Growth Under Biden and Danger Under Trump

The Temporary Protected Status (TPS) program which temporarily protects migrants from deportation to countries in crisis and provides work authorization has grown under the Biden, whom some refer to as the “TPS President.” TPS is one of the few executive tools to provide work authorization without Congressional approval.

How Many Are Protected or Eligible for TPS?

1.6 million+

• As of March 2024 there are 863,880 TPS holders in the US.
• 486,418 applications for initial status or renewals are pending.
• Recent redesignations could add 320,300 more to the pool of people eligible for TPS.

TPS is back in the news.

Donald Trump will be sworn in as President on January 20, 2025. The incoming Trump administration has recently indicated uncertainty about whether it will cut or end the program in his second term.

During the first Trump administration the program was under attack like never before with terminations that put over 300,000 people at risk of deportation.

Past Legal Battles

Lawsuits in 2017 and 2018 blocked Trump’s initial attempts to terminate TPS for countries like Haiti and Sudan. Courts ruled that the terminations were discriminatory and lacked basis.

Uncertain Future

Legal challenges may delay or prevent terminations but they depend on what Trump does and the political climate. Even without premature terminations of existing TPS designations, Trump can simply not extend the existing country-specific designations, most of which will expire in 2025.

The future of TPS and the lives of over a million people are at stake.  If Trump’s plan goes through this could mean the deportation of hundreds of thousands of people who have built lives in the US. Many TPS holders have been here for decades, contributing to the economy and community. Over 2/3 of TPS holders have U.S. citizen children. Terminating TPS without alternatives would not only disrupt lives but also industries that rely on this workforce.

This guide explains the key issues, the growth, what’s next and what TPS holders can do to protect themselves.

What is TPS and Why is it Important?

History:

• TPS was created in 1990 by Congress and signed into law by President George H.W. Bush to address humanitarian crises, starting with Salvadorans fleeing civil war.
• Since then it has been used to protect migrants from:
  • Genocide in Rwanda.
  • Wars in Bosnia and Kuwait.
  • Natural disasters like the volcanic eruptions in Montserrat in the 1990s.

Past Terminations:

• TPS designations have ended when countries have stabilized like Bosnia and Kosovo. But many current designations are still critical because of ongoing crises.

When and Why is TPS Designated?

TPS allows immigrants from designated countries (17) to live and work in the US temporarily without fear of deportation when conditions in their home countries are unsafe.

A country can be designated for TPS for the following reasons:

• Armed Conflict:Ongoing conflicts like civil wars that pose severe risks to individuals.
• Environmental Disaster:
  Natural disasters like hurricanes, earthquakes or epidemics that cause significant disruption.
• Extraordinary and Temporary Conditions:
  Situations like political instability, extreme violence or humanitarian crises that prevent safe return.

Important Notes:

• TPS does NOT provide a path to permanent residency or citizenship.
• TPS holders CAN still apply for other immigration benefits or protections if they qualify.

Who Decides on TPS Designations?

The homeland security secretary has sole authority to designate, extend or terminate TPS for a country.

Decisions are made in consultation with agencies like the State Department and National Security Council.

Duration of TPS Designations:

• Designations are for 6, 12 or 18 months and can be extended if conditions persist.
• If no decision is published 60 days before expiration the designation is automatically extended for 6 months.

Who is Eligible for TPS?

Eligibility Requirements

To qualify for TPS you must:

1. Country Designation: Be a national of a TPS-designated country or a stateless person who last resided in such a country.
2. Continuous Presence: Have been physically present in the US since the designation date for your country.
3. Continuous Residence: Have lived in the US since the date specified for your country.
4. Timely Filing: File during the initial registration period or meet the late filing criteria.

Ineligibilities: You may not be eligible if:

• You have been convicted of any felony crime or two or more misdemeanors in the US.
• You are inadmissible based on specific immigration grounds such as criminal or security related issues.
• You do not meet the continuous physical presence or residence requirements.
• You are subject to the asylum bars such as persecution or terrorist activities.

Key Features:

• Date of Entry:  Only those who were in the US by a specific date are eligible.
• Renewable Status: Designations are for 18 months and are re-assessed for extensions.
• Manner of Entry:  How you entered the country – legally or otherwise – is not a disqualifier.
• Criminal/Immigration History:  Certain criminal convictions or immigration violations will make you ineligible unless you have a waiver.
• Not a Path to Citizenship: TPS does not provide a path to permanent residency or citizenship but temporary relief.
• Current Beneficiaries: Nearly 900,000 people from 17 countries including Haiti, Venezuela, Afghanistan, Sudan and Lebanon are protected by TPS.

Benefits of TPS

TPS offers several benefits to beneficiaries:

• Protection from Deportation: TPS holders are not removable while their status is valid.
• Work Authorization: TPS recipients can work in the US with an EAD.
• Travel Authorization: Recipients can travel internationally with advance parole.
• Integration: TPS beneficiaries can live and contribute to their communities without fear of deportation.

Where Are They?  Distribution of TPS Holders Across the US.

TPS holders are in all states but the largest populations are in:

• Florida: 295,720 TPS recipients.
• Texas: 93,680.
• New York: 67,840.
• California: 67,800.
• New Jersey: 31,480.

Their large and longstanding number shows their integration in US communities.

Florida Will Be Hit the Hardest

As President-elect Donald Trump prepares to take office again his threats to end TPS have reignited fears especially in his home state of Florida, the state that will lose the most. TPS is crucial for many living and working in the Sunshine State. Trump’s promise to terminate these protections will not only harm the individuals directly affected but also disrupt Florida’s communities and economy.

How Does TPS Work?

Step 1: Country Designation

The Secretary of Homeland Security determines which countries are eligible for TPS based on:

• Armed conflicts that affect civilians.
• Natural disasters that disrupt living conditions.
• Temporary but extraordinary situations like epidemics or political turmoil.

The decision to designate or redesignate a country is made in consultation with other agencies like the Department of State and National Security Council.

Step 2: Registration

Foreign nationals from designated countries must:

• File the I-821 Application and I-765 Work Authorization during the registration period.
• Be a national of a TPS designated country or a stateless person who last habitually resided in such a country
• Be physically present in the US since the date of designation.
• Pay application and biometric fees (or request a fee waiver).

Step 3: Benefits

If approved TPS recipients are:

• Not removable.
• Eligible for an EAD.
• Can apply for advance parole through Form I-512T

Expiration and Renewal of TPS

TPS designations are reviewed and extended based on country conditions:

• The Secretary of Homeland Security must decide on the extension 60 days before expiration.

Extensions only apply to individuals who already have TPS; new applicants need a redesignation

What Does TPS Offer?

TPS offers benefits to give individuals a sense of security and opportunity while their countries are in dire conditions.

Core Benefits:

1. Protection from Deportation:
   TPS holders are not removable while their status is valid.
2. Work Authorization:
   TPS holders can get an EAD to work in the US.
3. Travel Authorization:

• TPS specific travel documents allow holders to travel internationally and reenter the US.
• Form I-512Treplaced advance parole for TPS holders in 2022.

Challenges for TPS Holders

Perpetual Uncertainty

TPS does not offer a pathway to permanent residency or citizenship unless pursued through other legal means. Most are stuck in limbo.

• TPS designations are 18 months, after which DHS must re-evaluate the country conditions.
• Recipients must reapply each time, often with delays in work permit processing
• TPS holders are not eligible for public benefits based on their TPS status.

Registration and Re-Registration Hurdles

• TPS applicants must:Apply during limited registration periods.Pay significant fees for initial registration, work permits and re-registration.Reapply every time the designation is extended, even after 20+ years of residency.

Barriers to Family Reunification

• TPS holders cannot use their status to sponsor family members. They cannot confer TPS protections to their relatives abroad, even in life or death situations

Legislative Gridlock

Advocates urge for legislative solutions to provide long term stability for TPS holders. Congressional action is needed to create a direct path to green cards for TPS holders but progress has been slow.

Vulnerability to Policy Changes

TPS is at the mercy of the administration in power, making the status precarious.

Myths About TPS

“It’s Amnesty.”

• Critics call TPS amnesty but it’s not. It does not offer permanent residency or citizenship.
• It’s a temporary solution that has ended for several countries when conditions improved.

“Migrants Exploit TPS.”

• TPS was created through legislation, not a loophole.
• Protections can’t be arbitrarily revoked. The law requires a thorough review of country conditions to determine eligibility.

History of TPS

Extended Voluntary Departure (EVD)

• Historical Role: Extended Voluntary Departure (EVD) is the Ppredecessor to TPS, used before the Immigration Act of 1990.
• Transition: Replaced by TPS to formalize protections.

Expired TPS Designations

• Angola (Expired March 29, 2003): Post civil war stabilization.
• Bosnia-Herzegovina (Expired February 10, 2001): Conflict resolution efforts.
• Burundi (Expired May 2, 2009): Post civil unrest.
• Guinea (Expired May 21, 2017): Post Ebola outbreak.
• Liberia (Expired May 21, 2017): Post Ebola crisis.
• Montserrat (Expired August 27, 2004): After volcanic disaster.

Why DOES TPS Matter?

Humanitarian Need

• TPS is a lifeline for individuals fleeing life or death situations. Deporting them back to unsafe conditions could be catastrophic.
• TPS shows the US commitment to providing shelter to those affected by global crises.
• Countries like Turkey, Colombia and the European Union offer similar protections, global solidarity during humanitarian emergencies.

US Leadership in Crisis Response

• By maintaining and expanding TPS the US will be a global leader in addressing displacement caused by wars, climate change and economic instability.

Benefits to US Economy:

• As shown below, TPS recipients are part of many industries and contribute billions in taxes annually. TPS recipients contribute to industries like healthcare, education, construction and manufacturing, to address labor shortages.
• Work authorization through TPS benefits both immigrants and US employers
• Labor Force Participation: Nearly 90% of TPS holders are employed, much higher than the national average
• Ending TPS will hurt local economies, exacerbate labor shortages and disrupt industries that rely on migrant workers. In Springfield, Ohio auto manufacturers employ TPS recipients from countries like Venezuela and Haiti.

Criticism and Advocacy

Critics of TPS:

• Some say TPS has become de facto permanent status for recipients undermining its original purpose as a temporary solution.
• Critics like Ira Mehlman of FAIR say the system only works if people are sent back once crises subside.

Advocates for TPS Holders:

• Immigration advocates point out the ongoing crises in countries like Haiti and say deporting people to unsafe conditions is inhumane.
• Efforts to create a pathway to permanent residency for long time TPS holders are gaining traction but are being blocked in Congress.

Which Countries Are Under TPS?

As of this writing, the following 17 countries are designated for TPS:

• Afghanistan: Extended until May 20, 2025 due to ongoing instability and security concerns.
• Burma (Myanmar): Valid through November 25, 2025, addressing the severe political and humanitarian crises following military rule.
• Cameroon: Extended until June 7, 2025 due to violent conflicts and humanitarian crises.
• El Salvador: Extended until March 9, 2025, recognizing prolonged safety challenges stemming from crime and economic instability.
• Ethiopia: Valid through December 12, 2025, owing to conflict and famine.
• Haiti: Extended through February 3, 2026, with worsening political unrest and gang violence.
• Honduras: Extended until July 5, 2025, addressing the impacts of poverty, corruption, and climate disasters.
• Lebanon:  Extended until May 27, 2026, due to longstanding humanitarian needs exacerbated by an escalation of armed conflict.
• Nepal: Extended until June 24, 2025, following the 2015 earthquake’s lasting effects.
• Nicaragua: Extended until July 5, 2025, due to political instability and natural disasters.
• Somalia: Extended until March 17, 2026, given prolonged armed conflict and insecurity.
• South Sudan: Extended until May 3, 2025, in light of ongoing civil conflict.
• Sudan: Extended until April 19, 2025, reflecting continued violence and instability.
• Syria: Extended until September 30, 2025, owing to the civil war and humanitarian crisis.
• Ukraine: Extended until April 19, 2025, following Russia’s invasion and ongoing war.
• Venezuela: Extended until April 2, 2025 (September 10, 2025 for those who applied under Re-Designation), citing political turmoil and economic collapse.
• Yemen: Extended until March 3, 2026, due to the devastating civil war and famine.

 

Recent Growth of TPS:

• As of fall 2024 over 860,000 are under TPS—double the number from 4 years ago.
• Nearly 50% more are eligible but haven’t applied
• Hundreds of thousands have applied and are waiting for approval.

Specific TPS Groups at Risk Under Trump

Haiti, Venezuela and El Salvador make up the majority of the TPS population and the most likely Trump targets.

Haitians (200,005 TPS holders):

• Trump has labeled Haitian immigrants as “animals” and vowed to end their protections.
• 2010 Earthquake: TPS was granted to Haitians after the 2010 earthquake which left the country unable to absorb returnees.
• Ongoing Instability: Renewals have been granted due to gang violence, political turmoil and economic collapse. The Federal Aviation Administration prohibited U.S. airlines from landing in Haiti for 30 days due to safety issues involving the international airport.
• Current Status: Haitian TPS holders have protections until February 2026, approximately 200,000.

