FAQ: Temporary Immigration status
With the likely expiration and/or revocation of temporary statuses previously granted under Executive policy (e.g. parole, deferred action, TPS designation, etc.), VAAP is already receiving lots of questions from clients and community partners. The following does not constitute legal advice and its accuracy cannot be guaranteed; we share it here as a starting point to inform community members’ further research and legal advice-seeking.
What to expect for temporary status holders in ‘25
As hope for immigration legislative reform has waned, recent presidential administrations have exercised sweeping authority delegated by Congress in the Immigration and Nationality Act to effectuate at least temporary reform. Many executive actions have given rise to temporary protection from removal and permission to work through Deferred Action, Temporary Protected Status, Prosecutorial Discretion, Administrative Closure, and Parole. Unfortunately, courts have generally found that these programs can be rescinded as quickly as they are created with few due process protections for beneficiaries.
We expect the Trump Administration to rescind executive policies creating pathways to protection, and maybe to revoke associated benefits like work authorization. When a temporary benefits program is rescinded or overturned, government agencies typically cease accepting new or renewal applications. However, unless and until the temporary protection program ends, it is safe and advisable for individuals to continue applying for and renewing their benefits under that program (e.g. parole renewal, TPS renewal, associated work authorization, etc.). So long as the renewal is filed while the work authorization document is still valid, work authorization automatically extends (as of writing) and individuals should not experience any interruption in work authorization.
No doubt impact litigators will litigate how much process is owed temporary status holders when their benefits are terminated.
Meanwhile, temporarily protected individuals with viable claims for permanent pathways to regularized status may simultaneously pursue those now, rather than waiting to exhaust temporary protections through executive policy. With a huge caveat! Asylum seekers, for example, should be carefully counseled on the relative merits of their claim(s) and their particular cost-benefit analysis of submitting applications. For individuals with claims that are less likely to prevail on the merits, they may decide it is in their best interest to allow their temporary protections to expire quietly without bringing further attention to themselves by applying for additional benefits that can result in deportation if denied.
At VAAP, we prioritize “empowerment lawyering” practices, meaning: we trust clients to know what is best for themselves; we reserve projecting judgement; and we provide clients with as much information as we can so they are in the best possible position to make their own decisions. In the interest of fully informed consent, we warn people that the consequence of losing asylum is being ordered removed, and most applicants are unlikely to gain access to a free lawyer to take their entire case.
That said, temporary status holders who already understand the risks and benefits of asylum, and know that they want to apply for asylum, can join our waitlist for legal help and/or start working on their cases now. Others may wish to explore other legal pathways to regularized immigration status, and Cubans may wish to explore Cuban Adjustment of Status.
