Letter to the Hon. Alejandro Mayorkas, Secretary of the US Department of Homeland Security, and the Hon. Antony Blinken, Secretary of the US Department of State - Velázquez Leads 70 Members of Congress in Calling on Biden Administration to Designate TPS for Central American Countries Devastated by Hurricanes Eta and Iota

Letter

Dear Secretaries Mayorkas and Blinken:
As Members of Congress, we write to express our strong support for the Temporary Protected
Status (TPS) program and urge its use as part of the United States' response to address recovery
efforts in Central America, particularly in Nicaragua, Honduras, Guatemala and El Salvador. TPS
was designed by Congress to be a living and breathing legislative solution that provides safe haven
for persons who do not meet the legal definition of a "refugee" under the Immigration and
Nationality Act (INA) but who are nevertheless unable to safely return to their country of origin
due to ongoing armed conflict, substantial disruptions due to a natural disaster, or other
"extraordinary and temporary conditions." Just as TPS offers a reprieve to these individuals, who
are permitted to remain temporarily and work lawfully in the United States, it also offers time and
space for their countries of origin to achieve greater stability and security and to make necessary
progress toward recovery and rebuilding.
1
Late last year, these four Central American countries were hit hard by two unprecedented category
4 hurricanes--Eta and Iota--that swept through the region and caused significant devastation. The
countries were already battling the coronavirus pandemic and pervasive food insecurity and today
the economic damage caused by these two storms is expected to far surpass the damage caused by
Hurricane Mitch, the second deadliest Atlantic hurricane on record, that hit the region in 1998. Of
course, the impact of Hurricane Mitch was significant enough that it led to the designation of TPS
for both Honduras and Nicaragua. Unfortunately, similar circumstances have again destroyed the
livelihoods and safety of Central Americans.
The TPS program is a practical and effective tool for American foreign policy and allows the
United States to respond quickly and appropriately in cases where safe haven is warranted. Section
244 of the INA applies to a very specific set of circumstances. Specifically, in cases where: (1)
there is ongoing armed conflict; (2) there is a significant impact on living conditions as a result of
natural disasters; or (3) to address conditions that are extraordinary and temporary in nature that
prevents foreign nationals from returning home safely so long as the presence of immigrants from
a designated country are not counter to the national interest. Conditions on the ground satisfy the
statutory criteria for TPS designation.
At least 309,000 homes have been impacted by the hurricanes, critical infrastructure like roads,
airports, and public health facilities suffered massive damage, and the loss of tens of thousands of
hectares of agriculture will exacerbate both severe food insecurity and economic privation.
2
Simply put, these countries are not now capable of adequately or safely accommodating the return
of their nationals. The governments of both Guatemala and Honduras have requested TPS--a
precondition for a TPS grant under INA 244(b)(1)(B).
3 And while Nicaragua and El Salvador have
not formally requested a designation, a designation is still appropriate under the "temporary and
extraordinary conditions" category--particularly as the damage to El Salvador from the storms
built upon the significant damage the country suffered months earlier from two tropical storms,
Amanda and Cristobal.
4 We believe that the use of the TPS program will be significant in
addressing public health infrastructure challenges exacerbated by the hurricanes and complement
the recovery and rebuilding strategies the United States will pursue in the region.
While legislation has been introduced in the House to address the humanitarian crisis in Central
America,
5
the Department of Homeland Security, in consultation with the State Department, have
the independent authority to make TPS designations consistent with our national interests.
6 Given
the impact of the hurricanes, we strongly support the designation of these countries under section
244 of the INA and encourage the full use of the discretionary powers that Congress has already
provided to the executive branch.
Sincerely,

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