Venezuelans (472,000 TPS holders)

Mass Displacement: Venezuela’s political and economic collapse has forced 7.7 million to flee the country.

A Lifeline for Families: For migrants like Maribel Hidalgo who fled with her infant son, TPS is a lifeline and hope.

Current Status: Venezuelan TPS holders have protections until April 2, 2025 or September 10, 2025 (for re-designated), approximately 470,000. The Biden administration announced Venezuelans would receive Temporary Protected Status (TPS), providing legal protection to individuals from unsafe homelands.

Salvadorans (198,000 TPS holders):

TPS for El Salvador has been in existence for over 23 years, since 2001.

Current Status: Salvadoran nationals have protections until March 9, 2025, impacting about 200,000.

Migrant Stories: Lives in Limbo

Hidalgo’s Journey:

• Maribel Hidalgo crossed the Darien Gap and Mexico to get to the US with her infant son. For her TPS is a thin lifeline to safety. Her fear:
  

  “After everything I went through with my son to get to this country, they’ll send me back again.”

Who else is losing TPS protections?

Neary 1.6 million people in the US are eligible for TPS. Of this number, 860,000 have TPS, 486,000 are pending and 320,000 are eligible but not yet applied.

Deeply Rooted in the US: Many TPS holders have been in the US for decades, have raised families and contributed to their communities.

Below is the breakdown of those who have TPS, by country and TPS designation date.

Country	TPS Designation Date	Estimated Beneficiaries
Afghanistan	2022	76,000
Cameroon	2022	39,000
El Salvador	2001	198,000
Ethiopia	2022	31,000
Haiti	2010, 2021	200,000
Honduras	1999	60,000
Lebanon   2024 Myanmar	2021	1,600
Nepal	2015	14,500
Nicaragua	1999	4,500
Somalia	1991, 2023	430
Sudan	1997, 2022	3,700
South Sudan	2011, 2023	370
Syria	2012, 2023	7,500
Ukraine	2022	60,000
Venezuela	2021	472,000
Yemen	2015	1,600

13 TPS Countries will expire in 2025

TPS for 13 of these countries will expire in 2025, Haiti, Somalia and Yemen’s will expire in 2026 unless extended.

DED: Also At Risk of Losing Protection

TPS is often compared to Deferred Enforced Departure (DED):

• TPS: Authority comes from legislation.
• DED: Based on the president’s foreign policy discretion.

Like TPS, those temporarily protected from deportation and granted temporary work authorization under the Deferred Enforced Departure (DED) program are also at risk of being cut or eliminated by Trump.

What is DED?

Like TPS, DED offers temporary protection from removal for individuals who meet specific eligibility criteria established by presidential directives. It does not grant lawful immigration status:

• Those covered by DED cannot be deported during the designated period.
• They may qualify for employment and travel authorization based on the terms of the directive.

Trump used DED to protect 145,000 Venezuelans for 18 months towards the end of his presidency

Eligibility for DED

Each directive outlines the eligibility criteria which may include:

• Nationality of designated country
• Residency in the United States before a specified date.
• Continuous presence in the United States during the covered period.

Exceptions

Individuals may be excluded from DED protections for:

• Criminal activity
• Security risks

The Numbers

The population of DED Holders is much smaller than that of TPS:

• Liberians: 3,600
• Palestinians: 6,000
• Lebanon: 11,000
• Hong Kong: 2,800

Palestine and Hong Kong DED Will Expire in 2025.

Palestine and Hong Kong will expire in 2025. Liberia and Lebanon will expire in 2026.

Summary of Current DED Coverage

Country	Effective Date	DED Valid Through	EAD Extended Through
Lebanon	July 26, 2024	January 25, 2026	N/A
Liberia	October 1, 2007	June 30, 2026	June 30, 2026
Hong Kong	August 5, 2021	February 5, 2025	February 5, 2025
Palestine	February 14, 2024	August 13, 2025	August 13, 2025

Trump’s Immigration Target:  TPS

What Trump Recently Said:

• Trump has said he willterminate TPS, calling it a program that should be ended. Trump has promised to stop “mass grants” of TPS and terminate existing protections, has said explicitly that Haitians and Venezuelans under TPS will be deported
• In an interview with NewsNation about Springfield, Ohio where thousands of Haitians live, Trump reiterated his promise to end TPS for Haitian migrants saying:
  

  “Absolutely, I’d revoke it and bring them back to their country.”

Controversy Surrounding Springfield:  Misinformation Campaign

• Trump’s campaign rhetoric on Haitian migrants in Springfieldhas been widely panned for spreading lies.
• During a debate with Vice President Kamala Harris, Trump claimed Haitian migrants were:
  

  “eating their neighbor’s pets”

  —a completely false and incendiary statement that led to bomb threats against local schools.

• He said the migrants are:
  

  “not here legally” and must be removed.

• Trump spread unfounded and disputed claims, such as Venezuelan gangs taking over neighborhoods in Aurora, Colorado and TPS holders eating pets—statements that spread fear and misinformation.
• He said:
  

  the Haitian migrants in Springfield “don’t work”

  and

  “you have to remove the people; we can’t destroy our country.”

Springfield Impact:

• About 15,000 Haitian migrants have resettled in Springfield in recent years according to the Associated Press. The community has grown and diversified as a result.

Unanswered Questions:

• When asked how he would handle Haiti’s refusal to take back deportees, Trump said:
  

  “They will. If I bring them back, they’ll receive them.”

JD Vance Support:

• Vice President-elect JD Vance echoed this, saying TPS is overused and no longer temporary and we need a stricter approach to TPS and humanitarian parole. At an Arizona rally he railed against:
  

  “mass grants of Temporary Protected Status”

• Vance amplified these lies on social media and continues to defend the rhetoricsaying:
  

  “I’m going to keep talking about what the migrants have done to Springfield, Ohio.”

Local and National Pushback:

• Vice President Kamala Harris asked Trump to stop, saying:
  

  “Regardless of someone’s background, their race or geographic location, people are troubled by what’s happening in Springfield, Ohio and it’s got to stop.”

• Critics say Trump’s focus on Springfield is divisive and takes attention away from the bigger problems in the immigration system.

Previous Attempts to End TPS as President:

During his first term, former President Donald Trump ended TPS for Haiti, El Salvador, Nicaragua, and Sudan, covering over 300,000 people, citing improved conditions in their home countries.

His administration said conditions in countries like Haiti had improved enough to end the designations—despite the crises.

Legal battles ensued and terminations were delayed. The Ninth Circuit upheld some rescissions and others were extended by the Biden administration.

Project 2025:

The Heritage Foundation’s “Project 2025” which has ties to Trump team leaders outlines a plan to end TPS, calling it a program that encourages illegal immigration.

The plan calls for a big rollback of TPS designations. It wants Congress to repeal existing TPS designations so people from countries like Afghanistan, El Salvador, Haiti and Venezuela have to go home no matter what’s happening back home.

And Project 2025 also wants to limit the discretion of the Department of Homeland Security on programs like TPS to stick to statutory limits and reduce the availability of these humanitarian protections.

What Could Change Under Trump in 2025:

Broader Hardline Policies:

Ending TPS is part of a bigger immigration crackdown:

• Mass deportations of undocumented individuals (11 million people in the U.S.).
• Building massive detention centers to hold deportees
• Ending DACA and humanitarian parole.
• Ending birthright citizenship.
• Restarting the U.S.-Mexico border wall.

Key Appointments:

• Stephen Miller:A hardline immigration advisor who was behind family separations during Trump’s first term, now deputy chief of staff for policy.
• Tom Homan:Former head of Immigration and Customs Enforcement (ICE) who led the family separation policy, now “border czar”

Targeting Non-Criminals:

• Despite claims to focus on “criminal aliens” analysts say logistical realities will force enforcement agencies to target the easiest to find which will be long term residents with no criminal records.

TPS Is Targeted

The second Trump term will focus on terminating newer TPS designations and not renewing older ones that will expire in 2025.

Legal Pathways to TPS Termination:

• DHS can let TPS designations expire or not renew them.
• If confirmed Trump’s pick for DHS Secretary Governor Kristi Noem will lead the charge to terminate TPS designations.
• Revoking a designation before its expiration is unprecedented and legally complicated. Federal regulations require 60 days notice and proof that conditions in the home country have improved.

The Devastating Effects of Ending TPS

1. Humanitarian Impact

• Loss of Protections: Without TPS recipients would lose legal work authorization and be deported to countries still in crisis.
  • Many TPS beneficiaries have lived in the U.S. for decades, have families and contribute to society.
  • Deporting individuals to dangerous conditions is against U.S. values and international law.
  • Deporting migrants to unstable, violent countries could be deadly.
  • Example: Haiti is experiencing gang violence, civil unrest and extreme poverty. Forcing deportees into such conditions may be a violation of human rights.
• Family Separation: Deportation would uproot lives and separate families. Over 2/3 of TPS holders have U.S. citizen children, creating the potential for widespread family disruption. Families, including over 300,000 U.S.-born children of TPS holders would be separated.

2. Economic Consequences of TPS Cancellation:

Terminating TPS protections, revoking work permits and deporting millions of long term workers would devastate the U.S. economy as follows:

Labor Shortages

• Industry Disruption/Labor Shortages: TPS holders work in industries such as agriculture, construction, caregiving and hospitality. Removing them would exacerbate workforce shortages. Studies show that without immigrants and their children U.S. labor force growth would have been zero over the past five years.
• Labor Force Participation: Over 90% of TPS holders are working, much higher than national averages.
• Employers Unprepared. While Trump’s efforts to end TPS have raised employer awareness, many industries are not ready for the loss of this workforce.
• Employer Costs: Deporting TPS holders would cost employers $1 billion in turnover and re-hiring costs.

Essential Workforce:

• 130,000 TPS holders are critical infrastructure workers, supporting economic recovery during crises like the COVID-19 pandemic

Reduced Consumer Spending

• Spending Power: After taxes TPS households had $8 billion to spend on housing, retail, healthcare and more.

Decline in GDP

• TPS holders contribute $4.5 billion annually from workers in healthcare, construction and food services.
• Over 10 years their removal would be $45 billion in lost GDP
• Mass deportations would reduce GDP by 4.2% to 6.8% according to the American Immigration Council.

Job Loss for Americans:

• Job Losses: For every 1 million unauthorized immigrant workers deported 88,000 U.S. born workers would lose their jobs, according to the Peterson Institute for International Economics.

Decline in Social Security and Medicare

• Contributions to social security and medicare would decrease by $6.9 billion over the next 10 years

Additional Costs to Government

• Increased Enforcement Costs: Ending TPS will require significant government spending on enforcement including:
  • Arrests, detentions and deportation.
  • Operating detention centers where deportees may be held for extended periods due to logistical challenges.
  • Deportation logistics.
  • Deporting TPS holders from El Salvador, Honduras and Haiti would cost taxpayers $3 billion in deportation costs

Growth of the Undocumented Population

• Stripping TPS protections would add to the 11 million already undocumented in the U.S.
• Counterproductive Outcome: Migrants without TPS are less likely to leave the U.S. and will add to the undocumented population and strain enforcement resources.
• Remittances sent by TPS holders to their home countries ease economic pressures that drive migration.

Harming Community

• TPS holders support schools, churches and civic organizations, are part of U.S. communities.

Destabilizing Countries of Origin:

• TPS recipients send remittances home, lifelines to struggling families and economies.
• Deporting thousands to unstable countries will worsen humanitarian crises and increase migration pressure on U.S. borders.

For Immigration Policy:

• TPS is one of the only tools we have to manage humanitarian crises without comprehensive immigration reform.
• The uncertainty of TPS highlights the need for long term solutions to temporary status.

Elena’s Request:

• Elena, a Nicaraguan who has lived in the U.S. for 25 years, wants a new TPS designation before Biden leaves office:
  

  “Not in January. Not in December. Now.”

Challenges to Ending TPS and Deporting 1.6 Million

Legal and Logistical Challenges

Can Trump End TPS?

Federal regulations allow TPS designations to expire or be renewed but revoking them before expiration is legally complicated and unprecedented.

Legal Hurdles:

• Past Court Interventions: Trump’s previous attempts to end TPS for Haiti, Sudan and El Salvador were blocked by courts. Attorney Ahilan T. Arulanantham who challenged those efforts expects more legal battles under Trump.
• Legal challenges will delay or block any sudden termination of the program.
• Previous attempts to end TPS for countries like Haiti, Sudan and El Salvador were blocked by courts, citing discriminatory motives and lack of justification.
• Protections can’t be taken away arbitrarily. DHS must show conditions in a country no longer meet TPS criteria. Critics argue in many cases like Haiti conditions have gotten worse not better.
• Future lawsuits will delay or stop Trump’s plans.

