WASHINGTON, D.C. – Attorney General Karl A. Racine, along with Massachusetts Attorney General Maura Healey, led a coalition of 20 attorneys general in filing a brief with the United States Supreme Court supporting the ability of individuals living in the United States under Temporary Protected Status (TPS) to become permanent residents. In a brief filed in Sanchez v. Mayorkas, the Attorneys General support a married couple from El Salvador who filed suit after their application to adjust their immigration status from TPS to lawful permanent residence was denied. The lower court in this case ruled that TPS holders who entered the country without formal review in advance of their entry to the U.S.—as is the case for the vast majority of TPS holders—are barred from adjusting their status to permanent residency even if they otherwise qualify to do so (e.g., their employers or citizen relatives are willing to sponsor their applications for permanent residency). In their brief, the attorneys general urge the Court to reject the lower court’s reading of federal law as contrary to Congress’ intent to allow TPS holders to pursue a path to permanent residency. The attorneys general argue that denying TPS holders the opportunity to adjust their statuses would be illogical, and it would severely harm the states because TPS holders are integral members of their communities and greatly contribute to states’ economies.

"The D.C. metro area is home to over 40,000 people with Temporary Protected Status," said AG Racine. "The District of Columbia benefits greatly from the talents and contributions of our neighbors who have been on Temporary Protective Status for years. These valued and hardworking members of our community should have a pathway to permanent residency and eventually to citizenship."

Under federal law, TPS offers temporary lawful status to foreign nationals in the United States who come from countries experiencing armed conflict, natural disaster, or other extraordinary conditions that temporarily prevent their safe return. The Secretary of Homeland Security may designate a particular country for TPS for periods of 6 to 18 months, and can extend these periods if conditions do not significantly improve in the designated country. The United States is home to more than 400,000 TPS holders, many of whom have been in the country for decades. The average TPS holder has lived in the United States for 19 years. 

In their amicus brief filed in Sanchez v. Mayorkas, the attorneys general urge the Supreme Court to follow the plain language of federal law and allow TPS holders to adjust their immigration status because:

• TPS holders are integral members of their communities: 400,000 TPS holders live in the United States and play crucial social and economic roles in our society, and many have built their families, careers, and communities here over the course of multiple decades. At least 250,000 American-citizen children have a parent who is a TPS holder, and thousands of TPS holders are married to American citizens or legal permanent residents.  More than 3,200 TPS holders live in the District alone, and about 40,000 live in the D.C. metro area.   
    
• TPS holders contribute greatly to state economies: TPS holders make concrete and notable contributions to states’ economies. Without the work of TPS holders, the United States would lose more than $160 billion in gross domestic product and $6.9 billion in Social Security and Medicare contributions, in addition to billions of dollars in taxes. The country’s employers would also lose nearly $1 billion in turnover costs. TPS holders participate in the American labor force at extremely high rates and disproportionately fill positions in critical industries like construction, healthcare, child- and elder-care, grocery stores, farming, and manufacturing. Indeed, while the COVID-19 pandemic ravages the nation, more than 100,000 TPS holders are serving as essential workers.  
   
• Declining to allow TPS holders to adjust their status would cause them great harm and would not provide any benefit to the United States: Without a viable path to permanent residency, many TPS holders live in constant fear of losing their protected status and being uprooted from their homes and families in the United States. For TPS holders who want to adjust their status to permanent residency, the attorneys general argue that the federal government’s position would leave those holders no choice but to leave their jobs and families to return to unsafe home countries before applying for permanent residency status—a process that can take years or decades. Denying TPS holders the ability to adjust their status also does not provide any national security or other benefits to the United States. Regardless of whether they were vetted immediately upon arriving in the U.S., all TPS holders undergo rigorous approval and reapproval processes. These processes require them to submit personal and biometric data, proof of identity and nationality, and proof of residency in the United States, along with information about spouses, children, and criminal history (if any) to the U.S. government every six to eighteen months.   

A copy of the amicus brief is available at: https://oag.dc.gov/sites/default/files/2021-03/Sanchez-v-Mayorkas-DC-MA-Amicus-FILED.pdf

Today’s brief was led by AG Racine and AG Healey and joined by the attorneys general of California, Connecticut, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.

Protecting Immigrant Communities
Under AG Racine’s leadership, OAG has worked to protect the rights and safety of immigrant communities and has challenged several federal laws and practices that unfairly target immigrant communities, from the Muslim travel ban to limitations on asylum, the termination of Temporary Protected status for Haitian-born residents, the Trump administration’s attacks on DACA, family separation, and more. OAG has also advocated for states and localities that have instituted pro-immigrant policies by helping to protect public safety funding for sanctuary cities and to limit local resources for federal immigration-crackdowns.