Congress established Temporary Protected Status, otherwise referred to as “TPS”,  as part of the Immigration Act of 1990 to provide humanitarian relief to non-U.S. citizens whose home countries were suffering from natural disasters, protracted unrest, or conflict. TPS is a Department of Homeland Security (DHS) program that allows migrants from designated countries to reside legally in the United States for a period of up to eighteen months, which the U.S. government can renew indefinitely. During that period, TPS holders are eligible for employment and travel authorization and are protected from deportation. The program does not include a path to permanent residency or U.S. citizenship, but TPS recipients can apply for those designations separately. 

The authority to grant a country TPS designation is held by the Secretary of Homeland Security, who can extend it indefinitely if they determine that conditions in the country prevent individuals from returning home safely.  The Secretary of Homeland Security has the discretion to decide when a country merits a TPS designation. The Secretary must consult with other government agencies prior to deciding to designate a country—or part of a country—for TPS. Although these other agencies are not specified in the statute, these consultations usually involve the Department of State, the National Security Council, and occasionally the Department of Justice (DOJ). The Secretary’s decision as to whether or not to designate a country for TPS is not subject to judicial review, according to immigration law.

 A country may be designated for TPS for one or more of the following reasons:

• An ongoing armed conflict, such as a civil war, that poses a serious threat to the personal safety of returning nationals;
• An environmental disaster, such as an earthquake, hurricane, or epidemic, that results in a substantial but temporary disruption of living conditions; or
• Extraordinary and temporary conditions in the foreign state that prevent its nationals from returning to the state in safety.

Once a country receives a TPS designation, any citizen of that country who is already physically present in the United States is eligible to apply for the TPS program provided they meet certain requirements set by United States Citizenship and Immigration Services (USCIS), which is a DHS agency. 

In order to qualify for TPS, an individual must:

• You must be a national of a country designated for TPS (or a stateless person who last resided in such a country);
• You must have been continuously present in the U.S. since the date specified for your country’s TPS designation; and
• You must meet certain eligibility criteria, including passing security and background checks.

TPS is temporary and subject to renewal or termination by the U.S. Department of Homeland Security (DHS).  A TPS designation can be made for 6, 12, or 18 months at a time. At least 60 days prior to the expiration of TPS, the Secretary must decide whether to extend or terminate a designation based on the conditions in the foreign country. Decisions to begin, extend, or terminate a TPS designation must be published in the Federal Registrar. Once a country’s designation expires, TPS beneficiaries return to the immigration status that the person held prior to receiving TPS, unless that status has expired or the person has successfully acquired a new immigration status. TPS beneficiaries who entered the United States without inspection and who are not eligible for other immigration benefits, for example, would return to being undocumented at the end of a TPS designation and become subject to removal.  Individuals with this status can apply for work or student visas, if eligible, although those are temporary. Individuals whose spouses or adult children are U.S. Citizens (USC) or Lawful Permanent Residents (LPR) could be eligible to stay in the country legally. TPS does not lead directly to permanent residence or citizenship. However, a TPS recipient who otherwise is eligible for permanent residence may apply for that status.  

Huff Law has extensive experience representing clients who are eligible for Temporary Protected Status (TPS). If you believe you are an eligible foreign national citizen of a designated country or a person without nationality who last habitually resided in a designated country, you should schedule a consultation with our office.

By Ekaterina Huff, Esq.