Logistical Challenges:

• Deporting 1.6 million TPS holders will require significant resources, coordination with home countries and diplomatic agreements.
• Many of the affected have lived in the U.S. for decades, and will have due process rights to seek protection under asylum or cancellation of removal, or other protections available in immigration court, making deportations harder.
• Countries like Venezuela and Afghanistan may not accept deportees complicating removal efforts.
• Deporting 1 million people is a huge undertaking that involves:
  • Negotiating with home countries to accept deportees.
  • Coordinating transportation and reintegration plans for migrants returning to dangerous environments.
  • Deportees will languish in detention for months due to bureaucratic and diplomatic delays.
  • Many countries like Syria and Venezuela don’t have the infrastructure to absorb returnees.

Political Opposition:

• Advocates and organizations are mobilizing to protect vulnerable populations and push for comprehensive immigration reform.
• Immigration advocates say sudden termination will violate recipients’ due process and civil rights

What Can TPS Holders Do to Protect Themselves?

Losing TPS status can be scary and confusing but there are options for those who want to stay in the U.S. legally. Here’s a step by step guide to help you understand your options

1. Keep or Use an Existing Legal Status

If you have another legal status besides TPS you can stay in the U.S. as long as that status is valid or case is pending. TPS does not cancel or replace any other legal status you may have.

Examples of Dual or Pending Status:

• Pending Asylum Applicants: If you applied for asylum before or after TPS you can stay in the U.S. until your asylum application is decided. But if your asylum application is denied after TPS ends you could be deported.
• F-1 Student Visa Holders: If you have an F-1 visa and have been in compliance with its terms you can continue studying after TPS ends. But working under TPS work authorization without following F-1 employment rules will invalidate your student visa.

What to Do:

• Review Your Status: Check the validity and terms of your other legal status.
• Consult a Professional: Talk to an immigration attorney to make sure you’re in compliance with all conditions.

2. Apply for Asylum if You Fear Going Back to Your Country

Asylum is protection given to individuals who face persecution based on race, religion, nationality, political opinion or membership in a particular social group.

Asylum Key Points:

• Legal Protection: Filing for asylum allows you to stay in the U.S. while your case is processed.
• Work Authorization: After 1 year without a decision on your case you can apply for a work permit.
• Pathway to Permanent Residency: If you’re granted asylum you can apply for a green card after 1 year.

Important Notes:

• 1 Year Deadline: Asylum applications must be filed within 1 year of entering the U.S. or reasonable time after TPS ends.
• Eligibility: If you were in the U.S. more than 1 year before getting TPS your asylum eligibility may be limited.

How to Apply:

Fill out Form I-589 and file with U.S. Citizenship and Immigration Services (USCIS).

Gather evidence to support your claim, including documents of the threats or harm you face in your country.

Consult an immigration attorney to help you through the asylum process.

Green Card Through Asylum

Eligibility:

If you are granted asylum, you can apply for green card after one year.

File Form I-485 to adjust status.

Provide proof of asylee status and meet admissibility requirement

3. Change to a Nonimmigrant Visa

Many nonimmigrant visa categories are available for those who qualify, such as studying or working in the U.S.

Common Nonimmigrant Visas:

• F-1 Visa: For students enrolled in a U.S. accredited educational institution.
• H-1B Visa: For professionals sponsored by a U.S. employer.
• O Visa: For individuals with extraordinary ability in fields like science, art or business.

Challenges for TPS Holders:

• “Admission” Requirement: USCIS does not consider TPS as a legal admission to the U.S. which is often required to change status in the U.S.
• Employer Sponsorship: Many work visas require a job offer and employer petition.

Options if Ineligible for In-Country Change:

• You can leave the U.S., apply for a nonimmigrant visa at a U.S. consulate abroad and come back. But leaving carries risks so consult an attorney before doing so.

4. Permanent Residency (Green Card) Through Family

If you qualify you can apply for a green card through various ways including family sponsorship or employment.

Family-Based Sponsorship

If you have close family ties to a U.S. citizen or lawful permanent resident you may qualify for a green card through family-based immigration.

• Family-Based Sponsorship
  • Immediate Relatives: Spouses, parents or unmarried children under 21 of US citizens can adjust status without INA § 245(c) bars.
  • Extended Family: Other family-based petitions (e.g. siblings, children over 21) require visa availability and lawful status.
  • Entry: Those who entered the US without inspection may have barriers unless they qualify for travel and re-entry procedures.
• Apply:
  • The U.S. citizen relative files Form I-130 (Petition for Alien Relative) on your behalf.
  • After approved, adjust status if eligible or apply for an immigrant visa abroad.
• Considerations:
  • If you entered the U.S. without inspection you may need to leave the country and apply for a waiver to reenter.

Marriage to a U.S. Citizen

Marriage to a U.S. citizen is one of the fastest ways to get a green card.

• Process:

• Your U.S. citizen spouse filesForm I-130 (Petition for Alien Relative).
• You File Form I-485 (Application for Adjustment of Status) if you entered the U.S. legally or reentered with advance parole.
• Attend an interview with your spouse to verify the marriage (interviews are sometimes waived)
• Processing Time: 10-13 months.

Key Points:

• USCIS will require proof of a real marriage. Examples are joint bank accounts, lease agreements and photos together.
• Those guilty of entering a fake marriages to obtain an immigration benefit have committed a felony, those cases will be denied, and all involved may face 5 years in jail and/or $250,000 in fines.
• Key Benefits:
  • No visa backlog for immediate relatives of U.S. citizens.
  • Adjusting status in the U.S. can make the process easier if eligible.

If Your Spouse Is a Green Card Holder

• The process involves:
  • Filing Form I-130 and waiting for visa availability.Once a visa number is available, you can file Form I-485 if your TPS is still valid.
  • Consular Processing: If your TPS expires before a visa is available, you may need to apply for green card at a US embassy or consulate.

Supporting Documents for Marriage-Based Adjustment of Status

• Marriage-Based Applications (Form I-130 & I-485)
• Proof of your spouse’s US citizenship or green card (e.g. passport, birth certificate).
• Marriage certificate.
• Proof of a real marriage, such as:
• Joint financial documents (e.g. bank accounts, tax returns).
• Photos together.

5. Permanent Residency (Green Card) Through Employment

Employment-Based Sponsorship

Employers can sponsor TPS recipients for visas and green card if they qualify.

• US employers can sponsor TPS holders for certain employment-based green cards
  • Skilled Workers and Professionals: Under employment-based preference categories (e.g. EB-1, EB-2, EB-3).
  • Unskilled Workers: For jobs that don’t require specialized training

Eligibility

You must:

• Have a US employer willing to sponsor you for a green card.
• File Form I-140 (Immigrant Petition for Alien Worker).
• Wait for visa availability to file Form I-485.

Key Steps

• Employer files a labor certification with the Department of Labor.
• Employer files Form I-140 (Immigrant Petition for Alien Worker) along with:
  • Labor certification from the Department of Labor.
  • Proof of your qualifications for the job.
  • Evidence of the employer’s ability to pay the offered wage.
• Once approved and your visa number is current, file Form I-485 to adjust status in the U.S., or apply for an immigrant visa abroad.

Supporting Documents

• Employment verification letter.
• Educational credentials or certifications.
• Department of Labor-approved labor certification (if required).
• Proof of employer’s ability to pay your wages.

Challenges:

• Sponsorship is employer-driven and jobs must meet eligibility criteria.
• Can take years depending on visa availability.
• Requires proof of lawful admission or parole.
• TPS holders who entered without inspection must resolve this issue through advance parole travel or consular processing.
• No more than 6 months of unlawful status since last entry and prior to filing I-485.

6. Special Victim-Based Visas

If you are a victim of certain crimes or trafficking you may be eligible for:

• U Visa: For victims of crimes who cooperate with law enforcement (can lead to green card)
• T Visa: For victims of human trafficking (can lead to green card)
• VAWA:  If you are or were married to a US citizen or Permanent Resident and you suffered spousal abuse (physical or mental) you may be eligible for a VAWA green card.

7. Defend in Immigration Court

If your TPS ends and you have no status the government may start deportation proceedings. In that case you can defend yourself in front of an immigration judge.

Common Defenses:

1. Asylum or Withholding of Removal: Protection based on fear of persecution or torture in your home country.
2. Cancellation of Removal:

• Available if you have lived in the U.S. for at least 10 years and can prove that deportation would cause “exceptional and extremely unusual hardship” to a U.S. citizen or permanent resident family member.

3. Deferred Action: Ask the judge for temporary protection due to extraordinary circumstances.

Risks:

• Cancellation of removal is risky as it’s hard to convince a judge of the required hardship. Similarly asylum is risky as it is difficult to persuade most judges that an invididual is likely to face persecution if returned to the home country.

8. Check for U.S. Citizenship or Eligibility for Naturalization

You might already be a U.S. citizen or have a path to citizenship and not even know it.

Check for Citizenship Through Family:

• If one of your parents or grandparents was a U.S. citizen you may have derived or acquired citizenship.
• If born abroad to U.S. citizens you may be a citizen.

Military Service:

• Individuals who served in the U.S. military may be eligible for expedited naturalization.

9. Plan for the Worst Case

If no other options are available you may also choose to leave the U.S. voluntarily. This is usually a last resort and should only be done with an experienced immigration attorney who can advise you if you may be able to file future immigration applications to seek re-entry.

Take Action Now

TPS expiration options are complicated and every case is different. Professional legal advice is key to understanding your options and avoiding mistakes.

If you have TPS, you should:

• Consult an Immigration Attorney: An attorney can review your individual situation and help you find the best way to legal status.
  • You need expert help to navigate the legal maze and figure out the best adjustment of status path.
  • Review your eligibility for family, employment or asylum-based green cards.
  • Review your case for risks or complications.
  • Create a plan to win the green card process
• Keep TPS CurrentKeep TPS active until your green card is approved.
• Apply for Advance Parole
  • Authorized travel and reentry can create an opportunity for AOS.
  • Don’t travel outside the US during the green card process unless you have Advance Parole.
• Get Family-Based or Employment Sponsorship
  • Strengthen your case by getting sponsorship from qualifying family members or employers.
• Talk to Your Employer:
  • Make sure your employer understands the I-140 process and requirements
• Document All Changes
  • Keep records of TPS approvals, travel authorizations and visa petitions to make future applications easier.
• Gather Documents: Make sure you have all the evidence to support your application. Make sure all documents are accurate and complete so you don’t get delays or denials. Collect evidence such as birth certificates, marriage records and employment letters to support your case.
• File Fast: Start the application process for any other status well before TPS ends to avoid disruption to your life. File as soon as you can to secure your path to permanent residency.
• Use non-profit immigration organizations.
• Stay informed on the latest TPS updates.

Are TPS Recipients Eligible to Adjust Status?

Immigration pathways can be tricky, especially for TPS recipients looking to move to lawful permanent resident (LPR) status. This guide breaks down the legal landscape, federal policies, court decisions and potential legislation affecting TPS holders.

Eligibility to Adjust Status from TPS to Green Card

You may qualify if:

• You become an immediate family member of a US citizen or green card holder, such as marrying a US citizen or being sponsored by a close relative.
• You get an employment-based green card through a US employer who will sponsor you.
• You are eligible for a green card through asylum after being granted asylee status.

Why Green Card?

Green card allows you to:

• Live and work in the US permanently.
• Have a stable future without the uncertainty of TPS reviews or expiration.
• Apply for US citizenship after several years as a permanent resident.

Why Adjustment of Status Is Better than Embassy/Consular Processing

Adjustment of status (AOS) allows TPS holders to apply for green cards from within the US, avoiding the risks of consular processing such as:

• Travel delays.
• Inadmissibility due to prior unlawful presence.
• Access to US courts is limited.

But you can’t adjust status if you were never lawfully admitted into the US at any point, including initial entry or most recent re-entry.

Consular Processing Challenges

If you have to leave the US for consular processing, you may face:

• 3-year or 10-year bars for prior unlawful presence.
  • 180 days to 1 year of unlawful presence = 3-year bar.
  • Over 1 year of unlawful presence = 10-year bar.
  • Waivers for these bars are hard to get.

Adjustment of Status (AOS): How It Works

In discussing adjustment of status, it is first important to udnerstand what TPS provides and what it does not.

Rights of TPS Recipients

• No Direct Path to Citizenship: TPS does not lead to permanent residency or citizenship. TPS holders can pursue separate pathways to permanetn residency, for example through family or work or asylum petitions.
• Lawful Nonimmigrant Status: TPS holders are in lawful status for the duration of TPS.
• Work Authorization: They can work in the US.
• Travel Authorization: With advance parole, TPS holders can travel abroad and return.

