Felipe Hernandez Paula Reid Two of the plaintiffs in the case are at risk of deportation

As temporary protected status settlement talks stall, more than 250,000 risk deportation

As part of the Temporary Protected Status (TPS) litigation, two of the plaintiffs, Felipe Hernandez and his wife and children, who had been in the TPS program since 2011, were able to secure a hearing from a federal judge to challenge the government’s decision not to renew TPS for his family. The case is U.S. v. Hernandez, 1:15-cv-00106 (D.D.C.).

However, his case is far from over. According to U.S. Citizenship and Immigration Services, the agency that administers the program, two of the plaintiffs in the case are at risk of deportation.

Felipe Hernandez (center), and his wife and children, were living in Chicago with TPS during the time he was removed from this country, in 2014. AP Photo/Paula Reid

Two of the plaintiffs have been removed from this country while the government decided not to renew TPS for their cases. The plaintiffs, Felipe Hernandez and his wife and children, who had been in the TPS program from April 1, 2011, until their removal from the country, were able to secure a hearing from a federal judge to challenge the government’s decision not to renew TPS for their case. Asparto Hernandez, the attorney for his twin brothers, who were born in the U.S. and are legal permanent residents, said, “They [TPSes] are not permanent.”

TPS is a temporary program that allows certain immigrants who were present in the country even before the implementation of immigration reform that allows them to earn citizenship, stay in the country while applying for citizenship, and then become permanent residents. The program has been very controversial due to its use to extend temporary protections to immigrants who are undocumented. While the decision to not renew TPS for the Hernandez family was made prior to the implementation of the Deferred Action for Childhood Arrivals (DACA) policy change that will allow children like them to remain in the country and obtain citizenship without being deported, many undocumented parents and children alike do not believe that TPS is permanent and

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