Temporary protected status
Encyclopedia
Temporary protected status (also called "TPS") is a temporary immigration status to the United States, granted to eligible nationals of designated countries.
In 1990, as part of the Immigration Act of 1990
("IMMACT"), P.L. 101-649, Congress established a procedure by which the Attorney General
may provide TPS to immigrants in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict
, an environmental disaster
, or other extraordinary and temporary conditions.
On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296, authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS designations, was transferred from the Attorney General to the Secretary of Homeland Security. At the same time, responsibility for administering the TPS program was transferred from the former Immigration and Naturalization Service
(INS) to U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).
During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status (green card). When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an immigrant did not have lawful status prior to receiving TPS and did not obtain any other lawful status during the TPS designation, the immigrant reverts to unlawful status upon the termination of that TPS designation. TPS is not granted to persons that try to register after the first registration period ends, so if a person of a country that is currently under TPS did not register the first time TPS was assigned, then that person does not qualify for TPS.
Deferred Enforced Departure is an immigration status similar to TPS, and is currently active for Liberia
. Liberians previously were able to hold TPS status.
An immigrant is not eligible for TPS if he or she:
In 1990, as part of the Immigration Act of 1990
Immigration Act of 1990
The Immigration Act of 1990 increased the number of legal immigrants allowed into the United States each year. It also created a lottery program that randomly assigned a number of visas. This was done to help immigrants from countries where the United States did not often grant visas...
("IMMACT"), P.L. 101-649, Congress established a procedure by which the Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
may provide TPS to immigrants in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
, an environmental disaster
Environmental disaster
An environmental disaster is a disaster to the natural environment due to human activity. It should not be confused with the separate concept of a natural disaster.-History:...
, or other extraordinary and temporary conditions.
On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296, authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS designations, was transferred from the Attorney General to the Secretary of Homeland Security. At the same time, responsibility for administering the TPS program was transferred from the former Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
(INS) to U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).
During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status (green card). When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an immigrant did not have lawful status prior to receiving TPS and did not obtain any other lawful status during the TPS designation, the immigrant reverts to unlawful status upon the termination of that TPS designation. TPS is not granted to persons that try to register after the first registration period ends, so if a person of a country that is currently under TPS did not register the first time TPS was assigned, then that person does not qualify for TPS.
Deferred Enforced Departure is an immigration status similar to TPS, and is currently active for Liberia
Liberia
Liberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
. Liberians previously were able to hold TPS status.
Countries that are currently under TPS
- El SalvadorEl SalvadorEl Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
- HaitiHaitiHaiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
(Due to the earthquake2010 Haiti earthquakeThe 2010 Haiti earthquake was a catastrophic magnitude 7.0 Mw earthquake, with an epicentre near the town of Léogâne, approximately west of Port-au-Prince, Haiti's capital. The earthquake occurred at 16:53 local time on Tuesday, 12 January 2010.By 24 January, at least 52 aftershocks...
, Haitian nationals in the U.S. on January 12, 2010 may apply to remain for 18 months regardless of visa expiration) - HondurasHondurasHonduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...
- NicaraguaNicaraguaNicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
- SomaliaSomaliaSomalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...
- SudanSudanSudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
Countries Requesting TPS
- GuatemalaGuatemalaGuatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
as of early June 2010 - PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
as of early January 2011
Who qualifies for TPS
An immigrant who is a national of a country (or immigrant having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for TPS benefits if he or she:- Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation;
- Is not subject to one of the criminal, security-related, or other bars to TPS; and
- Applies for TPS within the specified time period. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program.
An immigrant is not eligible for TPS if he or she:
- Has been convicted of any felony or two or more misdemeanors committed in the United States;
- Is a persecutor, or otherwise subject to one of the bars to asylum; or
- Is subject to one of several criminal-related or terrorism-related grounds of inadmissibility for which a waiver is not available.