Adjustment of Status (AOS) allows individuals physically present in the US to get a green card without traveling abroad. Here’s how it works:

Eligibility Criteria for AOS

1. Approved Immigrant Visa Petition: The applicant must have a family or employment-based immigrant visa petition approved by US Citizenship and Immigration Services (USCIS).
2. Enter the US With Inspection: Under INA § 245(a), the applicant must have entered the US after being inspected and admitted or paroled by immigration authorities.
3. Maintain Lawful Status. At the time of filing for adjustment of status (I-485), the applicant must be in lawful status, except for those who are the spouse of a US citizen, the parent of a US citizen, or the child under 21 of a US citizen. Also for employment based green cards, there is an exception that unlawful status of less than six months since last entry date, and prior to filing the I-485, is permissible.
4. Admissibility: The applicant must be admissible to the US under immigration laws

Restrictions Under INA § 245(c)

• Those who entered unlawfully or failed to maintain lawful immigration status are not eligible to adjust status unless they qualify for an exemption, such as being an immediate relative (spouse, parent or unmarried child under 21) of a US citizen.

Key Legal Developments: TPS and Adjustment of Status

Supreme Court Ruling: Sanchez v. Mayorkas (2021)

The Supreme Court held:

• TPS does not count as “admission” under INA § 245(a).
• TPS holders who entered the US unlawfully cannot adjust status based solely on their TPS designation.
• “Admission” means entering the US after being inspected by an immigration officer.

Federal Policy Shifts: USCIS Guidance

In 2022 USCIS reversed its Matter of Z-R-Z-C- decision. Under the new guidance:

• TPS recipients who travel abroad with advance parole (using Form I-512T) are considered “inspected and admitted” upon reentry.
• Returning TPS holders are eligible for AOS if they meet all other requirements.

Impact of Policy Change

This policy opens up more opportunities for TPS holders to adjust statusbut they still must meet other statutory requirements, such as family or employment-based eligibility.

Advance Parole and Reentry

TPS holders can apply for advance parole to travel abroad and reenter. Upon reentry, they are considered “inspected and admitted” and meet the INA § 245(a) requirement for adjustment of status.

Risks: Traveling with advance parole should be planned carefully with legal advice to avoid issues upon reentry

Consular Processing Challenges

If not eligible for adjustment of status, you may need to leave the US for visa processing. But departure may trigger re-entry ban and complicates the process. Consult an immigration lawyer.

Special Considerations for TPS Holders

If You Entered Without Inspection (EWI)

• Generally, individuals who entered the US without inspection cannot adjust status.
• Exceptions for Travel Authorization With TPS
• TPS holders can apply for Form I-131 (Advance Parole)to travel abroad.
• Upon reentry, you may satisfy the lawful admission requirement for adjustment of status.

Unlawful Presence Before TPS

• TPS does not erase unlawful presence accrued before its designation.
• These must be addressed through waivers or exemptions.

Employment or Visa Violations

• TPS holders who violated the terms of previous immigration statuses (e.g. by working without authorization) may have additional hurdles to adjust.

Can You Adjust Status if Your TPS Has Expired?

To remain in the US lawfully, keep your TPS status current.

If your TPS has expired, consider:

• Apply for asylum if eligible.
• Use other valid immigration statuses you held before TPS.
• Nonimmigrant visas like student or work visas.
• Get sponsorship from a family member or employer for adjustment of status.
• Apply for naturalization if eligible.

What If TPS Adjustment of Status Won’t Work?

If you can’t adjust status through TPS, try:

1. Apply for asylum and pursue an asylum-based green card.
2. Leave the US, re-enter legally and reapply for TPS (only if safe and less than 180 days of unlawful presence).
3. Consular processing in your home country for an immigrant visa.
4. Request USCIS review of denied applications or apply for waivers of inadmissibility.
5. Request relief from deportation during removal proceedings, such as cancellation of removal, if you can show exceptional hardship to family members.

Key Considerations

• Inadmissibility Risks: If you spent a lot of time in the US unlawfully, consult an immigration attorney to understand your risks and options.
• Timelines and Fees: Adjusting status in the US avoids the delays of international travel and consular processing.
• Legal Support: Immigration law is complicated; get professional help to handle your case.

Key Changes: TPS Travel Permit (Form I-512T)

What is the TPS Travel Permit?

The TPS Travel Permit (Form I-512T) allows TPS holders to travel and reenter the US legally. As of July 1, 2022 USCIS updated the policy, TPS holders who reenter the US with this travel permit will now be considered “inspected and admitted”. This is huge because now TPS holders can apply for a green card if they have a qualifying family, marriage or employment-based petition.

Who?

• TPS holders who entered the US without inspection can now reenter and meet the green card eligibility.
• TPS holders with a qualifying family or employment-based sponsor can use this path.

Eligibility for Green Card Through TPS

How TPS Holders Qualify for Residency

To apply for a green card, TPS holders need:

1. A Qualifying Sponsor:

• A US citizen spouse, parent, child (over 21) or sibling can sponsor a family-based green card.
• A US employer can sponsor an employment-based green card.

2. Lawful Entry:

• The TPS travel permit now provides lawful entry status when you reenter the US.

Steps for Family and Employment Sponsorship

• Family-Based Sponsorship:
• Your sponsor files Form I-130 (Petition for Alien Relative).
• After approval you file Form I-485 (Adjustment of Status) if you qualify.
• Employment-Based Sponsorship:
• Your employer files Form I-140 (Immigrant Petition for Alien Worker).
• Once the petition is approved and a visa number is available you can file Form I-485.

Steps to Apply for Residency With TPS

1. File for a Travel Permit (Form I-512T)

• File Form I-131 to request travel authorization.
• Once approved receive your TPS Travel Permit (Form I-512T).
• Use this permit to reenter the US legally which will be considered “inspected and admitted” for green card eligibility.

2. File Green Card Petition

• Make sure you have a qualifying sponsor (family or employer).
• Submit the appropriate petition (Form I-130 or I-140)

3. File Adjustment of Status (Form I-485)

• Once your petition is approved file Form I-485 to adjust your status to permanent residency.
• Submit all supporting documents.

4. Biometrics and Interview

• USCIS will schedule a biometrics appointment and possibly an interview to verify your eligibility.
• Bring evidence of your eligibility and lawful reentry to the interview.

Special Considerations for TPS Holders

Travel Risks With the TPS Permit

• Most TPS holders travel safely with the permit but your immigration history and any prior criminal or deportation issues may create problems.
• Always consult with an attorney before traveling.

Prior Deportation or Removal Orders

• If you have a prior deportation order you may need to process your green card application at a US consulate in your home country.
• Use the TPS travel permit to minimize the time you spend abroad during the application process.

3- or 10-Year Bars

• Some TPS holders may have inadmissibility issues such as the 3- or 10-year bars for unlawful presence.
• These bars may require a waiver:
• Form I-212 (Application for Permission to Reapply for Admission After Deportation).
• Form I-601 (Application for Waiver of Grounds of Inadmissibility).

More on USCIS Memo on TPS Holders’ Adjustment of Status

USCIS released a memo on July 1, 2022 titled “Rescission of Matter of Z-R-Z-C as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries.” This memo is a big change, TPS holders can now adjust status to permanent residency (green card).

By interpreting authorized travel by TPS holders as “inspected and admitted” the memo provides a clearer path for TPS beneficiaries to get green cards. It also creates a new travel authorization process for TPS holders.

Traveling Under TPS

TPS holders can apply for travel authorization, previously advanced parole. This allows them to leave and reenter the US for various reasons such as family emergencies or work.

Impact on Adjustment of Status Eligibility

Before the July 1 memo the issue of whether TPS holders returning under advanced parole met the “inspected and admitted” requirement for green card eligibility was a big question.

• Supreme Court ruling in Sanchez v. Mayorkas (2020): TPS status alone does not meet the “inspected and admitted” requirement for adjustment of status.
• August 2020 Policy Shift (Matter of Z-R-Z-C): TPS holders returning under advanced parole were not considered “inspected and admitted” and were blocked from adjusting status.
• March 2022 Duarte v. Mayorkas: The 5th Circuit ruled TPS holders should not use advanced parole for reentry but can travel.

What’s the July 1 Memo?

1. Adjustment of Status Eligibility

• TPS holders returning to the US after authorized travel are now “inspected and admitted” for green card purposes.
• This helps TPS holders who initially entered the US without inspection and wouldn’t otherwise meet eligibility.

2. New Travel Authorization Process

• A new form I-512T (Authorization for Travel by a Noncitizen to the United States) replaces advanced parole for TPS holders.
• So TPS holders can reenter under a process designed for them.

3. Policy Scope

• The policy applies to TPS holders who:
• Get travel authorization from USCIS.
• Have valid TPS during travel.
• Are inspected upon reentry at a US port of entry.
• Reenter under TPS-based travel authorization.
• For those who traveled before the memo, USCIS will apply this policy on a case by case basis.

Why You Need Legal Help

The Role of Immigration Attorneys

Adjusting green card status as a TPS holder can be tricky especially if you have:

• A prior deportation or removal order.
• Criminal history or other inadmissibility issues.
• Concerns about reentry using the TPS travel permit.

Immigration attorneys can help you:

• Determine the best path to permanent residency.
• Fix any legal or procedural hurdles.
• Increase your chances of getting a green card.

Get Started

If you are a TPS holder and want to transition to permanent residency, do:

1. Talk to an Immigration Attorney: Get a customized plan for your case.
2. Apply for TPS Travel Permit: Get reentry eligibility.
3. Start the Green Card Process: Work with a qualified sponsor to file the forms.

How to Apply for Temporary Protected Status (TPS)

The TPS application process is complex and requires attention to detail. Here’s a breakdown:

Gather Documents

You will need to provide:

• Proof of Nationality: Passport, birth certificate or other official documents.
• Proof of Entry: I-94 Arrival/Departure record or other documents showing U.S. entry.
• Proof of Residence: Utility bills, employment records, school records or other evidence.
• Fill out Form I-821, Application for Temporary Protected Status.
• If seeking EAD, file Form I-765, Request for Employment Authorization.
• Translations for any documents not in English.

Submit Required Forms

• Form I-821: Application for Temporary Protected Status.
• Form I-765: Request for Employment Authorization (optional).
• Form I-131: Application for Travel Document (if seeking travel authorization).

Pay Fees

You must pay the fees or file Form I-912 Fee Waiver Request if you cannot afford them.

Application Costs and Fee Waivers

• Form I-821 (TPS Application): $50 (free for re-registration)
• Form I-765 (Work Permit): $520 (free for under 14 or 65 and above).

Fee Waivers

If you cannot afford the fees you can:

• Fill out Form I-912 (Request for Fee Waiver).
• Provide proof of financial hardship.

Biometrics Appointment

• USCIS may require you to provide fingerprints, photos and signature for background check.

Respond to USCIS Notices:

If additional evidence is requested, respond quickly to avoid delays or denials.

Wait for Decision:

USCIS will notify you if approved or denied. Denied applicants can appeal or file a motion to reconsider.

Re-register for TPS

TPS must be re-registered during each re-registration period to maintain benefits.

Re-registration steps:

1. File a new Form I-821 during the re-registration period.
2. Provide updated evidence if required.
3. Request a new EAD by filing Form I-765 if applicable.

Consequences of Late Filing:

• Late re-registration may result in gaps in work authorization and TPS status
• Late re-registration may result in loss of TPS benefits.

Current Countries for TPS

As of 2024:

• Afghanistan, El Salvador, Ethiopia, Haiti, Honduras, Venezuela, Syria, Ukraine, Somalia, Yemen and more.

Recent Updates:

• Lebanon designated in October 2024 for 18 months.
• Haiti, Yemen and Somalia extensions are through 2026.

Challenges and Concerns

While TPS is a good program, it has its drawbacks and legal challenges:

• Uncertainty: Re-evaluation every few years leaves beneficiaries in limbo.
• Cost: High application and re-registration fees can be a burden.
• No Permanence: TPS does not offer a clear path to permanent status or citizenship.

Work Authorization:

• EADs may be extended through Federal Register notices or USCIS announcements.
• Some TPS beneficiaries may get automatic EAD extensions during the registration period.
• Expired EADs with USCIS receipt notice can be used as proof of work authorization under certain circumstances.

Travel Authorization:

• TPS holders must apply for travel document before leaving the U.S. Failure to do so may result in loss of TPS or denied re-entry.

Late Filing for TPS

Late Re-registration:

• If you miss the re-registration deadline, you can file late with a valid excuse. Late filing may result in gaps in work authorization.

Late Initial Filing:

• Initial applications can be filed late if:
• You had a pending asylum application during the original registration period.
• You are a dependent of a TPS eligible individual.

Travel Requirements for TPS Holders

To travel outside the U.S. on TPS:

• File Form I-131, Application for Travel Document.
• Get approval before leaving the U.S.; unauthorized travel may result in loss of TPS.

Common Mistakes to Watch Out For

1. Missing Deadlines: Register and re-register on time to avoid gaps in benefits.
2. Incomplete Applications: Check forms for errors and omissions.
3. Traveling Without Authorization: Always get travel approval to maintain TPS.

How to Avoid Scams

TPS applicants should beware of unauthorized practitioners. For legal advice:

• Licensed immigration attorneys.
• Accredited representatives recognized by the Department of Justice.

