As of March 2023, about 610,630 people from sixteen countries had Temporary Protected Status (TPS) in the U.S. This program gives a safe place to those who can’t go back home because of natural disasters, wars, or other big problems. With more people from Venezuela expected to join, the impact of TPS is huge.
TPS is a special program that lets people from certain countries live and work in the U.S. legally for up to eighteen months. They can renew this status as needed. It helps them stay safe and work until things get better back home.
Key Takeaways
- TPS is a temporary immigration status for people from countries facing disasters, wars, or big problems.
- By March 2023, about 610,630 people from sixteen countries had TPS, with 472,000 more from Venezuela waiting.
- TPS gives work rights and keeps people from being deported for up to eighteen months, with the chance to renew forever.
- Almost 93% of TPS holders are from Latin American countries like El Salvador, Haiti, and Venezuela.
- Ending TPS for Haitian, Honduran, and Salvadoran migrants in 2017 could have cost $967 million.
What is Temporary Protected Status?
Temporary Protected Status (TPS) is a program that helps people from countries in crisis stay in the United States. It shields them from being deported and lets them work. Some people can also get benefits like food stamps. The rules and benefits depend on where they come from.
Overview of TPS
TPS is run by the U.S. Department of Homeland Security (DHS). It gives relief to people from countries facing war, natural disasters, or other big problems. These individuals can live legally in the U.S. for up to 18 months, which can be extended.
Purpose and Eligibility Criteria
TPS aims to protect and give work rights to those who can’t go back home safely. To get TPS, you must be from a country with a TPS designation. You also need to have been in the U.S. since the crisis started and lived here continuously since a certain date.
- You can’t get TPS if you’ve been convicted of a felony or two or more misdemeanors in the U.S. You also can’t get it if you’re not allowed to enter the country as an immigrant or if you’re barred from seeking asylum.
- TPS doesn’t lead to permanent residency or U.S. citizenship. But, you can apply for those separately.
Reasons for TPS Designation
The United States may give a country Temporary Protected Status (TPS) for many reasons. These include ongoing armed conflict, environmental disasters, and extraordinary temporary conditions.
Ongoing Armed Conflict
A country gets TPS if it’s in the middle of a civil war or other armed conflict. This conflict threatens the safety of people who want to return. The U.S. sees that the country can’t safely take back its citizens right now.
Environmental Disasters
TPS can also be given to a country hit by a big environmental disaster. This could be an earthquake, hurricane, or epidemic. These disasters make living conditions very hard. The country can’t handle its citizens coming back safely.
Extraordinary Temporary Conditions
Lastly, a country might get TPS for extraordinary and temporary conditions. These conditions make it unsafe for citizens to return. The U.S. only lets them stay if it’s not against the U.S. national interest.
Today, about 610,000 foreign nationals have Temporary Protected Status (TPS) in the U.S. They come from 16 countries. Venezuela leads with 242,700 approved individuals, followed by El Salvador with 188,725, and Haiti with 116,505.
Granting and Renewing TPS
The Secretary of Homeland Security can decide to give Temporary Protected Status (TPS) to a country or part of one. They work with agencies like the Department of State and the National Security Council. The Secretary’s choice to give or renew TPS can’t be reviewed by courts.
Authority and Decision Process
The TPS designation process can last for 6, 12, or 18 months. Before TPS ends, the Secretary must decide to extend or end it. This decision is based on the situation in the foreign country. All decisions are made public in the Federal Register.
If a decision isn’t made 60 days before the end, TPS is extended for six months automatically.
Duration and Extension
The DHS authority to give and extend TPS duration is key for those needing temporary relief. The Secretary’s choices on TPS extension and TPS renewal help those facing hard conditions in their home countries.
Benefits of temporary protected status, TPS
For those with Temporary Protected Status (TPS), the benefits are huge. TPS keeps people from being deported and lets them work and live legally in the U.S. during tough times back home. TPS beneficiaries have labor force participation rates over 80%, adding about $31 billion to the GDP each year.
TPS also means you can travel back and forth with a special travel document since 2022. This lets them visit their home countries and come back to the U.S. But, they can’t get public aid just because they have TPS.
TPS affects more than just the people who get it. More than 900,000 U.S. citizens live with someone who has TPS, including over 400,000 U.S. citizen kids. If TPS ended, it would hurt not just the TPS holders but their families and communities too.
Ending TPS for El Salvador, Honduras, and Haiti would also hit the economy hard. It would cut the GDP by $45.2 billion over ten years and cost employers almost $1 billion in hiring new people. Stopping TPS would hurt the economy and fairness without giving a way to stay legally for the TPS holders.
Temporary Protected Status is a key support for people and families in crisis in their home countries. It gives deportation protection and a chance to live and work stably in the U.S. The big benefits of TPS show how important it is for helping vulnerable people and building strong communities.
