Temporary Protected Status for Mexico

The #TPS4Mexico campaign seeks a law firm to provide pro bono assistance in drafting a legal research memorandum to support the legal underpinnings of a Temporary Protected Status (TPS) grant for Mexico under 8 U.S.C. § 1254a. The campaign would utilize the memorandum in its advocacy efforts with White House and U.S. Department of Homeland Security (DHS) officials to support a TPS designation for Mexico. Key legal research questions include:

  1. Under 8 U.S.C. § 1254a, does the Secretary of DHS have the statutory authority to designate Mexico for TPS in response to Mexico’s COVID-19 outbreak?

  2. Under 8 U.S.C. § 1254a(B) (environmental disaster), does the Secretary of DHS have the statutory authority to designate Mexico for TPS based upon Mexico’s COVID-19 outbreak? 

    1. Does COVID-19’s status as a “pandemic” present barriers in light of the statute’s references to “epidemic?” 

    2. Would COVID-19 qualify as an “other environmental disaster” under the statute?

  3. Under 8 U.S.C. § 1254a(C) (extraordinary and temporary conditions), does the Secretary of DHS have the statutory authority to designate Mexico for TPS based upon Mexico’s COVID-19 outbreak?

  4. TPS for Mexico would protect upwards of 4.9 million noncitizens, the largest number of individuals ever protected under a TPS designation. Under 8 U.S.C. § 1254a (or through other laws), are there any limitations that preclude a TPS designation based on the number of people who would benefit?

  5. What potential constitutional or legal challenges (including Administrative Procedure Act challenges) could be brought against the Secretary of DHS for designating TPS for Mexico?

    1. What impact does 8 U.S.C. § 1254a(B)(5) (foreclosure of judicial review of designations) have on potential legal and constitutional challenges?

Analysis of other relevant legal issues may also be required.

The #TPS4Mexico campaign is a pro bono campaign dedicated to securing TPS, a form of humanitarian protection, for Mexican nationals in the United States. TPS for Mexico would provide employment authorization for and protect from deportation upwards of 4.9 million undocumented immigrants in the United States. Our steering committee members include the American Federation of Teachers, Lawyers for Good Government, Hispanic Federation, Alianza Americas, and Wind of the Spirit – Immigrant Resource Center.

To express interest in this opportunity, please fill out the form on this page and select “Temporary Protected Status for Mexico” in the Projects field.