What to Do if Your TPS Application is Denied

If your TPS application is denied, you can:

• Appeal: File an appeal to the USCIS Administrative Appeals Office (AAO).
• Removal Proceedings: If you are in removal proceedings, you can request a review by the immigration judge.

Select the country link for additional specific country information.

·         Afghanistan

·         Burma (Myanmar)

·         Cameroon

·         El Salvador

·         Ethiopia

·         Haiti

·         Honduras

·         Lebanon

·         Nepal

·         Nicaragua

·         Somalia

·         South Sudan

·         Sudan

·         Syria

·         Ukraine

·         Venezuela

·         Yemen

More Information

·         Update on Bhattarai v. Nielsen

·         भट्टराइ बिरुद्द नेल्सन मुद्दाबारे पछिल्लो जानकारी (PDF, 1.44 MB)

·         Dènye Nouvèl sou Plent Ramos Kont Nielsen an (PDF, 379.44 KB)

·         تحديث بشأن راموس ضد نيلسين (PDF, 480.83 KB)

·         Peyi ki Kalifye pou Pwogram TPS lan (Zafè Pwoteksyon Pwovizwa): Ayiti

Forms

·         I-821, Application for Temporary Protected Status

·         I-765, Application for Employment Authorization

·         I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records

·         I-912, Request for Fee Waiver

·         I-601, Application for Waiver of Ground of Inadmissibility

·         In-Country Refugee/Parole Processing for Central American Minors

Tools

·         My Case Status

·         Additional Information on Filing a Fee Waiver

·         TPS Avoid Scams Flier (PDF, 34.69 KB)

Non-USCIS Links

·         Department of Justice, Immigrant and Employee Rights Section

 

TPS Expansion Under Biden, the “TPS President”

Since January 2021, President Biden has expandedTemporary Protected Status (TPS) to give time limited legal status to immigrants from countries in crisis. This allows individuals to live, work and not be deported in the US.

He’s been called the “TPS President” for this, and has brought stability to hundreds of thousands of families and relief to employers.

Biden’s TPS Policy

• Coverage: Over 1.6 million from 17 countries are eligible for or have TPS.
• New Designations: 6 countries—Afghanistan (2022), Cameroon (2022), Ethiopia (2022), Myanmar (2021), Ukraine (2022), Venezuela (2021) and Lebanon (2024)—have been added since 2021.
• Renewals: Most countries have had their TPS extended so you remain eligible.
• Permanent Solutions: President Biden is calling on Congress to pass laws so TPS recipients can apply for green cards and eventually citizenship.

Renewals

Long standing TPS for El Salvador, Honduras and Nicaragua—some dating back over 20 years—have been renewed so immigrants from these countries can stay protected.

Efforts to Create Permanent Pathways

On his first day in office, President Biden called for legislation to allow TPS holders to apply for green cards and U.S. citizenship, citing their contributions to society and their long time residence in the U.S.

New Designations or Extensions:

• Since 2021, the Biden administration has made 18 new TPS designations or extensions for countries like:
• Venezuela
• Afghanistan

Biden’s Decision to Reversal of Trump’s Terminations

In June 2023 the Biden administration announced they would rescind the Trump administration’s termination of Temporary Protected Status (TPS) for over 300,000 individuals from El Salvador, Honduras, Nepal and Nicaragua. While this was a big win for TPS holders, it was not permanent and many are still in limbo. Here’s the breakdown of the announcement, what it means and the ongoing fight.

1. What Happened Under Trump?

Terminations of TPS:

• 2017-2018: President Trump terminated TPS for 6 countries:
• El Salvador
• Haiti
• Nicaragua
• Sudan
• Nepal
• Honduras
• These terminations were part of a broader effort to roll back humanitarian protections and were widely seen as discriminatory and political.

Legal Challenges:

• TPS holders and their U.S. citizen children filed an unprecedented lawsuit, Ramos v. Mayorkas, to stop the terminations.
• In 2018 the plaintiffs won a preliminary injunction and the terminations were halted and TPS holders could stay protected while the case continued.

2. The Biden Administration’s Actions

Reversing Trump’s Terminations:

• DHS rescinded Trump’s TPS terminations for El Salvador, Honduras, Nepal and Nicaragua.
• Extensions were given and over 300,000 TPS holders are temporarily protected.

What’s Missing:

• No Permanent Solution: The rescission doesn’t provide a pathway to permanent residency so TPS holders are still in limbo.
• Exclusions: Haiti and Sudan were redesignated for TPS earlier but not El Salvador, Honduras, Nepal or Nicaragua.

3. TPS Holders

A History of Uncertainty:

• Most TPS holders affected by these terminations have been in the U.S. for 20+ years, raising families, working in essential industries and contributing to their communities.
• For 5 years they lived with the threat of deportation due to legal battles and administrative delays.

Voices of TPS Holders:

• Elsy Flores de Ayala: A TPS holder and organizer with the National TPS Alliance said:
  

  “When Trump terminated TPS for me and my family we mobilized and never looked back. We know this is the bare minimum we deserve. We will continue to fight to protect our families.”

• Crista Ramos: The lead plaintiff in Ramos v. Mayorkas said:
  

  “Trump’s decisions would have separated my family. We’ve fought every step of the way to stay together and this fight doesn’t end today.”

4. Why This Fight Isn’t Over

Ongoing Advocacy:

• While the Biden administration’s rescission is progress, TPS holders and advocates say more is needed.
• Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at UCLA, said:
  

  “The Biden administration has given some protection but not permanent residency.”

5. The Way Forward

What TPS Holders Are Asking For:

1. Permanent Residency: A pathway to citizenship for TPS holders who have lived in the U.S.
2. Redesignation of TPS: Extend eligibility to new arrivals from countries like El Salvador, Honduras, Nepal and Nicaragua.
3. Legislative Action: Get Congress to pass the Dream and Promise Act which provides a pathway to citizenship.

The TPS Case in Court:  What We Learned

Ramos v. Mayorkas

On February 26, 2024, TPS holders and their U.S. citizen children won a 6 year long legal battle that protected over 400,000 people from losing humanitarian protections under the Trump administration. While the Ramos v. Mayorkas case was a big win TPS holders and advocates say the fight for permanent residency and broader immigration justice is far from over

1. Trump’s TPS Termination

Background:

• In 2017 and 2018 the Trump administration tried to terminate TPS for six countries:
• El Salvador
• Haiti
• Honduras
• Nepal
• Nicaragua
• Sudan
• TPS holders along with their U.S. citizen children filed the lawsuits Ramos v. Mayorkas and Bhattarai v. Mayorkas to challenge these terminations, citing racial discrimination and illegal conduct.

Ramos et al v. Mayorkas

• Filed: 2018, U.S. District Court, Northern District of California. Ramos v. Wolf
• Plaintiffs: 9 TPS holders and their U.S. citizen children.
• Claims:
  • DHS violated the Administrative Procedure Act (APA) by changing long standing practices without explanation.
  • DHS ignored new events in TPS-designated countries and only looked at original conditions.
  • Terminations were motivated by racial and national origin bias, violating equal protection.
• District Court Ruling (2018):
  • Issued a preliminary injunction against terminations for Sudan, Nicaragua, Haiti and El Salvador.
  • Found evidence of discriminatory intent, citing Trump’s racist statements.
• Ninth Circuit Appeal:
  • 2020 Panel Decision:
  • Reversed the injunction, holding 8 U.S.C. § 1254a(b)(5) bars judicial review of TPS substantive decisions.
  • Dismissed equal protection claims for lack of direct evidence of racial animus.
• 2023 En Banc Review:  Reversed the 2020 panel decision and set rehearing for June 2023Filed: March 12, 2018, in Northern California District Court.
• Biden Administration’s Action (2023): The administration reversed Trump’s terminations and extended TPS for over 300,000 people and redesignated Haiti and Sudan.
• Case Dismissed as Moot (December 2023): The federal court dismissed the Ramos case, saying the Biden administration would not reinstate the illegal terminations.For more information, access resources from the ACLU Southern California:
  • FAQ: End of Ramos Litigation (English)
  • FAQ: End of Ramos Litigation (Spanish)

2. TPS Holders and Their Families

Stories:

• Crista Ramos: Lead plaintiff and daughter of a TPS holder:
  

  “I was in 8th grade when this started. Now I’m in college and dedicating myself to immigrant rights. We fought for our families and against the obvious injustice.”

• Jose Palma (National TPS Alliance): Salvadoran TPS holder :
  

  “We were told to pack our bags and leave but through unity and organizing we protected TPS. The fight continues for permanent residency”

Immigration Justice

Beyond TPS:

• As plaintiff Sajjan Pandey (Nepal) said
  

  “Our fight has never been about TPS alone. It’s about immigration justice for all.”

• Advocates are working to change the system to address the problems faced by millions of undocumented and temporarily protected immigrants in the US.

Power of Collective Action:

• The Ramos case shows the value of grassroots organizing, legal advocacy and political pressure in advancing immigrant rights.

Takeaways:

• Community Power: Many TPS holders noted how unity and organizing helped them through years of uncertainty and fear.
• Focus on Permanent Solutions: While this is a big win, TPS holders said their ultimate goal is permanent residency for all.

3. Advocacy and Legal Action

Advocates’ Work:

• A coalition of legal and advocacy organizations, including the ACLU Foundations of Northern and Southern California, Adhikaar and the National TPS Alliance, won legal protections.
• Jessica Bansal (Unemployed Workers United):
  

  “This case prevented a huge injustice but the fight isn’t over. TPS holders deserve the permanent protections they have earned.”

Legal and Community Action:

• The lawsuits and advocacy showed the power of grassroots organizing as TPS holders built political power and raised awareness about their contributions to US society.

Other Court Cases

In addition to Ramos, the U.S. Department of Homeland Security (DHS) has faced multiple legal challenges after terminating Temporary Protected Status (TPS) for several countries and Deferred Enforced Departure (DED) for Liberia. These cases, brought by various organizations and individuals, argue the terminations are discriminatory, procedurally unfair or unconstitutional. This page summarizes the cases, the arguments and what it means for affected individuals.

Cases and Updates

1. NAACP v. DHS

• Filed: January 24, 2018 in Maryland District Court.
• Issue: Claims the termination of TPS for Haiti is racially discriminatory and violates the Fifth Amendment’s Due Process Clause.
• Arguments:
  • DHS did not properly assess conditions in Haiti, including housing, food security and public health after the 2010 earthquake.
  • Systemic bias against immigrants of color, particularly Haitians.
• Current Status:
  • Survived government motion to dismiss in March 2019.
  • Plaintiffs are seeking an injunction to stop the termination of TPS for Haiti.

2. Centro Presente v. Trump

• Filed: February 22, 2018 in Massachusetts District Court.
• Issue: Challenges TPS termination for El Salvador and Haiti as discriminatory under the Fifth Amendment’s Equal Protection and Due Process clauses.
• Expanded Scope:
  • Honduran TPS holders were added to the case in May 2018.
• Court Ruling:
  • The court denied the government’s motion to dismiss, saying the government didn’t provide enough evidence that the terminations weren’t discriminatory or arbitrary.
  • Case is on hold pending Ramos et al v. Nielsen.

3. Saget v. Trump

• Filed: March 15, 2018 in Eastern District of New York.
• Issue: TPS termination for Haiti is procedurally unfair under the APA and INA.
• Key Arguments:
  • The administration didn’t follow required notice-and-comment rulemaking.
  • Racial bias, citing President Trump’s comments.
• Court Ruling:
  • Nationwide preliminary injunction issued in April 2019 to stop the termination of TPS for Haiti.
  • Case is on appeal in the Second Circuit.

4. Casa De Maryland, Inc. v. Trump

• Filed: March 23, 2018 in Maryland District Court.
• Issue: Claims TPS termination for El Salvador is discriminatory and violates the INA, APA and constitutional rights.
• Updates:
  • INA claim dismissed, other claims allowed to proceed.

5. Bhattarai et al v. Nielsen

• Filed: February 10, 2019 in Northern California District Court.
• Issue: TPS termination for Honduras and Nepal is a departure from established practice, violating APA and constitutional protections.
• Related to Ramos Case:
  • Preliminary injunction in Ramos stops terminations for Hondurans and Nepalis while the case is pending.

6. African Communities Together v. Trump

• Filed: March 8, 2019 in Massachusetts District Court.
• Issue: Challenges DED termination for Liberia, claims constitutional violations.
• Outcome:
  • The Trump administration extended DED for Liberians by one year in March 2019.
  • Case was dismissed in October 2019, court ruled DED terminations are discretionary and not reviewable.

7. Moreno v. Nielsen

• Filed: February 22, 2018 in New York.
• Issue: DHS policy preventing TPS holders who entered without inspection from adjusting status under INA §245(a).
• Relief Sought:
  • Declaration that the policy is invalid.
  • Injunction to allow TPS holders in certain areas to adjust status if eligible.

