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April 28, 2020

The Honorable Chad F. Wolf The Honorable Kenneth T. Cuccinelli Acting Secretary Senior Official Performing Duties of the Director U.S. Department of Homeland Security U.S. Citizenship and Immigration Services 245 Murray Lane, SW 20 Massachusetts Ave, NW Washington, DC 20528 Washington, DC 20001

Dear Acting Secretary Wolf and Senior Official Cuccinelli:

As members of Congress, we write to express our concerns over the coronavirus pandemic and its impact on Temporary Protected Status holders from Yemen and Somalia. Given the pandemic, we ask that the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) automatically extend work authorization and Temporary Protected Status (TPS) for all current Yemen and Somalia TPS holders and extend the re-registration periods for Temporary Protected Status (TPS) holders from Somalia and Yemen for a total of 180 days. Our nation’s measures to combat COVID-19, and the associated downturn, have led to the subsequent loss of income and freedom of movement. The pandemic has affected families regardless of socioeconomic and income status, but it has also generated consequences for immigrant families, especially for Yemeni and Somalian nationals in receipt of TPS status. DHS must not force TPS holders to choose between missing the opportunity to re-register and violating state and local health directives designed to slow the spread of COVID-19.

In response to COVID-19, states and localities instructed 95 percent of our country, 316 million people, to shelter in place,1 orders coinciding with unprecedented unemployment and loss of savings. On March 18, 2020, USCIS closed its offices and instituted telework procedures for adjudicators, likely contributing to prospective adjudication delays and backlogs. Service providers also face barriers to serving TPS holders, as employees must telework far from technology, case files, office supplies, and physical access to clients. These barriers make it increasingly likely that Somali and Yemeni TPS holders will be unable to re-register on a timely basis and subsequently maintain their work permits and protection from deportation. Finally, if TPS holders or their family members contract COVID-19 they may be physically unable to prepare their re-registration application in a timely manner.

Congress created TPS with the intention to prevent certain countries’ nationals from being forced to return to unsafe conditions in their home countries. USCIS has the discretion to act to extend flexibility to TPS holders, allowing them to both protect their status and protect against needless exposure to COVID-19. This authority has already been exercised by the USCIS, and its previous use was limited due to an extraordinary circumstance.2

1 Sarah Mervosh et. al, See Which States and Cities Have Told Residents to Stay at Home, New York Times, April 7, 2020, https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-home-order.html. 2 Extension of the Re-registration Period for Haiti Temporary Protected Status. Federal Register. 79 FR 25141. RIN:1615-ZB25. https://www.federalregister.gov/documents/2014/05/02/2014-10177/extension-of-the-re-registration- period-for-haiti-temporary-protected-status As such, we believe the coronavirus illness, given its significant impact across the United States, is an extraordinary circumstance and requires the appropriate level of flexibility to meet the challenges generated by COVID-19. Should USCIS refuse to do so, it will be forcing TPS holders into unnecessary danger so that they might maintain a status that is meant to keep them safe.

Thank you for your consideration of this request and we ask for a response within 15 days of this letter.

Sincerely,

Nydia M. Velázquez Member of Congress

/s/ /s/ /s/ James P. McGovern Sheila Jackson Lee Betty McCollum Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Bonnie Watson Coleman Joyce Beatty Jan Schakowsky Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Eleanor Holmes Norton Adriano Espaillat Ilhan Omar Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Ayanna Pressley Emanuel Cleaver, II Brenda L. Lawrence Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Grace Meng Yvette D. Clarke Judy Chu Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Donald M. Payne, Jr. Rashida Tlaib Dina Titus Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Max Rose Raja Krishnamoorthi Chellie Pingree Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Carolyn B. Maloney Juan Vargas Alexandria Ocasio-Cortez Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Alan Lowenthal Jim Costa Gerald E. Connolly Member of Congress Member of Congress Member of Congress

/s/ /s/ Pramila Jayapal Eliot L. Engel Member of Congress Member of Congress U.S. Department of Homeland Security U.S. Citizenship and lmmigralion Services Office ofthe Director (MS 2000) Washington. DC 20529-2000

U.S. Citizenship and Immigration Services

May 14, 2020

The Honorable Nydia M. Velazquez U.S. House of Representatives Washington, DC 20515

Dear Representative Velazquez:

Thank you for your April 28, 2020 letter regarding the effect of the coronavirus pandemic (COVID-19) on Temporary Protected Status (TPS) beneficiaries. The Acting Secretary has asked that I respond on his behalf.