Current TPS-Designated Countries
As of June 2024, the United States has named 16 countries for Temporary Protected Status (TPS). These countries are from Latin America, Africa, the Middle East, and Europe. The TPS program helps people who can’t go back home because of war, natural disasters, or other big problems.
Latin American TPS Countries
About 93% of TPS holders are from Latin America. Countries like El Salvador, Haiti, and Venezuela make up most of these people. They were added to the program because of the tough situations they face.
Other Regions
Other parts of the world also have countries under TPS. This includes Cameroon, Somalia, South Sudan, and Sudan in Africa, and Afghanistan, Syria, and Yemen in the Middle East. Ukraine is the only European country under TPS.
The ongoing TPS for these countries shows how important the program is. It gives temporary help and safety to people in dangerous situations at home.
Applying for TPS
People who want Temporary Protected Status (TPS) must follow a detailed application process. They need to send a formal application to the U.S. Citizenship and Immigration Services (USCIS). This application must be with the right documents. Knowing how to apply for TPS and what documents you need is key for a successful application.
Registration Process
To get TPS, you must send in Form I-821, Application for Temporary Protected Status, during the open period for your country. You’ll need to show your identity, nationality, when you entered the U.S., and that you’ve lived here continuously.
Required Documentation
The TPS application requirements ask for different documents, such as:
- Passport or other proof of identity and nationality
- Proof of when you entered the United States
- Proof that you’ve lived in the U.S. without leaving since the specific date
You also have to pay the application fees. Sometimes, you might need to get biometric data, like fingerprints, for the TPS documentation.
Getting legal help is a good idea when applying for TPS. This can help make sure you meet all the requirements and improve your chances of success.
Termination of TPS
When TPS ends, people go back to their old immigration status. This often makes them undocumented and at risk of being deported. But, there are ways for some TPS holders to stay legally in the U.S.
Eligible TPS recipients can apply for work or student visas if they qualify. Those with U.S.-citizen or legal-resident spouses or adult children might also have a way to stay. The end of TPS has led to legal to reverse the decision and protect TPS.
It’s important for TPS holders to know about the re-registration process and deadlines. For example, the re-registration for El Salvador’s TPS is from July 12, 2023, to March 9, 2025. Not re-registering without a good reason can lead to losing TPS, as per the Immigration and Nationality Act.
The end of TPS can greatly affect individuals and their families. It can cause loss of work authorization, deportation, and disrupt their lives in the U.S. It’s key for TPS holders to understand the TPS termination process and look into other legal options during this tough time.
Pathway to Permanent Residency
Temporary Protected Status (TPS) helps people from countries facing war, natural disasters, or other crises. It doesn’t directly lead to a green card or citizenship. The Supreme Court ruling has made it harder for TPS holders to stay in the U.S. legally.
Supreme Court Ruling
In June 2021, the Supreme Court said TPS holders who entered the U.S. without going through inspection can’t change their status to permanent residency from within. This changed the rules for some TPS holders who wanted to stay legally.
Alternative Options
If a TPS holder entered the U.S. without inspection, they must leave the country to get a visa. This can make it hard to come back for up to 10 years. Some TPS holders can change their status if they got permission to travel and were allowed back into the U.S.
After July 2022, some TPS holders might be able to change their status if they have a special travel document and go through customs when they return.
There are other ways for immigrants to stay in the U.S., like applying for asylum, getting different visas, or asking USCIS to review their case. They can also try to re-enter legally or seek help in removal proceedings.
Deferred Enforced Departure (DED)
Deferred Enforced Departure (DED) is like Temporary Protected Status (TPS) but comes from the president’s foreign policy. It doesn’t have specific rules like TPS does. Yet, DED holders get a work permit and can’t be deported, but they can’t travel abroad.
As of July 2024, three groups get DED: Liberian nationals, certain Hong Kong residents, and Palestinians. DED for these groups has different end dates and lengths. Liberia’s DED ends on June 30, 2026, and Hong Kong’s on February 5, 2025. Their work permits also get extended for these periods.
The Department of Homeland Security (DHS) has also extended TPS for 18 months for several countries. This includes Somalia, Yemen, Haiti, and others. This shows how important DED and TPS are for people who can’t go back home safely.
Conclusion
The Temporary Protected Status (TPS) program is a key humanitarian effort. It gives a safe place to those whose countries face big challenges like ongoing armed conflict, environmental disasters, or other big issues. Over 354,000 people now get help from TPS, showing its big impact.
Even though many support TPS, it has faced political debates. The last administration wanted to stop TPS for some countries. But, the current one wants to help more people with TPS and give them a chance for permanent residency. Yet, there are big legal and practical hurdles to overcome.
The TPS program shows the U.S. commitment to helping those in need. It gives people work rights, keeps them safe from being deported, and offers a temporary safe place. This has helped many individuals and families start over and make a difference in their communities. As TPS’s future is decided, it’s key to keep it open, welcoming, and focused on helping those in need.