Watch CBS News

New legal option may help some TPS holders avoid deportation as detentions continue in South Florida

On the eve of International Migrants' Day, immigration attorneys say some immigrants whose Temporary Protected Status (TPS) has expired, or is about to expire, may have another legal option to avoid deportation.

The guidance comes as families of people detained at South Florida immigration facilities continue to speak out, hoping to draw attention to what they describe as growing fear and uncertainty inside detention centers.

Immigration attorney Patricia Elizee said certain TPS holders may be eligible to seek legal status through immigration court, depending on their family ties and how long they've lived in the U.S.

"If you can prove that you've been here for more than 10 years, and that you have a family member who is a U.S. citizen or a green card holder, you may have the opportunity for a judge to issue you a green card," Elizee said.

She clarified that the qualifying relative must be a parent, spouse or child.

Elizee stressed that the process is discretionary and strongly recommends hiring an immigration attorney, as each case is decided by an immigration judge.

Families share plea to immigration detention centers

Tens of thousands of TPS holders live in South Florida.

As that message was being shared, more South Florida families are confronting the reality of detention.

Arianne Betancourt broke down while speaking about her father, Justo Betancourt, who is now being held at an immigration detention center.

"Papi, I love you, and I will do whatever it takes to fight for you," she said.

Betancourt said she and her father went to the Miramar Immigration Center on Oct. 29 when he was detained. She said he was later transferred to the Everglades detention site known as "Alligator Alcatraz." He is now at Krome Detention Center. 

When asked about her father's background, Betancourt acknowledged he does have a criminal record.

"A conspiracy charge from 12 years ago," she said. "He went to prison, served his time, and served his probation."

CBS News Miami checked a recently launched Department of Homeland Security database called "Worst of the Worst." Justo Betancourt's name does not appear on the list.

Betancourt said her father suffers from diabetes and other medical conditions and requires multiple medications daily.

"My dad requires eight medications a day, not including his insulin," she said.

She fears he could be deported to Mexico, since deportation to Cuba is not currently an option.

Standing outside the detention center, Betancourt addressed CBS News Miami's Ivan Taylor on the broader impact on families who grew up in the United States.

"All of us who grew up here woke up every day, went to school, stood in front of a flag, and said the Pledge of Allegiance, ending with 'liberty and justice for all.' We need to remember that it's liberty and justice for all," Betancourt said.

View CBS News In
CBS News App Open
Chrome Safari Continue