Policy & Research/Policy Brief/News/Immigration/TPS

Temporary Protected Status (TPS)
5 Things to Know

Hundreds of thousands protected by the program have accessed protections and security in the United States for many years, and contribute significantly to the workforce and the economy

Temporary Protected Status (TPS) offers work authorization and deportation protections for individuals in the U.S. who cannot safely return to their home countries. TPS is a critical program that provides many immigrants an opportunity to remain in the U.S. and work while conditions in their home countries remain unsafe for them to return. TPS also benefits the United States, providing important protections to families throughout communities and driving important contributions to the U.S. economy and workforce.

Current TPS designations are under severe scrutiny during the current Trump administration. For example, the administration has terminated the Venezuela (2023) designation, amended TPS for Haiti to an earlier end date, and has rescinded the Biden administration’s previous TPS extensions for Venezuela. 

Here are five key things you need to know about TPS today:

Most TPS holders have been living, working, and contributing to the U.S. economy for many years

FWD.us analysis shows that many TPS holders have been in the United States for a very long time, having set down roots, pursuing careers, building families, and integrating into American communities and society; in fact, TPS holders from El Salvador and Honduras, who make up a significant share of the current TPS population, have lived in the U.S. for an average of 29 years.

Many TPS recipients are deeply ingrained into American families and communities. For instance, FWD.us estimates that more than 580,000 U.S. citizens live in households with at least one current TPS holder, including some 260,000  U.S. citizen children. 

Most adult TPS holders are in the labor force. They hold more than 570,000 jobs in the U.S. workforce. TPS holders annually contribute some $21 billion in wages to the national GDP. And while many live in states with very large immigrant populations like Florida, Texas, California, and New York, several other states–New Jersey, Georgia, Virginia, Maryland, and North Carolina–are each home to thousands of TPS holders. Because TPS holders have established such deep roots, abruptly forcing them out of the workforce and country would impose harmful economic consequences on the U.S. as well.

2| Congress created TPS to protect and support immigrants in the U.S. while their home countries struggle with war, devastation, hunger, and chaos

Congress established TPS as part of the Immigration Act of 1990 to provide temporary reprieve from deportation and work authorization to certain immigrants who are unable to return to their home countries because of war, natural disaster, or other extraordinary circumstances.

According to the Department of Homeland Security (DHS), more than one million TPS holders from 16 countries live in the U.S. today. With recent TPS designations and redesignations, however, the number of individuals eligible for TPS, those who have not formally applied or been approved, is significantly higher. 

Many individuals protected by TPS have fled some of the most devastating natural disasters and armed conflicts of our time. The U.S. has protected them from deadly civil wars and natural disasters like Hurricane Mitch and devastating earthquakes.

The Secretary of the Department of Homeland Security can designate a country for TPS if there has been:

  • ongoing armed conflict
  • environmental disaster (like an earthquake, flood, drought, or epidemic), or 
  • some other extraordinary conditions that would not allow their nationals to return.

3| TPS has strict eligibility requirements including limited registration windows, cutoff dates, and background and security checks

TPS is a narrow set of temporary protections available only to a limited population, a far cry from any sort of sweeping “amnesty.” These protections are not granted automatically; the application process requires eligible individuals to apply, pay a fee, and undergo a background check.

Only people who have been continuously present in the United States since the date of designation (or re-designation) and who timely register with the government are eligible. Anyone who arrives after the date of designation cannot enroll, precluding any sort of incentive for further immigration. In addition, in order to avail oneself of a country’s temporary extension, current TPS holders must re-register with the government and again pay a significant filing fee for work authorization.

TPS holders cannot confer their TPS immigration status to family members abroad nor use their TPS as a basis for sponsorship, regardless of the crises they may face, and they cannot access most federal public benefits.

4| Many administrations of both parties have extended TPS protections

TPS has been an impactful and beneficial program since it was established 30 years ago, and has been widely used by Presidential Administrations, both Republican and Democratic. Since TPS was established, new TPS designations for countries were issued six times during the George H.W. Bush Administration, 10 times during the Clinton Administration, twice during the George W. Bush Administration, eight times during the Obama Administration, and nine times during the Biden Administration.

Source: Department of Justice, "Temporary Protected Status," https://www.justice.gov/eoir/temporary-protected-status.
1. These designations were previously terminated, yet court injunctions prevented terminations from taking effect, and DHS extended the validity of all TPS-related documents for beneficiaries of TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. DHS subsequently issued new designations for Haiti and Sudan; DHS has also rescinded the terminations for El Salvador, Honduras, Nepal and Nicaragua, and announced extensions for those countries.
2. Counts of redesignations and extensions include only formal redesignations and extensions of the TPS designation, but do not include automatic extensions of documentation or benefits
3. For countries with active designations, we have listed the date of termination as the date on which the most recent designation, redesignation, or extension is scheduled to expire. Please note that these dates could change if the designation is terminated, extended, or redesignated.

The Biden Administration announced TPS designations for multiple new countries, including Afghanistan, Burma, Cameroon, Ukraine, Venezuela, and a new designation for Haiti. 

TPS holders are crucial contributors to our economy, their communities and their families. Congress and the administration should do everything in their power to keep TPS holders safe by letting them remain and work in the U.S.

5| Most TPS holders do not have a pathway to permanent legal status, but Congress could change that

While the protections are intended to be temporary, conditions in many TPS countries have not yet improved enough to allow these individuals to return home, and the TPS holders have to stay in the U.S. continually to maintain protections. If the designations are terminated, most will not have any pathway to legal status in the country they have come to call home, and will face having to return or being put into deportation proceedings, separated from their jobs, their homes, and their U.S. citizen children. After two decades of working hard and following the rules, they deserve an opportunity to stay.

Congress must establish a legislative pathway for these long-standing residents to adjust to a permanent legal status and pursue citizenship. Such a pathway for TPS holders who have lived here for a long time would have been possible under the bipartisan comprehensive immigration reform bill passed by the Senate in 2013, as well as the American Dream and Promise Act, which passed the House of Representatives with strong bipartisan support in the 117th Congress but never received a vote in the Senate. That bill has now been reintroduced in the 119th Congress.

Further Reading

For more detailed background on Temporary Protected Status, check out these explainers from experts at the Congressional Research Service, the Migration Policy Institute, the American Immigration Council, or the National Immigration Forum.

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