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TPS Resolution passed by City of Jersey City, N.J., USA for Nepalese-American. Will we get TPS Status? PDF Print E-mail
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Written by Pradeep Pariyar Thapa Magar   
Thursday, 28 May 2015 03:17

Exclusive: 11 photos: New Jersey- TPS Resolution for Nepalese-American passed by Municipal Council of City of Jersey City, New Jersey, USA today May 27, 2015. The City became the first U.S. city to passed the TPS Status resolution for Nepalese residing in the USA. The Council President, Rolando R. Lavarro who is Phillipino-American, took the initiative to table the resolution. The resolution was passed unanimously by the council members. The council meeting also observed one minute silence to pay tribute to the dead ones during the massive earthquake that hit Nepal on April 25, 2015.


Jersey City Nepalese residents witnessing the historic moment of passing of TPS Resolution for Nepalese-American from City of Jersey City Municipal Council at City Hall, Jersey City, NJ, USA on May 27, 2015. Photo by Margaret DeVico for USNepalOnline.com

At the meeting, Women for Cause (WFC) President Dr. Bishnu Maya Pariyar delivered her vote of thanks on behalf of Nepalese community. She expressed her gratitude to the City of Jersey City Council for passing the important TPS resolution to help Nepalese residents in the United States who are living without proper papers who can work legally and return to Nepal with legal travel document if it is granted by Department of Homeland Security which comes under U.S. Government's Department of States. She also mentioned that she felt lucky to be the resident of this beautiful Jersey City who cared a lot to Nepalese community.

Women for Cause (WFC) President Dr. Bishnu Maya Pariyar (center) delivering her vote of thanks while WFC VP Renu Sharma Sapkota (right) and other members look on. Photo: Pratha Magar for USNepalOnline.com

The resolution urges the United States Department of Homeland Security to designate Nepal for Temporary Protected Status (TPS) under Section 244(b) of the Immigration and Nationality Act in the wake of the widespread destruction caused by the recent Nepal earthquake.

City of Jersey City Municipal Council TPS Resolution No. 10, Z23. Read this resolution at the end of this news.

The resolution states that;

"Whereas, given the widespread destruction, loss of life, and ongoing dangerous situation on the ground, Nepal more likely satisfies conditions to merit a designation of TPS; and

Whereas, a grant of TPS would allow Nepal nationals currently residing in the United States to continue residing in the U.S. With temporary legal status. TOS will provide Nepal nationals protection from deportation, travel authorization, and the ability to work legally in the U.S. Granting TPS would allow Nepal nationals to continue working and generating income that can be sent to help their families back home; and

USNepalOnline.com's Editor-in-Chief, Pradeep Thapa interviewing Council President, Rolando R. Lavarro at his City Hall office. Photo: Dr. Bishnu Maya Pariyar for USNepalOnline.com

Whereas, deporting Nepal nationals would burden an already strained infrastructure in Nepal by forcing the country to reabsorb thousands of its nationals currently abroad during this national emergency. It would also force Nepal nationals to return to their country at a time when conditions on the ground remain unsafe;

Nepalese representatives in front of City Hall, Jersey City after attending TPS resolution passing at City Hall, Jersey City, NJ, USA on May 27, 2015. Photo by Pratha Magar for USNepalOnline.com

Whereas, the United States of Homeland Security and the United States Citizenship and Immigration Services acted quickly in very similar circumstances to designate for TPS, Haiti in 2010 and El Salvador in 2001, after massive earthquakes hit those countries."

TPS beneficiary date source: Migration Policy Institute (MigrationPolicy.org)

The resolution states that "Whereas, according to the most recent USAID report on May 13, the Government of Nepal reported 8,219 fatalities; close to 17,900 people injured; more than 280,000 homes destroyed and more than 250,00 more homes damaged."

Jersey City is officially and affectionately called "America's Golden Door" due to its history of accepting millions of early immigrants who enter through Ellis Island from 1892 until 1954 which is located between New York City's downtown Manhattan and Jersey City's Liberty Park. Photo: Pratha Magar for USNepalOnline.com

-Pradeep Thapa Magar in New Jersey. Comments? 917-570-1098. Or, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

TPS Resolution of the City of Jersey City, N.J.

