Supreme Court: People with Temporary Protective Status not eligible for permanent residency

CENTRAL COAST, Calif. (KION) The Supreme Court ruled Monday that people who entered the country illegally and now have Temporary Protective Status are not eligible to apply for permanent residency.

“Sanchez was not lawfully admitted, and his TPS does not alter that fact. He, therefore, cannot become a permanent resident of this country,” Justice Kagan wrote in part,

This decision was a result of a unanimous vote. The designation applies to people coming from countries experiencing war or disasters, and it protects them from deportation and allows them to work legally.

"They're not eligible for a green card unless they have that lawful entry and TPS does not give them that," said Christianson.

Emily Christianson, an attorney with "Immigrant Legal Services of the Central Coast" said immigration law requires those who entered illegally to leave the country, ask for a pardon, and apply for "legal" entry in the U.S. The other option is to wait for a change in immigration law, she said.

“Technically leaving it up to congress in order to pass some legislation that will allow them to have that legal entry and not have to leave the country in order to admitted,” said Christianson.

But pending legislation "the Secure Act" would eliminate the barrier and allow those with T-P-S to become eligible for permanent residency. The bill has passed through the House and is currently pending review by the Senate.
Java Olage, a Salinas resident says people who are under TPS deserve to have a permanent status in this country.

"Because some of them have been here for a very long time. and working hard," said Olage. "They're part of this country and deserve to permanently stay here."