What Is Temporary Protected Status?
Temporary Protected Status (TPS) is granted to eligible individuals that are currently unable to safely return to their home country. This status is granted by the Secretary of the Department of Homeland Security (DHS). Reasons to grant TPS may include, but are not limited to:
- War or armed conflict in an individual’s home country
- Environmental disasters such as hurricanes, earthquakes, floods
- Unprecedented conditions, like an epidemic
- Political unrest
Temporary Protected Status provides individuals with protection from deportation and clearance to work in the United States. Individuals with TPS can legally live and work in the United States until the TPS designation expires.
Who Is Eligible For Temporary Protected Status?
Individuals that are nationals of a country with a TPS designation, have continuously lived in the U.S. since a specified date, and have not participated in criminal activity can qualify for Temporary Protected Status.
An individual from a country with a TPS designation must still file for status during the specified period and pay any fees incurred.
How Long Does TPS Last?
TPS can be granted to an individual for 6, 12, or 18 months. At least 60 days before a TPS designation expires, it is the Secretary’s (DHS) responsibility to either extend or discontinue the TPS designation after evaluating conditions in the foreign country in question. All judgments concerning TPS designations must be made public in the Federal Register. If no decision has been entered 60 days before the expiration date, the TPS is automatically extended another six months. Since status can be renewed indefinitely, there is no time limit for which an individual can have temporary protected status.
The History of Temporary Protected Status Designations
Temporary Protected Status was created by Congress in cooperation with the Immigration Act of 1990. For migrants unable to return home, TPS worked as an interim humanitarian solution. Those with TPS were able to legally live and work in the United States for an established period of time. The program was first offered to those seeking to escape El Salvador’s civil war.
Although President Trump promised to terminate several current TPS designations, President Biden has pushed to expand protections to include immigrants from Afghanistan and Ukraine. Biden has also proposed to update the current program to allow those with TPS a more clear path to citizenship.
As of February 2022, over 350,000 individuals were living in the United States with TPS. As of April 2022, nearly 150,000 more may be eligible for protected status according to the new designations.
Do TPS Designations Expire?
Temporary Protected Status is granted for 6, 12, or 18 months but can be renewed indefinitely. If a country’s conditions no longer warrant protection or if the United States determines that the country no longer meets the requirements for designation, a country’s TPS designation may expire.
When Temporary Protected Status expires, individuals revert back to their former immigration status. While TPS holders cannot be deported, an individual may be subject to removal once their status expires.
How to Avoid Deportation
If you suspect your Temporary Protected Status has expired or is expiring soon, it’s time to talk to an experienced immigration attorney. It’s important to explore all your options when discussing your future. Every circumstance is different, and there are several alternative forms of relief. Ask us about TSP, asylum, adjustment of status, or deferred enforced departure (DED). Like those with TPS, individuals with DED receive a work permit and stay of deportation but the program is dictated by foreign policy rather than legislation.
Can TPS Be Used as a Pathway to Citizenship?
Temporary Protected Status does not provide individuals with a pathway to citizenship, permanent residency, or a green card. Individuals with TPS seeking a more permanent status may want to apply for permanent residence if they are eligible. Once an individual’s TPS expires, they are no longer protected from deportation. For individuals that entered the U.S. without inspection, or those otherwise ineligible, there may be other ways to adjust their status.
At Laird Law, we’re experts in fighting unfair immigration tactics and removal proceedings. Contact our expert legal team today to see if TPS is right for you! We can guide you through the application process online or with an in-person consultation.