Adopted at a meeting of Municipal Council of the City of Jersey City, N.J.
May 27, 2015
Rolando R Lavarro, Jr., President of Council
Robert Byrne, City Clerk
Resolution No. 10, Z23

RESOLUTION URGING THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO DESIGNATE NEPAL FOR TEMPORARY PROTECTED STATUS (TPS) UNDER §244(b) OF THE IMMIGRATION AND NATIONALITY ACT IN THE WAKE OF THE WIDESPREAD DESTRUCTION CAUSED BY THE RECENT NEPAL EARTHQUAKE

WHEREAS, On April 25th, a 7.8 magnitude earthquake occurred in Nepal, approximately 50 miles northwest of Kathmandu.  Government reports confirm that 30 out of 75 districts in the country have been affected in the Western and Central Regions, including mountain and hilly areas, in areas where rural populations are dispersed, as well as some very densely populated districts and Nepal’s two largest cities – greater Kathmandu and Pokhara;

WHEREAS, according to the most recent USAID report on May 13, the Government of Nepal reported 8,219 fatalities; close to 17,900 people injured; more than 280,000 homes destroyed and more than 250,00 more homes damaged. These figures are expected only to rise after a powerful aftershock, a 7.3 magnitude earthquake struck on May 12;

WHEREAS, The U.S. Department of State recommends that U.S. citizens in Nepal exercise caution when traveling in or planning departure from the country. Infrastructure is fragile, access to basic resources is limited and cell phone and internet service are intermittent. In Kathmandu, some buildings are collapsed and roads are impassable;

WHEREAS, the United States government, military, and humanitarian organizations have directed desperately needed relief. According to USAID, over $32 million in humanitarian aid has been implemented as of their May 13 report;

WHEREAS, §244(b) of the Immigration and Nationality Act allows the Secretary of the United States Department of Homeland Security to designate, for a protected time period, a foreign state for special protection if a natural disaster prevents the state from being able to adequately handle the return of nationals. In the alternative, §244(b) allows the Secretary to grant Temporary Protected Status ("TPS") upon a finding of "extraordinary and temporary conditions in the foreign state that prevent...nationals of the state from returning to the state in safety";

WHEREAS, Senator Ben Cardin, Ranking Member of the Senate Foreign Relations Committee, sent a request to President Barack Obama asking the U.S. government to provide Temporary Protected Status (TPS) for Nepalese nationals present in the United States that cannot return to their country due to the earthquake and humanitarian crisis in Nepal;

WHEREAS, given the widespread destruction, loss of life, and ongoing dangerous situation on the ground, Nepal more likely satisfies conditions to merit a designation of TPS;

WHEREAS, a grant of TPS would allow Nepal nationals , currently residing in the United States, to continue residing in the U.S. with temporary legal status. TPS will provide Nepal nationals protection from deportation, travel authorization, and the ability to work legally in the U.S. Granting TPS would allow Nepal nationals to continue working and generating income that can be sent to help their families back home;

WHEREAS, deporting Nepal nationals would burden an already strained infrastructure in Nepal by forcing the country to reabsorb thousands of its nationals currently abroad during this."

Nepal Temporary Protected Status Act of 2015

Official Title as Introduced:
To designate Nepal under section 244 of the Immigration and Nationality Act to permit nationals of Nepal to be eligible for temporary protected status under such section.
H.R.2033 - Nepal Temporary Protected Status Act of 2015
Sponsor: Rep. Green, Al [D-TX-9] (Introduced 04/27/2015)
Committees: House - Judiciary
Latest Action: 05/15/2015 Referred to the Subcommittee on Immigration and Border Security.
Introduced in House (04/27/2015)

Nepal Temporary Protected Status Act of 2015

114th CONGRESS
1st Session
H. R. 2033

IN THE HOUSE OF REPRESENTATIVES

April 27, 2015

Mr. Al Green of Texas (for himself and Mr. Honda) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To designate Nepal under section 244 of the Immigration and Nationality Act to permit nationals of Nepal to be eligible for temporary protected status under such section.

1.Short title

This Act may be cited as the Nepal Temporary Protected Status Act of 2015.

2.Sense of Congress

It is the sense of the Congress that the extraordinary and temporary conditions caused by the magnitude 7.8 earthquake, its aftershocks, and additional damage in Nepal qualifies Nepal for designation under subparagraph (B) or (C) of section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)), pursuant to which nationals of Nepal would be eligible for temporary protected status in the United States.

3.Designation for purposes of granting temporary protected status
(a)Designation
(1)In general

For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Nepal shall be treated as if it had been designated under subsection (b) of such section, subject to the provisions of this section.

(2)Period of designation
The initial period of such designation shall begin on the date of the enactment of this Act and shall remain in effect for 18 months.

(b)Aliens eligible
In applying section 244 of such Act pursuant to the designation made under this section, subject to section 244(c)(3) of such Act, an alien who is a national of Nepal shall be deemed to satisfy the requirements of section 244(c)(1) of such Act only if the alien—

(1)has been continuously physically present in the United States since April 25, 2015;
(2)is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and
(3)registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish.
(c)Consent To travel abroad

The Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of such Act to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of such Act.

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