. It has been a privilege to be part of the workforce combatting COVID-19, taking care of vulnerable populations. However, as a TPS holder, my working permit had an expiration date. There was always that fear that it would not be renewed or worse, that I would be deported back to my country; a country that I had left as a teenager almost two decades ago. For the past decades, I felt loss, hurt, disappointed, and afraid for my future. Lawful permanent residency would mean hope for tomorrow, hope for my future and for my family,” said Rose Michelle Tilus, a Rhode Island TPS Holder from Haiti, frontline worker and member of the Haitian Bridge Alliance.

“This month of February it is 21 years that I cannot hug my parents. Two weeks ago my 96-year-old father was on the brink of death. Lawful permanent residency would allow me to continue contributing to the United States and to be close to my family in El Salvador during emergencies,” said Yanira Arias, TPS beneficiary from El Salvador and member of Alianza Americas. Yanira is the main source of financial support for her elderly parents and an organizer mobilizing immigrant communities across the United States.

“I am a proud single mother of a daughter who is now 30 years old and is working as a nurse. Within a couple of years of getting my work permit through TPS, I was able to acquire two businesses in Dallas, and in Texarkana. TPS has given this mother and daughter the opportunities that we could never have imagined back in Nepal, especially as a single mother family. Yet, the uncertainty that TPS entails has been very stressful for us. We need permanent residency so that I can grow my businesses further, my daughter can be ensured of longer-term employment in health services, and we can both continue to give back to the community the way we always have been even while in temporary status,” said Namrata Pokhrel, a Texas TPS holder from Nepal, member of Adhikaar and small business owner. 

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) and Sens. Ben Cardin and Chris Van Hollen (both D-MD) today sent a letter to Alejandro Mayorkas, President-elect Biden’s nominee for Secretary of the Department of Homeland Security (DHS), urging him to take swift action once confirmed to protect 58,000 Temporary Protected Status (TPS) recipients living in Virginia and Maryland alone. Currently, TPS status for thousands of beneficiaries continues to be in jeopardy due to ongoing legal efforts by the Trump Administration to terminate the program. In a letter to DHS Secretary-Designate Mayorkas, the Senators applaud the Biden Administration’s commitment to protect current TPS holders and its pledge to grant TPS to Venezuelans already in the United States. The Senators also ask the incoming administration to take immediate executive actions to provide stability for TPS recipients and their families from El Salvador, Haiti, Honduras, Nicaragua, Nepal, and Sudan.

“We write today to reiterate our support for immediate action to protect the hundreds of thousands of Temporary Protected Status (TPS) recipients whose continued lawful status in the country remains in jeopardy as a result of the Trump Administration’s efforts to terminate their protections and to urge you to promptly issue additional TPS designations and redesignations based upon a sober assessment of country conditions and an exercise of your clear statutory authority. We are pleased that President-elect Biden has pledged to grant TPS to Venezuelans already in the United States, something for which we have advocated. It is critical, especially during the ongoing public health and economic crises brought on by the COVID-19 pandemic, for the Biden-Harris Administration to act quickly to provide clarity and long-term stability to TPS recipients in our communities,” wrote the Senators to DHS Secretary-Desginate Alejandro Mayorkas.

In their letter, the Senators highlight that over the past four years, the Trump Administration has taken action to terminate TPS protections for recipients from El Salvador, Haiti, Honduras, Nicaragua, Nepal, and Sudan, a move that President-elect Biden has described as “politically motivated.” While the Trump Administration recently extended TPS and associated work authorization documents for these individuals until October 4, 2021, TPS protections could still be removed without swift action by the incoming Biden Administration.

“TPS recipients from these six countries represent approximately 400,000 residents and over 97 percent of all TPS recipients nationwide. We are proud to represent over 58,000 TPS recipients in the National Capitol region alone. Additionally, approximately 63,100 U.S. citizen children of TPS recipients, many of whom are school-aged, live in our region. We cannot overstate the importance of our desire to protect those American children from the brutal choice they and their families will face if the Trump Administration’s terminations are permitted to go into effect. Their parents will immediately lose their permission to work. And each child will be forced to either separate from their parents or be uprooted from the lives they have built in this—their own—country. In Virginia and Maryland alone, an estimated 13,300 TPS holders work in industries that DHS deems ‘essential critical infrastructure’ including health care, agriculture, and manufacturing. These individuals have worked alongside other Americans at great risk to themselves and their family members to help keep the country running, and they will continue to play an important role in the recovery and rebuilding ahead,” continued the Senators. 

In addition to calling for a swift reversal of the Trump Administration’s TPS policies and urging the incoming Biden Administration to explore executive actions to provide stability for TPS recipients, the Senators ask the incoming Biden Administration to send an immigration bill to Congress that includes pathways towards lawful permanent residency for TPS recipients. The Senators also urge the Administration to redesignate El Salvador, Honduras, and Nicaragua for TPS and issue a new TPS designation for Guatemala due to the devastation from Hurricanes Eta and Iota.

A copy of the letter is found here and below.

Dear Secretary-Designate Mayorkas: 

We would like to congratulate you on President-elect Joe Biden’s announcement that he intends to nominate you for the position of Secretary of the Department of Homeland Security (DHS). We trust that your experience as Director of United States Citizenship and Immigration Services (USCIS) and as Deputy Secretary of DHS, along with your personal experience as a son of refugees, will leave you well-positioned to address the pressing issues facing our nation’s immigration system, many of which have been significantly worsened by the Trump Administration’s harmful policies.

