In a groundbreaking development, a federal district court has granted nationwide class certification to Temporary Protected Status (TPS) applicants who are fervently advocating for their legal right to obtain a work permit. These applicants face prolonged waiting periods as they anticipate decisions on their TPS applications by U.S. Citizenship and Immigration Services (USCIS). TPS, designed as a form of humanitarian aid, offers temporary lawful immigration status to eligible immigrants from nations devastated by conflict or disasters.
By federal law, USCIS is mandated to provide interim work authorization to eligible TPS applicants throughout the processing of their applications, enabling them to financially support themselves and their families. Regrettably, USCIS consistently withholds temporary work permits until applications are primed for full-scale assessments, resulting in severe hardship. The delay forces most TPS applicants to endure nearly a year, and occasionally more, of financial uncertainty before their applications are ultimately sanctioned.
On August 25, Judge James L. Robart of the Western District of Washington greenlit a nationwide class of individuals encompassing those who have submitted or will submit initial applications affirming their eligibility for TPS. This class consists of individuals who are still awaiting final decisions on their TPS applications and have not yet been granted employment authorization documentation linked to their pending TPS submissions. Participation in the ongoing litigation is automatic for class members. Earlier this month, Judge Robart rejected the government’s endeavor to dismiss the case, though the dismissal was upheld for a single named plaintiff.
The legal interests of the plaintiffs are being championed by Northwest Immigrant Rights Project (NWIRP), National Immigration Litigation Alliance (NILA), and the law firm Kurzban, Kurzban, Tetzeli & Pratt (KKTP).
NWIRP staff attorney Glenda M. Aldana Madrid remarked, “For an extended period, USCIS has evaded its responsibility to grant work authorization to eligible TPS applicants, a situation pressing many to direly seek support for themselves and their families. Judge Robart’s ruling brings us a step closer to rectifying this injustice for all those affected.”
Trina Realmuto, NILA’s executive director, conveyed, “Plaintiffs can now progress with their legal challenge against USCIS’ detrimental policy of withholding interim work authorization, a policy that unjustly deprives tens of thousands of TPS applicants of the means to provide for themselves and their families. Some TPS applicants endure nearly two years before USCIS addresses their applications and extends work authorization—an unnecessary denial considering USCIS’ policy and practice.”
Edward Ramos, partner at KKTP, declared, “We are elated by the Court’s decision to grant class certification, and we eagerly anticipate upholding the rights of TPS applicants throughout the forthcoming phases of this case. Congress has unambiguously guaranteed TPS applicants the right to work as they await decisions on their applications—a right that has taken on heightened importance due to USCIS’s progressively extended processing times. The statutory right to work is unequivocal, and we eagerly anticipate vindicating this right on behalf of the certified class in the impending months.”