8. Central American Resource Center v. Cuccinelli

• Filed: August 26, 2020 in D.C.
• Issue: Challenges a USCIS policy change that prevents TPS holders with prior removal orders from adjusting status after reentry with permission.
• Claims:
  • Policy violates APA and constitutional due process.

Common Claims In Litigation

Equal Protection Violations:

• Many cases claim terminations were discriminatory.
• Comments from administration officials are often used as evidence.

APA Violations:

Terminations are sudden, not in accordance with established practice and not adequately explained.

Due Process Violations:

• Policies force U.S. citizen children of TPS holders into impossible choices, violating their rights.

Procedural Failures:

• No notice and comment as required by the APA.

Affected Individuals

• Legal Limbo: Cases in progress leave TPS and DED holders in limbo, unable to work, travel or plan for the future.
• Family Separation: U.S.-born children of TPS recipients are forced to make impossible choices because of their parents’ status.
• Economic and Social Costs: TPS and DED termination would displace tens of thousands of workers, disrupt communities and strain public resources.

Litigation Implications

Immediate Impact on TPS Recipients

• Injunctions: Stopped DHS from terminating TPS for key countries during the case.
• Extension of Documents:
• DHS extended TPS work permits and related documents

Outcomes

1. If Terminations Are Allowed:

• TPS recipients from affected countries would lose status and be deportable.
• DHS has announced a 365-day grace period after final court decisions before enforcing terminations.

2. If Terminations Are Reversed:

• TPS for affected countries may remain in effect indefinitely or until DHS decides otherwise.

Broader Implications

• Cases like Ramos set important precedents on judicial review of immigration decisions and the balance of executive discretion under the INA.

Can Trump Make the Case That TPS Is No Longer Needed?

Case Study: Haiti Is Worse Off Today Than In 2010

Now that Trump has promised to end TPS for Haitians, it’s worth looking at the history of this program for Haitians and the country’s current situation.

How Haitians Got TPS:

• 2010 Earthquake: After a massive earthquake, the Obama administration granted TPS to Haitians because the country couldn’t absorb returnees.
• Ongoing Instability: Subsequent administrations extended TPS for Haitians due to political crises, human rights abuses, gang violence and natural disasters.
• Current Status: In 2021, President Joe Biden re-designated Haiti for TPS which now runs until February 2026. Over 200,000 Haitians are currently protected under the program. In many ways, Haiti is more dangerous and worse off than in 2010.

Current Challenges in Haiti:

• Political Crisis: The assassination of Haitian President Jovenel Moïse in 2021 made the situation worse.
• Violence and Insecurity: Airports and commercial flights are under gunfire. Gang violence is widespread.
• Economic Collapse: Haiti’s economy and infrastructure are fragile and one of the least prepared countries to receive deportees.

Current Protections:

• Haitian TPS is until February 2026, a temporary reprieve for many migrants.
• Humanitarian parole is for those who arrived after June 3, 2023 TPS eligibility cutoff, so they can stay in the U.S. temporarily.

Haitians in Springfield, Ohio:

• Many Haitian migrants in Springfield came through the Biden administration’s parole program which requires participants to have vetted sponsors in the U.S.
• Others have had TPS since before the Biden administration expanded eligibility in June 2024.
• Springfield has 12,000-15,000 Haitian immigrants, most of whom are TPS or humanitarian parole. Many came because of Haiti’s political instability, gang violence and natural disasters.

Springfield: A Community on Edge

Misinformation and Fallout:

• Trump has repeatedly spread misinformation about Haitian migrants in Springfield including during a debate that they were “eating their neighbor’s pets.”
• These lies have led to fear and violence:
• From September 10 to September 20, Springfield had over 35 threats of violence including bomb threats to schools, supermarkets and hospitals.
• Local colleges went to remote learning due to safety concerns.

Local Leaders Speak Out:

• Springfield officials, including Mayor Rob Rue, have called the rumors false and harmful:
  

  “there is no factual evidence to support this.”

• Ohio Governor Mike DeWine acknowledged the initial adjustment period for the influx of Haitian migrants but called them:
  

  “positive influences” in the community.

Economic Impact of Haitian Migrants in Springfield

• Haitian immigrants are filling critical jobs in industries with labor shortages in Springfield.
• The city estimates 12,000-15,000 immigrants (many of them Haitian) live in Clark County which has a population of 136,000.

Community:

• Haitian migrants are not only workers but part of the community, part of the social and cultural fabric.

What Can Trump Do to These Programs?

Ending TPS:

• Trump can refuse to renew TPS when it expires in February 2026 and leave recipients without protection. Advocacy groups are pushing for TPS for Nicaraguans fleeing oppression under President Daniel Ortega’s government.
• While termination before the expiration date is legally complicated, his administration can try to end it early and create a legal mess.

Ending Humanitarian Parole:

• Humanitarian parole is easier to cancel than TPS. Trump’s administration can cancel parole for Haitian migrants and leave thousands vulnerable to deportation if they don’t have other protections.

Limiting Future Designations:

• Trump can refuse to redesignate TPS for Haitians who arrived after June 3, 2023 cutoff and block new arrivals from being eligible.

Legal and Logistical Challenges

Mass Deportations:

• Trump has promised mass deportations but legal and logistical hurdles make immediate removals impossible.
• Deportation cases have to go through immigration courts which are backlogged.
• Each individual facing deportation is entitled to a hearing which delays removals.

Legal Battles:

• Previous attempts to terminate Haitian TPS under Trump were blocked by federal courts:
• In 2017, DHS tried to end TPS for Haiti, saying conditions had improved.
• In 2019 a federal judge ruled the administration’s decision was political and blocked termination.

Advocacy and Resistance:

• Organizations like Advocates for Basic Legal Equality (ABLE) will challenge civil rights violations and unlawful terminations of protections under a new Trump administration.
• Support Networks:
  • Groups like Haitian Community Help and Support Center are building networks of immigration attorneys to help those facing legal challenges.
  • Advocates emphasize the importance of knowing constitutional protections and preparing for Trump changes.

The Biden Administration

What Biden Can Do Before He Leaves:

• Extend TPS for Haiti: President Joe Biden can extend Haitian TPS before he leaves office but he must act now.
• New Designations: Advocates are advocating for TPS to be expanded to other vulnerable groups like Nicaraguans fleeing political persecution.

What Can Be Done to Save TPS?

Biden Administration’s Last Moves:  Request New Designations

• Extend and expand registration periods for countries like El Salvador and Honduras where conditions are not safe.
• Advocates are demanding TPS for Nicaraguans where political repression under Daniel Ortega’s government has increased. Less than 3,000 Nicaraguans are covered by TPS granted after Hurricane Mitch in 1998 leaving many newer arrivals unprotected. There is an urgency for further TPS protections for Nicaraguans before President Joe Biden’s term potentially concludes.
• Advocacy groups are asking for additional designations for Guatemala, Colombia, Mauritania and Mali before Biden leaves office.

Advocacy:

Groups like National TPS Alliance and CASA are pushing for continued protections and for Congress to pass legislation.

Advocacy has blocked previous attempts to end TPS and can help defend the program under a new Trump administration

• Organizations and activists are mobilizing to demand:
  • Extensions for Current Countries: Continued protections for current TPS recipients.
  • Pathways to Citizenship: Advocating for permanent solutions like the Dream and Promise Act which would give TPS holders a path to legal residency and citizenship..
• Educate the public and policymakers on the economic and social contributions of TPS recipients. Advocates say protecting migrants is both a moral obligation and an economic necessity for the US workforce.

Congressional Action:

• Call to Action: Tell Congress to pass humane immigration reform for TPS holders.
• Dream and Promise Act (2019): Passed by the House, this bill would give a pathway to citizenship to TPS, DED and DACA recipients.
• U.S. Citizenship Act (S. 348): Comprehensive immigration reform with a pathway to citizenship for TPS holders.
• Bipartisan Efforts: Previous Senate bills like the 2013 immigration reform bill also had long term solutions.

Why Now

• Without legislation:
  • Most TPS holders might be deported when their country’s designation ends.
  • Families will be torn apart, with U.S. citizen children forced to choose between their parents and their home country.
  • Communities will lose essential workers and local economies will suffer.

Why TPS Holders Need A Permanent Solution

Temporary Protected Status (TPS) allows individuals from designated countries to live and work in the United States when their home country is going through extreme conditions. While TPS protects recipients from deportation it does not inherently provide a path to lawful permanent resident (LPR) status (green card). This detailed explanation explains the current legal framework, past legislation and current proposals to address this gap.

Key Legal Framework for Adjustment of Status

No Automatic Path to LPR Status:

• TPS recipients are not eligible for LPR status but can apply through other avenues like family- or employment-based immigration if they meet certain requirements.

Eligibility for Adjustment of Status:

• Under Section 245(a) of the INA a person must have been “inspected and admitted or paroled” into the U.S. to adjust to LPR status.

For many TPS holders especially those who entered the U.S. illegally this requirement is a major hurdle.

Supreme Court Ruling:

• In June 2021 the U.S. Supreme Court ruled in Sanchez v. Mayorkasthat TPS status alone does not constitute “inspection and admission” under the INA. This decision limits the ability of some TPS holders to adjust status unless they entered the U.S. legally or were subsequently paroled.

Senate Supermajority Requirement:

• Section 244(h) of the INA requires a supermajority (3/5) in the Senate for any bill that would give TPS holders LPR status. This procedural hurdle makes it harder to pass legislation.

Past Legislation for Adjustment of Status

In the past Congress has passed laws allowing certain TPS or Deferred Enforced Departure (DED) recipients to adjust to LPR status. Here are a few examples:

1. Chinese Nationals Post-Tiananmen Square (1992):

• After the 1989 Tiananmen Square massacre Congress passed Public Law 102-404 allowing DED recipients to adjust to LPR status.

2. Nicaraguan Adjustment and Central American Relief Act (NACARA) (1997):

• This law gave LPR status to:
• Nicaraguans, Cubans, Guatemalans, Salvadorans and individuals from former Soviet bloc countries who had applied for asylum and lived in the U.S. for an extended period.
• Many Salvadorans and Guatemalans under TPS benefited from this law.

3. Liberian Refugee Immigration Fairness (LRIF) (2019):

• Part of the FY2020 National Defense Authorization Act this provision allowed Liberians who had been continuously present in the U.S. since November 20, 2014 and their families to apply for LPR status.
• Signed into law by President Trump it’s a model for addressing TPS recipients’ status through targeted legislation.

The American Dream and Promise Act

• Introduced: H.R. 6 (117th Congress, 2021) and H.R. 16 (118th Congress, 2023)
• Key Provisions:
  • TPS recipients as of January 1, 2017 or DED recipients as of January 20, 2021 can apply for LPR status if they meet residency and eligibility requirements.
  • TPS recipients are considered “inspected and admitted” for adjustment of status.
  • Scope:
  • 14 countries.
• Legislative Status:
  • Passed the House in 2021 but stalled in the Senate. A new version H.R. 16 is pending in the 118th Congress.

Legislation in the 118th Congress: TPS and DED

In the 118th Congress many bills were introduced on TPS and DED covering a range of proposals. Some aim to expand benefits for TPS and DED recipients and others to limit eligibility and use. Below is a list of these bills, including new designations, increased access to federal benefits and LPR status.

Here are a few recent ones:

1. TPS Designations

Several bills would extend TPS eligibility to nationals of countries in crisis. These bills would prevent deportation and allow individuals to live and work in the U.S. temporarily. Examples:

• H.R. 2913, H.R. 7034, H.R. 7371, S. 3618: Bills to designate new countries for TPS due to ongoing conflicts or extraordinary conditions.
• Reason:
• Countries hit by natural disasters, political instability or armed conflict are often proposed for TPS so their nationals living in the U.S. can be safe.

2. Education for TPS and DED Beneficiaries

Some bills would provide federal financial aid for higher education to TPS and DED recipients recognizing education is key to economic contributions and social integration.

• Key Bills:
• H.R. 4117, H.R. 1701, S. 1963: Would make TPS and DED recipients eligible for federal financial aid, Pell Grants, loans and scholarships.
• Impact:
• These would open up educational opportunities that are currently not available to many TPS and DED recipients due to financial barriers.

3. Congressional Jobs

A few bills would open up federal congressional jobs to TPS and DED recipients to address the limitations on their participation in certain government positions.

• Key Bills:
• H.R. 1381, S. 672: Would make TPS and DED holders eligible to work in congressional offices.
• Importance:
• These bills would increase inclusivity in federal government employment, recognizing the value TPS and DED recipients can bring to policy making and administration.

4. TPS Beneficiaries and Military Service

Bills have been introduced to allow TPS holders to enlist in the U.S. military, recognizing their contributions to national security.

• Key Bill:
• H.R. 2913: Expands military enlistment eligibility to TPS beneficiaries.
• Goal:
• This would address military recruitment challenges and provide TPS holders with a path to permanent status through service.