The Department of Homeland Security has no greater responsibility than ensuring the safety and security of our country. Responding to the pandemic requires everyone to work within rapidly changing, complex circumstances that create a variety of situations and conditions unique to individuals and communities.

We recognize that there are immigration-related challenges that individuals, employers, and others face as a direct result of the national emergency. We carefully analyze these issues and leverage our resources to effectively address these challenges within our existing authorities. The Department continues to act to protect the American people and our communities and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.

It is important for us to emphasize that U.S. Citizenship and Immigration Services (USCIS) continues to accept and process petitions and applications for immigration benefits. Our primary goal is to ensure the safety of the public and our employees as the situation evolves. Therefore, we have temporarily suspended routine in-person services at our offices. Importantly, however, our workforce continues to perform mission-essential duties that do not involve face­ to-face contact with the public, and we provide emergency services for certain situations.

Based on action taken before the COVID-1 9 situation occurred, TPS beneficiaries under the designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan remain employment authorized while the termination of those countries' designations are enjoined pending further litigation so long as those beneficiaries remain individually eligible for TPS, and their employment authorization documents have already been extended through January 4, 2021. Employment authorization documents for TPS beneficiaries under the remaining TPS countries remain valid through the following dates: November 2, 2020 (South Sudan); March 31, 2021 (Syria); September 3, 2021 (Yemen); and September 17, 2021 (Somalia).

www.uscis.gov The Honorable Nydia M. Velazquez Page2

Our website and outreach efforts provide guidance, resources, and information to the public on the actions and policies we are implementing through these uncertain times. For policy updates, operational changes, and COVID-19 information, please visit uscis.gov/coronavirus.

Thank you again for your letter. The co-signers of your letter will receive a separate, identical response. Should you require any additional assistance, please have your staff contact the USCIS Office of Legislative and Intergovernmental Affairs at (202) 272-1940.

Sincerely,

Joseph Edlow Deputy Director for Policy cc:

The Honorable James P. McGovern Member of Congress

The Honorable Sheila Jackson Lee Member of Congress

The Honorable Better McCollum Member of Congress

The Honorable Bonnie Watson Coleman Member of Congress

The Honorable Joyce Beatty Member of Congress

The Honorable Jan Schakowsky Member of Congress

The Honorable Eleanor Holmes Norton Member of Congress

The Honorable Adriano Espaillat Member of Congress

The Honorable llhan Omar Member of Congress The Honorable Nydia M. Velazquez Page3

The Honorable Ayanna Pressley Member of Congress

The Honorable Emanuel Cleaver, Il Member of Congress

The Honorable Brenda L. Lawrence Member of Congress

The Honorable Grace Meng Member of Congress

The Honorable Yvette D. Clarke Member of Congress

The Honorable Judy Chu Member of Congress

The Honorable Donald M. Payne, Jr. Member of Congress

The Honorable Rashida Tlaib Member of Congress

The Honorable Dina Titus Member of Congress

The Honorable Max Rose Member of Congress

The Honorable Risha Krishnamoorthi Member of Congress

The Honorable Chelli Pingree Member of Congress

The Honorable Carolyn B. Maloney Member of Congress

The Honorable Juan Vargas Member of Congress

The Honorable Alexandria Ocasio-Cortez Member of Congress The Honorable Nydia M. Velazquez Page4

The Honorable Alan Lowenthal Member of Congress

The Honorable Jim Costa Member of Congress

The Honorable Gerald E. Connolly Member of Congress

The Honorable Pramilla Jayapal Member of Congress

The Honorable Eliot L. Engel Member of Congress