(SOUTH FLORIDA) As immigration detentions rise across South Florida and several Temporary Protected Status designations move toward termination in 2025, immigration attorney Patricia Elizee says a narrow but real legal option may keep some long-time TPS holders from being deported: asking an immigration judge for a green card–related remedy through adjustment of status in immigration court, if they meet strict requirements and can prove deep family ties in the United States 🇺🇸.
Elizee said the option can apply to certain people whose TPS is expiring, or who have already been placed in removal proceedings, including some who are detained. To qualify, she said a person generally must show continuous U.S. residence for more than 10 years and have a qualifying close family member who is either a U.S. citizen or a lawful permanent resident—a parent, spouse, or child.
The relief is discretionary, meaning it is not automatic even for people who meet the basics. Elizee urged families to talk to a lawyer quickly, because two cases that look similar on paper can end differently once a judge reviews the facts.
Why the court-based path matters
TPS by itself does not become permanent status. It can protect people from deportation and allow work authorization, but it is time-limited and tied to a country designation. When a designation ends, the legal shield can fall away, and people who have lived in the United States 🇺🇸 for years can suddenly face detention or removal—even while they continue raising U.S.-born children and paying rent and taxes across Miami-Dade and Broward.
For a slice of the TPS population, immigration court may offer what TPS cannot: a judge’s review of a person’s full U.S. history and family connections rather than a simple “designation ended” outcome. This relief is often discussed in removal cases as cancellation of removal or a similar form of relief that can let a person stay and move toward permanent status if the judge grants it.
However, the bar is high. The process is stressful—especially for detained people who must gather records and family proof on short deadlines.
South Florida: a regional pressure point
South Florida has become a flashpoint into late 2025 as detentions continued at facilities families name with fear:
- Krome Detention Center
- The Everglades facility many call “Alligator Alcatraz”
- Miramar Immigration Center
Tens of thousands of TPS holders live in the region. Advocates and relatives say the detentions are household crises that spread through extended families, workplaces, and schools.
One widely cited case is Justo Betancourt, detained on October 29, 2025, at Miramar. His family says he needs eight daily medications plus insulin to treat diabetes and other conditions. Because Cuba repatriation is unavailable, his relatives say he faces potential deportation to Mexico instead.
“We pledge allegiance to the flag,” said his daughter Arianne Betancourt, adding that families like hers are asking the country to live up to “liberty and justice for all.”
Families have raised concerns about fear and medical neglect in detention, and lawyers note detention can make even strong cases harder—documents, affidavits, and witnesses are more difficult to secure when a person cannot freely meet with counsel and family.
TPS terminations and legal background (key dates)
Multiple TPS designations faced termination after 2025 reviews. Important dates and actions include:
- Nepal TPS ended August 20, 2025, following a Ninth Circuit ruling on August 20.
- Honduras and Nicaragua terminations were announced July 7, 2025, and the Ninth Circuit allowed those endings on August 20, 2025.
- Afghanistan TPS ended July 15, 2025.
- Cameroon TPS ended August 4, 2025.
- The situation for Haiti changed after DHS moved to terminate TPS following a post-July 1 notice.
The broader TPS population was described as about 1.3 million total holders as of March 31, 2025.
Ongoing lawsuits—such as Dahlia Doe v. Noem, Bhattarai v. Nielsen, and Ramos v. Nielsen—have paused some endings, but large numbers remain at risk. According to the material provided:
- Over 700,000 TPS holders are at risk of losing status by year-end.
- This includes 550,000 workers.
Who might qualify for the court-based option
Elizee outlined general qualifying criteria and practical realities:
- Basic eligibility often requires continuous residence in the U.S. for more than 10 years.
- A qualifying relative must be a U.S. citizen or lawful permanent resident (parent, spouse, or child).
- Relief is discretionary: judges evaluate cases on the whole record, weighing factors like family ties, hardship to U.S. relatives, and the person’s conduct.
- Detained individuals face higher practical hurdles to timely assemble evidence.
Documentation families commonly use includes tax records, leases, medical records, school records, affidavits, and other proof of continuous presence and relationships. Judges focus on credibility and completeness: a missing year of paperwork or a past arrest can become central to the case.
Practical steps and documentation
Elizee advised families not to wait until detention to start collecting records. Key practical recommendations:
- Gather long-term proof of residence and family relationships:
- Tax records
- Leases and rent receipts
- Medical records
- School records and birth certificates
- Affidavits from friends, employers, and community members
- Consult an immigration attorney early—two similar files can receive different outcomes.
- If TPS is still available, maintain it and pursue other options simultaneously.
The provided material notes that late re-registration may be allowed with a lawyer’s help.
Forms and government resources
For TPS-related filings with U.S. Citizenship and Immigration Services, applicants often use:
- Form I-821 for TPS: Form I-821
- Form I-765 for an employment authorization document: Form I-765
- Travel authorization is commonly requested through Form I-131: Form I-131
For general TPS information and country designations, see the official government page: Temporary Protected Status.
Warning: Travel without advance permission can add risk to immigration cases.
Other possible paths and caveats
The material mentions other routes some families explore, each with distinct rules and risks:
- Asylum
- Humanitarian parole processing (noting recent court rulings affecting CHNV and Uniting for Ukraine entrants)
- Deferred Enforced Departure (e.g., for select groups, including Hong Kong since January 15, 2025)
Elizee emphasized there is no one-size-fits-all fix. TPS holders often have mixed-status families, old entries, and complex records; a move that helps one person can harm another.
Why timing matters
Losing TPS can push people into removal proceedings faster than they expect. VisaVerge.com analysis highlighted that the most urgent change for many long-time TPS families is the speed at which status loss can lead to court action.
In South Florida, where detentions at Krome, the Everglades site, and Miramar are part of everyday conversation, Elizee said some of the most painful cases are those where a person had a possible defense in immigration court but did not learn about it in time to collect the proof an immigration judge would demand.
Key takeaways
- There is a narrow but viable court-based option for some long-time TPS holders to seek permanent status through an immigration judge.
- Eligibility typically requires 10+ years of continuous residence and a close relative who is a U.S. citizen or lawful permanent resident.
- Relief is discretionary, fact-specific, and often harder for detained persons.
- Families should collect records early, pursue TPS renewals while exploring court options, and consult an experienced immigration attorney promptly.
- Stay informed of deadlines and the status of relevant lawsuits and TPS designations—these affect who remains protected and who may enter removal proceedings.
With several TPS designations ending, attorney Patricia Elizee says some long-time TPS holders may pursue adjustment of status in immigration court. To qualify, applicants usually need over 10 years of continuous U.S. residence and a qualifying U.S. citizen or lawful permanent relative. Relief is discretionary and more difficult for detained individuals. Families should start collecting records, consult immigration counsel promptly, keep TPS current when possible, and track ongoing lawsuits and deadlines affecting eligibility.
