Temporary Protected Status (TPS) Applicants Granted Nationwide Class Certification in Action Demanding USCIS Honor Their Right to Work

On August 25, 2023, the Western District Court of Washington granted class certification to a nationwide class consisting of “all individuals who have submitted or will submit an initial application establishing prima facie eligibility” for TPS “who have not received a final decision on the TPS application, and who have not been issued employment authorization documentation incident to their pending TPS application.” Under federal law, USCIS is required to grant eligible TPS applicants work authorization while their TPS applications are pending. However, USCIS does not issue temporary work permits upon receipt of TPS applications, but instead waits until the applications are ready for full merits adjudications before reviewing or granting work authorization. Many applicants for TPS wait for close to a year or longer before their applications are approved.   Due to the ongoing delay, several TPS applicants filed suit against USCIS on March 9, 2023 to require USCIS to issue their work authorization documents based on their pending TPS applications and USCIS’s obligations under the federal law.  Class members who fall under the nationwide certification need not do anything to participate in the current litigation.

The class certification order can be found here. The motion to dismiss order can be found here. The complaint can be viewed here.