The task of the incoming Biden-Harris Administration will be, as the President-elect often states, to “restore the soul of the nation,” which is urgently needed in the sphere of immigration policy. We write today to reiterate our support for immediate action to protect the hundreds of thousands of Temporary Protected Status (TPS) recipients whose continued lawful status in the country remains in jeopardy as a result of the Trump Administration’s efforts to terminate their protections and to urge you to promptly issue additional TPS designations and redesignations based upon a sober assessment of country conditions and an exercise of your clear statutory authority. We are pleased that President-elect Biden has pledged to grant TPS to Venezuelans already in the United States, something for which we have advocated. It is critical, especially during the ongoing public health and economic crises brought on by the COVID-19 pandemic, for the Biden-Harris Administration to act quickly to provide clarity and long-term stability to TPS recipients in our communities. 

Over the past four years, the Trump Administration moved to terminate TPS for recipients from six nations: El Salvador, Haiti, Honduras, Nicaragua, Nepal, and Sudan.  President-elect Biden decried these decisions as having been “politically-motivated”—a finding supported by a report prepared by the minority staff of the Senate Foreign Relations Committee and by the federal district court in Ramos v. Nielsen that initially blocked several terminations from taking effect. Only by virtue of litigation that remains pending have these designations remained in place, but the success of that litigation is now in doubt, and the continued fear and uncertainty experienced by TPS recipients are very real. While the Trump Administration, as a result of the outstanding court cases, recently extended TPS and associated work authorization documents for these individuals until October 4, 2021, even that brief reprieve could be taken away from many of these individuals if a court ruling comes soon. 

TPS recipients from these six countries represent approximately 400,000 residents and over 97 percent of all TPS recipients nationwide. We are proud to represent over 58,000 TPS recipients in the National Capitol region alone. Additionally, approximately 63,100 U.S. citizen children of TPS recipients, many of whom are school-aged, live in our region. We cannot overstate the importance of our desire to protect those American children from the brutal choice they and their families will face if the Trump Administration’s terminations are permitted to go into effect. Their parents will immediately lose their permission to work. And each child will be forced to either separate from their parents or be uprooted from the lives they have built in this—their own—country. In Virginia and Maryland alone, an estimated 13,300 TPS holders work in industries that DHS deems “essential critical infrastructure” including health care, agriculture, and manufacturing. These individuals have worked alongside other Americans at great risk to themselves and their family members to help keep the country running, and they will continue to play an important role in the recovery and rebuilding ahead.

The incoming Biden-Harris Administration has promised to immediately review Temporary Protected Status for vulnerable populations who cannot find safety in their countries due to violence or disaster. Additionally, the new administration has promoted a pathway to citizenship through legislative immigration reform for TPS and Deferred Enforced Departure (DED) recipients. While we share the Biden-Harris Administration’s desire for a comprehensive review of TPS policy and pathways to citizenship, we also urge you to take immediate executive actions to provide stability for TPS recipients and their families in the U.S. weathering the public health and economic crises brought on by COVID-19. 

First, we respectfully request that the Biden-Harris Administration issue a notice in the Federal Register on January 20, 2021, vacating the Trump Administration’s termination decisions for all six nations and automatically extending current protections, including Employment Authorization Documents, while committing to conduct new fact-based assessments of country conditions required by law. Decisions regarding whether to extend, redesignate, or terminate protections for each of these countries must be made based upon the facts and the law. We also encourage you to consider granting DED to nationals of these countries, if necessary, as a way to ensure continuity of protections in the interim.

Second, in connection with the decision to review country conditions anew, we respectfully request that the Biden-Harris Administration promptly redesignate El Salvador, Honduras, and Nicaragua, for TPS—and issue a new TPS designation for Guatemala—as a result of the devastation left behind by Hurricanes Eta and Iota. The economic damage to these countries from these two unprecedented hurricanes is projected to far surpass the damage caused by Hurricane Mitch in 1998 on which the current designations for Honduras and Nicaragua are based. Widespread flooding and landslides caused substantial damage to critical infrastructure, housing, livelihoods, and food security, and weakened each country’s public health infrastructure at a time when they were already struggling to deal with the coronavirus pandemic. The governments of Honduras and Guatemala already have made formal requests for TPS—a pre-condition for designations under Section 244(b)(1)(B)—but the “extraordinary and temporary conditions” that make it impossible for these four countries to safely accept the return of their nationals more than justifies designations under Section 244(b)(1)(C), which does not require a request from a foreign government.

As the new administration works to fulfill its promise of sending an immigration reform bill to Congress within its first 100 days, we urge you to consult the models of the bipartisan American Dream and Promise Act, as well as the Safe Environment from Countries Under Repression and in Emergency (SECURE) Act. Both bills include pathways towards lawful permanent residency for TPS recipients. 

The COVID-19 pandemic has laid bare the reality that millions of immigrants, both documented and undocumented, work alongside other Americans every day to keep the country going, and their work and contributions will be no less important as we begin to turn the corner and work toward a national recovery that is strong, resilient, and equitable. This is true of more than 131,000 TPS holders who are serving in jobs essential to the nation’s critical infrastructure. As we overcome this crisis, we owe a debt of gratitude to these communities that we can begin to pay by extending citizenship to those who have dutifully served their neighbors in a time of crisis. We commit to working with you to achieve that goal.  Thank you for your time and consideration.

Sincerely, 

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