Continued Presence (CP) is a type of immigration status available to a non US citizen enabling the person to temporary remain in the United States and not be subject to removal. CP is currently granted to aliens who are the victims of human trafficking. Section 107(c)(3) of the Trafficking Victims Protection Act permits ICE to grant CP to alien human trafficking victims who are assisting in the prosecution of the traffickers of human beings. CP is granted for one year terms and can be renewed as necessary.
Temporary Protected Status
Temporary Protected Status (TPS) is a form of status that can be granted by the Secretary of Homeland Security to nationals from a specific country that enables the nations to be able to remain in the United States and not be subject to deportation. Section 1054a of the Immigration and Nationality Act enables TPS to be established to enable nationals from specific countries who cannot return safely to their nation. In the past, TPS has been granted in the past for people from countries after earthquakes (Haiti), hurricanes (El Salvador 1999), civil wars (Sudan), and drought (Somalia). TPS is a limited status that is granted for temporary periods and thus requires recipients to remain aware of the deadlines for reapplication.
Deferred action is a form of immigration status available to non US Citizens who is subject to deportation, but the Homeland Security has determined not to place in removal. Deferred action is completely at the discretion of Homeland Security. An easy way to understand deferred action is to examine the parties in a deportation hearing. USCIS is like the State in a criminal case who has discretion as to how the case will progress. It can decide to not proceed with a case and use deferred action as a means to not deport an alien who is out of status. The decision not to deport is deferred to a potential later date.
CP, TPS and Deferred Action are three types of temporary staus
It is important to realize that Continued Presence, Temporary Protected Status, and Deferred Action are not forms of amnesty that grants aliens permanent legal status within the United States. It is a means that permits undocumented aliens to remain in the United States outside of Federal Government detention. These forms of temporary status have been established for specific humanitarian and public good.
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