5. Farm Workforce Modernization Act

• Versions Introduced: H.R. 1603 (117th Congress, 2021) and H.R. 4319 (118th Congress, 2023).
• Provisions:
• Creates a path for agricultural workers, including TPS and DED recipients, to transition to legal temporary status and then LPR status.
• Status:

Passed House in 2021 but pending in 118th Congress

Pathways to Lawful Permanent Residency (LPR)

Several bills would give TPS and DED recipients a clear path to permanent residency.

• Notable Examples:
  • H.R. 6 (American Dream and Promise Act of 2021, reintroduced in 2023): Would grant LPR status to TPS and DED beneficiaries who meet residency and other requirements.
  • H.R. 3599 (DIGNIDAD Act): A comprehensive immigration reform bill that includes LPR adjustments for TPS recipients.
• Obstacles:
  • Despite bipartisan support for some bills, political polarization and procedural hurdles (e.g. Senate supermajority requirements) are blocking these bills.

Restrictive Bills Targeting TPS Eligibility

While some bills expand benefits, others shrink TPS eligibility or add new restrictions.

1. Limiting Eligibility

Some bills would disqualify individuals based on criminal or political affiliations:

• Criminal Gangs: Makes gang members ineligible for TPS.
• Palestinian Authority Travel Documents: Bills would restrict TPS eligibility for individuals with travel documents from the Palestinian Authority.

2. Congressional Oversight

One bill would introduce broad measures to limit and regulate TPS:

• Congressional Approval for Extensions: Requires Congress to approve TPS designations beyond the initial extension.
• Restrictions on Reinstated Designations: Prohibits new designations for countries terminated within the last 18 months unless specific conditions are met.
• Limitations on Grounds of Inadmissibility: Reduces DHS’s ability to waive inadmissibility criteria for TPS applicants.
• Travel Restrictions: Adds new rules for TPS recipients traveling abroad.

Broader Legislative Trends

More Rights

Bills expanding TPS and DED rights recognize the value of these individuals to the U.S. economy, communities and society. Education, military service and work opportunities are key themes in pro-expansion bills.

More Oversight and Restrictions

On the other hand, restrictive bills aim to curb perceived TPS abuses. These measures focus on national security, tighter eligibility requirements and less DHS discretion in TPS.

Challenges and Next Steps

Political Obstacles

• Political Polarization:
  • Immigration reform is a hot button issue with disagreements over border security and citizenship pathways derailing TPS related bills.

  Senate Supermajority Requirement:

  60 Senate votes are required to pass TPS adjustment bills making bipartisan support a must but hard to come by.

  Niche Legislation:

  • Past laws (e.g. NACARA and LRIF) were targeted to specific groups leaving many TPS recipients without a clear path to LPR status.

  Judicial Decisions:

  • Court cases like Sanchez v. Mayorkas show the limits of current law and the need for legislative solutions.

Complex Legislative Process

• Many bills face procedural hurdles, including Senate supermajority requirements.

Advocacy and Public Awareness

• Advocacy groups and community organizations are pushing for more protections and benefits for TPS and DED recipients, highlighting their economic and social contributions.

No Adjustment Pathway Consequences

1. Legal and Financial Uncertainty:

• TPS recipients are often stuck in limbo, unable to invest in homes, businesses and communities.

2. Families:

• Many TPS recipients have U.S. citizen children or spouses, deportation would be a disaster for mixed status families.

3. Economic Contributions:

• TPS recipients contribute to the U.S. economy particularly in healthcare, agriculture and construction. A pathway to LPR status could amplify these contributions.

State by State Demographic Breakdown of TPS Recipients

TPS recipients, individuals allowed to stay in the U.S. due to unsafe conditions in their home countries, are in all 50 states, D.C. and U.S. territories. As of March 2024 there are 863,880 TPS recipients. This article will look at the distribution of TPS recipients, key states, regional demographics and overall implications.

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States with the Most TPS Recipients

Florida: TPS Central

• Total Recipients: 295,720 (34% of all TPS holders).
• Key Demographics:
  • Venezuelans: 57% of Florida’s TPS population.
  • Haitians: 35%.
• Why Florida?
• Florida’s proximity to Latin America and the Caribbean and established immigrant communities makes it the top state for TPS holders. Cities like Miami and Orlando are TPS hotspots.
• Economic Impact:
  • TPS holders in Florida contribute to industries like hospitality, construction and healthcare.

Texas

• Total Recipients: 93,680.
• Demographics:
  • Mostly Venezuelans and Central Americans (El Salvador, Honduras and Nicaragua).
• Why Texas?
  • Large economy and jobs attract immigrants. Border proximity and existing diaspora communities help migration.

New York: Diverse TPS Population

• Total Recipients: 67,840.
• Demographics:
  • Haitians, Venezuelans and Central Americans.
• Why New York?
  • Known for its immigrant population, New York has resources and community support for TPS holders, particularly in NYC and Long Island.

California: Migrant Magnet

• Total Recipients: 67,800.
• Demographics:
  • Central Americans, Haitians and African nations.
• Why California?
  • California’s reputation as a welcoming state and strong immigrant networks attracts TPS holders. Opportunities in agriculture, tech and service industries.

Other States with 10,000+ TPS Recipients

Besides the top 4 states, 12 others have over 10,000 TPS recipients:

1. New Jersey: 31,480.

• Key Communities: Venezuelans and Central Americans, Newark and Paterson.
  • Industries: Healthcare and service sectors.

2. Georgia: 29,630.

• Key Communities: Central Americans and Venezuelans, Atlanta.
  • Industries: Construction and agriculture.

3. Maryland: 28,700.

• Key Communities: Salvadorans make up the majority of Maryland’s TPS population.
• Why Maryland?
  • Suburban areas near Washington, D.C. have jobs and community support.

4. Massachusetts: 27,780.

• Key Communities: Haitians make up a large part of the state’s TPS population.
  • Industries: Education and healthcare sectors.

5. Virginia: 26,080.

• Key Communities: Salvadorans and other Central Americans in Northern Virginia.
• Why Virginia?
  • Proximity to the Washington, D.C. metro area has economic and social opportunities.

6. North Carolina: 22,140.

• Key Communities: Central Americans (Hondurans and Salvadorans).
  • Industries: Manufacturing and agriculture.

7. Illinois: 19,730.

• Key Communities: Chicago is a TPS hotspot with large Salvadoran and African populations.
  • Industries: Hospitality and service sectors.

8. Indiana: 18,775.

• Why Indiana?
  • Affordable living and jobs in manufacturing and agriculture.

9. Ohio: 12,775.

• Key Communities: Central Americans and Venezuelans.
  • Why Ohio?
  • Urban areas like Columbus and Cleveland have jobs and community networks.

10. Pennsylvania: 11,955.

• Key Communities: Philadelphia has a large Venezuelan and Haitian population.

11. Tennessee: 10,295.

• Key Communities: Central Americans and Africans, Nashville.

12. Utah: 10,215.

• Key Communities: Venezuelans make up the majority of Utah’s TPS population.
  • Industries: Tech and service sectors attract TPS holders.

States with Growing TPS Populations

While smaller in numbers, some states are seeing TPS growth due to local job markets and affordability:

• Colorado: 6,590 (Haitian and Venezuelan communities).
• Connecticut: 5,510 (diverse immigrant population, Haitians and Central Americans).
• South Carolina: 5,835 (agriculture and manufacturing growth).
• Washington: 9,500 (diverse population, Central Americans and Africans).

Smaller States and Territories

While fewer TPS recipients live in these areas, they are still important pockets of diversity:

• Hawaii: 230.
• Montana: 155.
• Vermont: 80.
• Wyoming: 130.
• U.S. Territories:
  • U.S. Virgin Islands: 2,560.
  • Puerto Rico: 610.

Total TPS Recipients

• Nationwide Total: 863,880 as of March 31, 2024.
• Geographic Distribution:
  • 34% of TPS recipients live in Florida.
  • Top 4 states (Florida, Texas, New York, California) account for 60% of all TPS holders.
• Key Points:
  • Gateway states are still dominant, but Utah and Tennessee are emerging as new TPS hubs.

Economic Impact of TPS

TPS holders are crucial to the U.S. economy in:

• Hospitality: Florida and Nevada.
• Agriculture: California, Texas, North Carolina.
• Healthcare: Maryland and New Jersey.
• Manufacturing: Indiana, Ohio, and Tennessee draw TPS holders due to job opportunities.

Employment and Earnings

TPS holders have high labor force participation and many achieve financial stability and career advancement over decades in the U.S.

Key Facts (2021 data)

• Total Income:
  • $10.3 billion for all TPS households in the U.S.
• Top States by Employment Rates:
  • Virginia: 97.5%
  • Maryland: 95.9%
  • National Average: 94.6%
• Industry Representation:
  • TPS holders work in multiple sectors, filling labor gaps in agriculture, education, healthcare and service industries.

State Examples

• Virginia:
  • 97.5% employment rate among TPS holders, major contributions in healthcare and education.
• Florida:
  • TPS population earned $1.6 billion, $1.2 billion in purchasing power.

Tax Contributions

TPS holders are good taxpayers, paying into public programs but not eligible for most federal benefits.

Federal Contributions

• Support entitlement programs like Social Security and Medicare so seniors can age in the U.S.

State and Local Contributions

• $1 billion annually to state and local services including:
• Public education
• Emergency services
• Infrastructure projects

Underutilization of Public Benefits

• TPS holders are not eligible for most federal programs including:
• SNAP (Supplemental Nutrition Assistance Program)
• TANF (Temporary Assistance for Needy Families)
• Regular Medicaid (only for emergencies)

They pay more in taxes than they can access in benefits.

Consumer Spending and Purchasing Power

TPS holders are key consumers in the U.S. economy. Their spending supports small businesses, local economies and the service sector.

Key Facts (2021 data)

• Spending Power:
  • TPS households kept $8 billion after taxes and spent it.
• Service Industry Support:
  • 80% of U.S. jobs are in the service sector which is driven by consumer spending.
• Local Impact:
  • Spending supports everyday services like restaurants, retail and entertainment.

State Examples

• California:
  • TPS households had $1.5 billion in spending power, critical to the state’s economy.
• Texas:
  • TPS holders spent $1.2 billion, in construction and retail.

Entrepreneurship and Business Ownership

TPS holders are high entrepreneurs, creating jobs and reviving local communities.

• Entrepreneurship Rate:
  • 14.5% of TPS holders were self-employed, compared to 9.3% of U.S.-born workers.
• Business Income:
  • $1.5 billion in business income from 38,100 TPS entrepreneurs.
• State Breakdown:
  • Florida: 8,200 TPS self-employed generated $608.5 million in business income.
  • California: 7,800 TPS entrepreneurs generated $224.8 million.

Community Revitalization

• Haitian TPS holders transformed Mount Olive, North Carolina by buying abandoned homes and opening businesses.
• Salvadoran TPS holders revived declining suburbs in the Washington, D.C. area.

Housing and Real Estate

TPS holders buy homes and pay property taxes, strengthening housing markets.

Key Facts

• Homeownership:
  • 41% of TPS households owned homes, worth $19 billion.
• Rental Market:
  • TPS renters contributed $1.3 billion annually.
• Neighborhood Revitalization:
  • Immigrants often stabilize declining neighborhoods, attracting U.S.-born residents and increasing property values.

State-Level Impact

TPS holders have a big impact in key states, varying by state.

Top States (2021 data)

• Florida:
  • TPS population: 65,200
  • Income: $1.6 billion
  • Spending Power: $1.2 billion
• California:
  • TPS Population: 60,100
  • Income: $1.9 billion
  • Spending Power: $1.5 billion
• Texas:
  • TPS Population: 55,400
  • Income: $1.5 billion
  • Spending Power: $1.2 billion
• New York:
  • TPS Population: 29,600
  • Income: $1 billion
  • Spending Power: $743.9 million

Economic Impact of TPS Termination

Terminating TPS designations would have huge economic consequences:

• Gross Domestic Product (GDP):
  • $45.2 billion GDP loss over 10 years if TPS designations for El Salvador, Honduras and Haiti are terminated.
• Social Security and Medicare:

• $6.9 billion reduction in contributions over 10 years.

* Higher Prices

Terminating TPS would mean higher prices as industries dependent on TPS workers face labor shortages.

Disproportionate impact on states like Florida.  Local economies in states like Florida where TPS holders are a big part of the population would be hit harder.

Employment Breakdown for TPS Holders

Based on 2017 survey:

• Male TPS Workers: Construction (23%), driving/delivery (13.7%), building maintenance (7.3%).
• Female TPS Workers: Cleaning (27.9%), childcare (6.6%), food preparation (5.2%)
• They work in industries with workforce shortages:
  • Direct care for older adults and individuals with disabilities: Immigrants are 28% of this workforce, 17% of the overall labor force.
  • Manufacturing: In Northwest Ohio, TPS workers are a third of the workforce at Jeep, Ford and Stellantis plants.
  • During the COVID-19 pandemic, 131,300 TPS holders were essential workers.

