Фото: unsplash.com
It is premature to say that the US Supreme Court’s decision regarding the Temporary Protected Status (TPS) program will affect Belarusian citizens, Leanid Marozau, an adviser to Sviatlana Tsikhanouskaya, said.
“Publications have appeared creating the impression that the US Supreme Court’s decision directly affects all recipients of temporary protection, including Belarusians. This is not entirely accurate.
The court’s decision concerns the Temporary Protected Status (TPS) program in the United States and relates to the administration’s ability to terminate it for citizens of Haiti and Syria. TPS is granted only to nationals of countries specifically designated for the program by the US Department of Homeland Security, and Belarus has never been included on that list. The decision itself concerns only citizens of Haiti and Syria. How it may affect Belarusian citizens is currently unclear.
It is important to distinguish between different legal protection regimes. For example, under European Union law, international protection includes two main forms: refugee status and subsidiary protection. Subsidiary protection may be withdrawn if the grounds for granting it no longer exist. In the United States, TPS is neither refugee status nor asylum but a separate temporary mechanism available to nationals of certain countries when returning them is temporarily impossible or unsafe because of armed conflict, natural disasters, or other extraordinary circumstances.
The temporary nature of TPS means that it may be extended, but it may also be terminated or not renewed by the competent authorities. Therefore, the termination of temporary status is not, in itself, a new legal mechanism,” Marozau explained.
Tsikhanouskaya’s Office notes that although there is a trend toward tighter US immigration policy, it is too early to say how this may affect Belarusians.
“The broader trend toward a more restrictive US immigration policy certainly deserves attention. However, it is premature to conclude that this decision automatically applies to Belarusians or signals a review of their legal status.
At present, the decision contains no findings that directly affect Belarusian citizens. We will continue to monitor developments in US case law and will provide separate updates should any decisions emerge that could directly affect Belarusians,” Marozau said.
The US Supreme Court has allowed the administration of Donald Trump to end temporary protection for migrants from Haiti and Syria and to resume limiting the number of people applying for asylum at the US-Mexico border. White House adviser Stephen Miller also said that asylum seekers would be sent to third countries.