The Republic of Mali is a landlocked country in West Africa. The eighth largest country in Africa is deep in an unambiguous humanitarian crisis caused by extreme poverty and protracted conflicts that plunged the country deeper into unrest and destabilization.
The intensification of the civil war that has been raging since 2012 and the economic recession in 2020 has left Mali’s economic recovery in 2021 weaker than initially projected, accelerating widespread poverty in a region already wrestling with threats of violent extremism. Currently, the Republic of Mali is experiencing extreme poverty, food insecurity, with limited access to safe drinking water, healthcare and other necessary resources.
Environmental challenges due to climate change have affected the sustainable use of natural resources, resulting in desertification, mining, loss of biodiversity and water pollution.
Today, of the 12.9 million people affected by the crisis, 6.3 million need humanitarian assistance, with over 70% of the displaced population relying on humanitarian aid in the absence of government resources. Those worsening humanitarian crises and ongoing armed violence and conflicts make Mali eligible for an immediate designation of Temporary Protected Status under INA § 244(b)(1)(C).
Temporary Protected Status or TPS as widely known is a form of humanitarian relief established by a bipartisan act of Congress (the Immigration Act of 1990) and granted by the Department of Homeland Security (DHS) to eligible nationals of countries undergoing an environmental disaster, armed conflict, or extreme conditions preventing their safe return. It does not– by itself– provide a pathway to lawful permanent status or citizenship.
TPS holders are protected from deportation and can be temporarily authorized to work and travel.
The Secretary of Homeland Security, after consultation with appropriate agencies of the U.S. Government, has the authority to designate a country for Temporary Protected Status (TPS) if the Secretary determines that the country’s conditions temporarily prevent their nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately, such as the case of Mali.
Under the Immigration and Nationality Act (INA), the Secretary can designate a country for TPS if the country is experiencing ongoing armed conflict, natural disaster, or other extraordinary and temporary conditions. Congress intended for TPS to serve as a humanitarian protection, allowing beneficiaries of a designated country to live and work in the United States without fear of deportation to life-threatening conditions. It is lifesaving, blanket protection, especially for those who are ineligible for or who have been denied asylum.
The Secretary’s decision to designate TPS is a discretionary decision, and there is no judicial review of any determination with respect to the designation.
The DHS can suspend certain regulatory requirements for F-1 students and issue Special Student Relief (SSR) benefits under emergent circumstances such as natural disasters, armed conflict and financial crises. F-1 students from countries experiencing such conditions face significant economic hardship. SSR allows students directly affected by the crises to apply for employment authorization to work off campus, be exempt from regular student employment requirements and reduce their course loads if needed.
So, the ongoing armed conflict and extraordinary and temporary country conditions place Malians at serious risk if returned. The Biden administration needs to urgently review country conditions and take necessary measures to protect Malian immigrants in the United States and provide an initial 18-month designation of TPS for Mali needs and designate Temporary Protected Status (TPS). And Due to these emergent circumstances, the Department of Homeland Security (DHS) must issue Special Student Relief (SSR) benefits to Malian students.
Mali has been experiencing conflict, political and economic instability, unrest, and a security crisis since the military coup in 2012. Despite being engaged in a democratization process since 1991, political tensions have defeated the constitutional democratic system, resulting in a coup in 2012 with some forward progress before another coup in 2020 and 2021.
Widespread human rights violations and abuses against civilians, including war crimes, have been attributed to armed groups, ethnic militias, government security forces and Russian mercenaries. Yet, the unfolding gross human rights violations and the ongoing conflicts have garnered little to no attention from the mainstream media or the international community, delaying the urgent protection Malians in the U.S. need and the and assistance Malians within Mali need.
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