Extending Temporary Protected Status for Honduras: Country Conditions and U.S. Legal Requirements

36 Pages Posted: 7 Nov 2017 Last revised: 2 Jul 2018

Jayesh Rathod

American University - Washington College of Law

Dennis Stinchcomb

American University - Center for Latin American & Latino Studies (CLALS)

María De Luna

American University, School of International Service, Students

Ricardo Castaneda

ICEFI (Instituto Centroamericano de Estudios Fiscales)

Jonathan Menkos

ICEFI (Instituto Centroamericano de Estudios Fiscales)

Juan Urbina

ICEFI (Instituto Centroamericano de Estudios Fiscales)

LaSarah Pillado

American University, Washington College of Law, Students

Date Written: November 2017

Abstract

In January 1999, the U.S. government announced the designation of Honduras for Temporary Protected Status (TPS). This designation was premised on the significant disruptions and damage caused by Hurricane Mitch, which had ravaged Honduras in late October 1998. TPS for Honduras has been extended over the years, and the current period of designation is set to expire in early January 2018. In the current political moment, there is concern about whether this TPS designation will be extended once again.

This report provides a background on TPS, and also undertakes a detailed examination of the justifications offered over the years for extending TPS for Honduras. Each of these past extension decisions concluded, as required by the TPS statute, that Honduras is not able to adequately handle the return of its nationals who are residing in the U.S. with TPS. Our analysis reveals that the U.S. government has premised these past extension decisions on six categories of factors: climate and environment; economy; infrastructure; public health; safety and security; and governance.

The report proceeds to assess these same factors in present-day Honduras. Honduras remains extremely vulnerable to natural disasters, which have compromised the country’s infrastructure and stalled recovery efforts. Serious challenges persist for the Honduran economy, including high levels of unemployment and underemployment. Honduras also suffers from a severe shortage of housing, higher-than-average levels of food insecurity, and limited capacity in the health sector. Finally, the security situation in Honduras continues to deteriorate, fueling displacement, and placing strains on a government already weakened by corruption and impunity. These findings compel the conclusion that TPS for Honduras should be extended.

Keywords: Honduras, Temporary Protected Status, immigration law, country conditions

Suggested Citation

Rathod, Jayesh and Stinchcomb, Dennis and De Luna, María and Castaneda, Ricardo and Menkos, Jonathan and Urbina, Juan and Pillado, LaSarah, Extending Temporary Protected Status for Honduras: Country Conditions and U.S. Legal Requirements (November 2017). CLALS Working Paper Series No. 16. Available at SSRN: https://ssrn.com/abstract=3065774 or http://dx.doi.org/10.2139/ssrn.3065774

Jayesh Rathod

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

Dennis Stinchcomb (Contact Author)

American University - Center for Latin American & Latino Studies (CLALS) ( email )

4400 Massachusetts Avenue, NW
Washington, DC
United States

María De Luna

American University, School of International Service, Students ( email )

4400 Massachusetts Ave, NW
Washington, DC
United States

Ricardo Castaneda

ICEFI (Instituto Centroamericano de Estudios Fiscales) ( email )

12 Avenida 14-41 zona 10
Colonia Oakland
Guatemala

Jonathan Menkos

ICEFI (Instituto Centroamericano de Estudios Fiscales) ( email )

12 Avenida 14-41 zona 10
Colonia Oakland
Guatemala

Juan Urbina

ICEFI (Instituto Centroamericano de Estudios Fiscales) ( email )

12 Avenida 14-41 zona 10
Colonia Oakland
Guatemala

LaSarah Pillado

American University, Washington College of Law, Students ( email )

Washington, DC
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
219
rank
126,937
Abstract Views
2,571
PlumX