The American Immigration Council defines Temporary Protected Status (“TPS”) as “a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for removal of their nationals to those countries.” This status designation has been lifesaving for individuals already in the United States when problems arise in their home countries that make their departure or deportation difficult and unsafe.
TPS was created in the Immigration Act of 1990. It is a temporary status given to nationals of specifically designated countries facing hardships such as ongoing armed conflict and environmental disaster. The status also comes with a work permit and stay of deportation to these foreign nationals. As of May 2021, approximately 320,000 TPS-designated individuals were residing in the United States.
When May a Country be Designated for TPS?
The Secretary of Homeland Security can designate a country for TPS for any of the following reasons:
- Ongoing armed conflict, including wars, poses a significant threat to the safety of returning nationals.
- Environment disasters, including hurricanes, earthquakes, and outbreaks, result in temporary but substantial disruptions of living conditions.
- Extraordinary and temporary conditions in the foreign country prevent its citizens from safely returning.
How Long do TPS Designations Last?
TPS designations can be made for 6, 12, or 18 months at a time. At least 60 days before the set expiration of TPS, the Secretary of Homeland Security will decide whether to extend or terminate the designation. If the decision to extend or terminate is not published at least 60 days before the expiration, the TPS designation automatically extends for six months.
Who Designates a Country for TPS?
The Secretary of Homeland Security has the power and discretion to determine when a country needs to be granted a TPS designation. However, the Secretary must also consult with other government agencies before deciding to designate a country for TPS.
Who is Eligible for TPS?
To qualify for TPS, a person must be a national of a TPS-designated country, be continuously physically present in the United States since the effective date of designation, have continuously resided in the United States since the date specified by the Secretary of Homeland Security, and not be admissible to the United States or barred from asylum for particular criminal or national security-related reasons.
Countries That Currently Have TPS Status:
- Burma (Valid through November 25, 2022)
- El Salvador (Extended until December 31, 2022)
- Haiti (Extended until December 31, 2022)
- Honduras (Extended until December 31, 2022)
- Nepal (Extended until December 31, 2022)
- Nicaragua (Extended until December 31, 2022)
- Somalia (Extended until March 17, 2023)
- South Sudan (Extended until May 2, 2022)
- Sudan (Extended until December 31, 2022)
- Syria (Extended until September 30, 2022)
- Venezuela (Valid through September 9, 2022)
- Yemen (Valid through March 3, 2023)
This list is provided by the American Immigration Council and is current as of September 2021.
What Happens to a TPS-Designated Individual When a TPS Designation Ends?
Once a TPS designation ends, the individual returns to the immigration status they held before receiving the status, unless that status has expired, or they have acquired a new immigration status.
Does TPS Provide a Path to Citizenship?
Receiving a TPS designation alone does not provide individuals with a separate path to lawful permanent residence or citizenship. However, a TPS recipient is eligible for permanent residence and can apply for the status just as other applicants would. To learn more about the process of applying for citizenship, you should speak with an immigration attorney. Contact Laizure Metz Legal Services at Christopher@laizuremetzlegal.com or (347) 625-7854.