ORANGE COUNTY, Fla. — A woman who lives in Orange County says she "will keep fighting” to gain U.S. citizenship, despite a recent Supreme Court ruling that made it more difficult for holders of Temporary Protective Status who entered the country illegally to pursue a pathway to citizenship.
What You Need To Know
- Central Floridian won't let Supreme Court ruling discourage effort to become citizen
- The ruling affects people who came to U.S. illegally but hold temporary protective status
- The court said holding TPS does not make a person eligible for a green card
- An immigration lawyer says other factors could improve odds for TPS holders
Wilna Destin said after she became a TPS holder, she dreamed she would become a U.S. citizen one day to continue the life she has built after she fled Haiti more than 20 years ago. But how she entered the country may bar her from doing that.
The Supreme Court recently decided on a 9-0 vote that being granted TPS in the United States because of conditions in a holder’s home country does not make the person eligible for a “green card.” Green cards are the first step on the path to U.S. citizenship. The ruling stems from a case involving a TPS holder from El Salvador who challenged the denial of his application to become a lawful permanent resident of the U.S.
“My thought is like, ‘Wow, this is crazy," Destin said. "I don’t know why they’re doing that.”
According to immigration lawyer Camila Pachon Silva, “Unless there is new law, new legislation, unfortunately there is no direct path for TPS holders."
That does not mean a TPS holder will never get a green card, Silva said, but it may just be more difficult. TPS holders can still legally find other pathways, Silva said.
TPS holders who are married to a U.S. citizen or whose parents are citizens have better chances of getting a green card, Silva said. Neither is the case for Destin, but she is the mother of two U.S. citizens.
"Unfortunately, that is one of the biggest issues that we have in immigration law — that children are not qualifying relatives for this type of case,” Silva said.
That means Destin must hope her TPS will be renewed so she doesn’t have to worry about being deported. She is currently involved in a lawsuit to prevent removal of TPS for Haitians, which almost occurred during the Trump administration.
“[It's] always going to be struggle," Destin said. "It’s the same thing that the Trump administration say ‘You all have to go back home.’ There’s no difference.”
House Democrats have introduced two bills to provide a pathway to citizenship for TPS holders, the U.S. Citizenship Act of 2021 and the American Dream and Promise Act of 2021. Both would result in TPS holders instantly qualifying for green cards. So far, only the American Dream and Promise Act passed the House.
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June 15, 2021 at 02:00PM
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Supreme Court decision makes legalization for TPS holders difficult - News 13 Orlando
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