·

FAQs on Temporary Protected Status (TPS) and What to Expect Under a Future Trump Administration in 2025

General Information on TPS

1. What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted by the U.S. government to nationals of countries experiencing armed conflict, environmental disaster or other extraordinary conditions that make it unsafe for them to return.

2. How does TPS protect individuals?
TPS allows beneficiaries to live and work in the U.S. for a certain period. It also prevents them from being deported during that time.

3. Does TPS lead to permanent residency?
No, TPS is a temporary benefit and does not lead to permanent residency or citizenship.

2025 Policy Changes

4. Why are people worried about TPS under a future Trump administration?
Former President Trump tried to terminate TPS for several countries during his previous administration. Many fear he would do the same if he gets back in office and end existing TPS designations.

5. Which countries’ TPS designations are at risk?
Countries like El Salvador, Honduras, Nicaragua, Haiti and Sudan were targeted for termination in the past. While court injunctions stopped some of those terminations, there’s fear they could be revisited.

6. Could TPS be terminated suddenly?
The termination process involves a review of country conditions and a decision by the Department of Homeland Security (DHS). TPS holders are usually given 6-18 months notice after termination is announced.

What TPS Holders Can Do

7. What should TPS holders do now to prepare?

• Update Documentation: Keep proof of residence in the U.S., employment records and other important documents current.
• Get Legal Advice: Consult with an immigration attorney to explore options, including family-based petitions, asylum or adjustment of status.
• Stay Informed: Check the DHS website regularly for TPS updates.

8. Are there legal ways to transition from TPS to another immigration status?
Yes, some TPS holders may be eligible for adjustment of status through marriage to a U.S. citizen, employer sponsorship or family-based petitions.

9. Should TPS holders file for asylum?
Asylum may be an option for some TPS holders if they can show they have a well-founded fear of persecution in their home country. Must consult with an attorney before filing.

10. Can TPS holders apply for Advance Parole for international travel?
Yes, TPS holders can apply for Advance Parole to travel abroad and return legally which may open up adjustment of status options. But only do this under the guidance of an immigration attorney.

Possible Scenarios

11. What happens if TPS is terminated?
Beneficiaries lose protection and work authorization after the grace period unless they get another immigration status.

12. Can the courts stop a termination?
Yes, as seen during the Trump administration, lawsuits filed by advocacy groups and states delayed termination for some countries.

13. What’s Congress’ role in TPS?
Congress can pass a law to give permanent protection to TPS holders. Advocacy for legislative solutions is ongoing.

14. What happens to TPS holders’ U.S. born children if TPS ends?
U.S. born children are U.S. citizens regardless of their parents’ immigration status. But family separation issues arise if parents lose protection and get deported.

Other Questions and Scenarios

15. Can a TPS holder get deported while their country’s designation is still active?
Yes, if they commit a crime or violate immigration laws, they can lose TPS protection and be placed in removal proceedings.

16. Does TPS protect against all removal?
TPS protects against deportation based on immigration status but not against removal due to criminal activity or national security concerns.

17. Can a TPS holder invest in or start a business in the U.S.?
Yes, TPS holders with work authorization can start and operate a business.

18. If TPS is terminated, will individuals still qualify for Deferred Action for Childhood Arrivals (DACA)?
DACA is a separate program with its own requirements. TPS holders may qualify if they meet DACA criteria such as arriving in the U.S. before their 16th birthday.

19. What resources are available for TPS holders during this uncertain time?
Organizations like the American Immigration Lawyers Association (AILA), National Immigration Law Center (NILC) and United We Dream provide guidance, resources and legal assistance.

20. Can TPS holders advocate for themselves?
Yes, peaceful advocacy and contacting local representatives to push for permanent solutions can work. Collective action has made a difference in the past.

General TPS Information

1. What is Temporary Protected Status (TPS)?
Temporary Protected Status is a humanitarian program created by the Immigration Act of 1990. It allows nationals from designated countries to live and work in the U.S. temporarily if conditions in their home country prevent safe return. Conditions include:

• Ongoing armed conflict (e.g. civil war).
• Environmental disasters (e.g. earthquakes, hurricanes).
• Extraordinary or temporary conditions (e.g. epidemics, political crises).

2. How is TPS granted or extended?
The Department of Homeland Security (DHS) reviews country conditions and designates or redesignates a country for TPS. Designations are typically reviewed every 6 to 18 months.

3. What are TPS holders entitled to?
TPS holders can:

• Stay in the U.S. without fear of deportation.
• Apply for an Employment Authorization Document (EAD).
• Get Advance Parole for international travel (with DHS approval).
• Get driver’s licenses, social security numbers and other benefits dependent on their state.

4. Does TPS lead to permanent residency or citizenship?
No. TPS is temporary and does not provide a direct path to green cards or citizenship. But TPS holders may qualify for other immigration relief or pathways on their own.

Under a Trump Administration

5. What did Trump do on TPS during his previous term?
During his term, President Trump tried to end TPS for several countries:

• El Salvador
• Haiti
• Honduras
• Nicaragua
• Nepal
• Sudan

He claimed conditions had improved in those countries. Legal challenges delayed some terminations and TPS protections continued temporarily.

6. What will Trump likely do in 2025 with TPS?
He will likely:

• Re-evaluate and try to terminate existing TPS designations.
• Make it harder for new countries to get TPS.
• Speed up enforcement actions against undocumented individuals, including former TPS holders whose protections have expired.

7. Why are court decisions important in TPS cases?
Court decisions have delayed or blocked terminations by challenging the legality of DHS’s decision-making. For example:

• Lawsuits argued terminations were motivated by race or not justified enough.
• In 2020 a court decision temporarily allowed TPS holders from El Salvador, Haiti, Sudan and Nicaragua to keep their protections.

8. Can a Trump administration speed up terminations?
Yes. The process requires formal reviews and public notice but a more streamlined DHS approach could speed up decisions and limit court intervention.

What TPS Holders Should Do Now

9. How can TPS holders keep their immigration status?

• Alternative Immigration Options:
• Family-based petitions: If you have a U.S. citizen spouse, child (21 or older), or sibling, they can petition for you to get a green card.
• Employer sponsorship: If you’re eligible for employment-based immigration, an employer can sponsor you for a visa or permanent residency.
• Asylum: If you’re persecuted in your home country, asylum may be an option.
• Consult an Immigration Attorney:
• Know your individual situation and long-term options.
• TPS holders should not rely on the program alone.
• Keep Records:
• Save proof of continuous residence in the U.S. such as rent receipts, utility bills and employment records. This documentation will be important for adjustment of status applications or court cases.

10. What is Advance Parole and should TPS holders apply for it?
Advance Parole is permission for TPS holders to travel abroad and return to the U.S. legally under certain conditions. This can be an opportunity to adjust status if they meet other eligibility requirements. But Advance Parole is not guaranteed and should be approached with legal guidance.

11. Should I file for asylum now?
Asylum may be an option for TPS holders who are persecuted in their home country. But:

• Applicants must file within one year of entry to the U.S. unless exceptions apply.
• The standard for asylum is high.

12. Should TPS holders prepare financially for legal battles or transitions?
Yes. TPS holders should:

• Save money for immigration filings, legal fees and other related expenses.
• Research non-profit organizations that offer free or low-cost legal services.

Termination Scenarios

13. What happens if TPS is terminated for a country?
When DHS terminates TPS for a country, beneficiaries lose their protections after a grace period (usually 6 to 18 months). They must:

• Leave the U.S. voluntarily.
• Apply for another legal immigration status or
• Be deported if no action is taken.

14. Can courts block terminations again?
Yes. Advocacy groups will file lawsuits to challenge the DHS decisions. Past lawsuits delayed terminations but the outcome depends on the court decisions and the arguments presented.

15. What happens to U.S. born children of TPS holders?
U.S. born children are U.S. citizens regardless of their parents’ immigration status. But family separation may occur if parents lose TPS and are deported.

Misc

16. Can TPS holders own property in the U.S.?
Yes. TPS holders can buy, own and sell property. Owning property does not affect immigration status.

17. Can TPS holders get loans or credit?
Yes, with a valid social security number and employment authorization, TPS holders can get loans, mortgages and lines of credit.

18. Are there state protections for TPS holders?
Some states like California and New York have local protections or policies that support immigrants including TPS holders.

19. If I lose TPS can I apply for DACA?
TPS and DACA are two separate programs. If you meet the specific requirements for DACA (e.g. entered the U.S. as a child) you might be eligible.

20. Can TPS holders organize and advocate?
Yes. Advocacy has been key to getting legislative and judicial protections. TPS holders can:

• Join organizations like the National TPS Alliance.
• Contact your local representatives to support bills like the American Dream and Promise Act which would give TPS holders permanent residency.

Long Term

21. What’s the status of legislative solutions for TPS holders?
Congress has been debating bills that would give TPS holders permanent residency like the American Dream and Promise Act. But progress depends on the politics.

22. How do TPS holders influence immigration policy?
TPS holders and their allies are:

• Sharing your story to make the case for the program.
• Advocating for lawmakers to pass permanent solutions.

23. How do TPS holders stay informed of policy changes?

• Check the DHS website for TPS designations updates.
• Follow reputable immigration organizations for news.
• Connect with local immigrant networks.

24. Can I apply for TPS while I have another temporary visa?

• Yes, you can apply for TPS even if you have a valid visa or pending application for another immigration benefit. TPS can be an interim benefit while you wait for the outcome of other applications.

25. Am I automatically eligible for TPS if my country is designated?

• No, you must:
• Be in the U.S. when the TPS designation was announced.
• Meet all specific requirements, including criminal and immigration history checks.

26. I missed the registration deadline?

• Late initial registration may be allowed in some cases. Talk to a trusted legal service provider to see if you qualify.

27. What if TPS is extended?

• TPS holders must re-register during the designated period.

28. Can TPS holders with pending green cards stop renewing TPS?

• No, it’s recommended to keep TPS until the green card is approved to maintain continuous legal status.

29. Is it safe to travel with Form I-512T?

• Generally yes, but talk to an attorney to see if there are any risks before you travel.

30. What if I have the 3- or 10-year bar?

• This requires a separate waiver application, usually based on hardship to a qualifying U.S. citizen or permanent resident relative.

End

As TPS uncertainty looms with a Trump administration in 2025, TPS holders are right to be fearful and anxious about their future. The road ahead requires proactive steps, planning and knowledge of legal rights and options. AtHerman Legal Groupwe know the weight of this moment for TPS holders and their families. With decades of experience, deep legal knowledge and a human touch we are here to provide clear guidance and customized solutions to protect your status and your future. Navigating immigration law requires expertise but also empathy for the human being behind each case. We are here to be with you and fight for your rights. Don’t go through this alone—contact Herman Legal Group today to schedule a consultation and start feeling better.

 

MORE TPS RESOURCES

1.        Jill H. Wilson, Temporary Protected Status and Deferred Enforced Departure (Washington, DC: Congressional Research Service, updated May 28, 2024), p. 6, https://sgp.fas.org/crs/homesec/RS20844.pdf.

2.        U.S. Citizenship and Immigration Services, “Form I-821, Application for Temporary Protected Status Receipts, Approvals, Denials, and Pending by Country of Designation (Fiscal Year 2024, Q2),” June 12, 2024, https://www.uscis.gov/sites/default/files/document/reports/i821_radp_fy2024_q2.xlsx.

3.        U.S. Citizenship and Immigration Services, “Policy Memorandum PM-602-0188, Rescission of Matter of Z-R-Z-C- as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries,” July 1, 2022, https://www.uscis.gov/sites/default/files/document/memos/PM-602-0188-RescissionofMatterofZ-R-Z-C-.pdf; U.S. Citizenship and Immigration Services, “Temporary Protected Status,” https://www.uscis.gov/humanitarian/temporary-protected-status, last accessed June 13, 2023.

4.        U.S. Citizenship and Immigration Services (USCIS), “Temporary Protected Status,” last reviewed/updated June 20, 2024, https://www.uscis.gov/humanitarian/temporary-protected-status.

5.        Extension and Redesignation of Afghanistan for Temporary Protected Status, 88 Fed. Reg. 65728 (September 25, 2023),

6.        Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013); Velasquez v. Barr, 979 F.3d 572 (8th Cir. 2020); Ramirez v. Brown, 852 F.3d 954, 958 (9th Cir. 2017); Sanchez v. Sec. U.S. Dept. of Homeland Sec., 967 F.3d 242 (3d Cir. 2020), cert. granted sub nom. Sanchez v. Wolf, 20-315, 2021 WL 77237 (U.S. Jan. 8, 2021); Solorzano v. Mayorkas,   F.3d   , No. 19-50220, 2021 WL 365830 (5th Cir. Feb. 3, 2021); Serrano v. United States Attorney

General, 655 F.3d 1260 (11th Cir. 2011).

7.        Sanchez v. Mayorkas, 593 U.S. (2021), https://www.supremecourt.gov/opinions/20pdf/20-315_q713.pdf.

8.        U.S. Citizenship and Immigration Services, “Policy Memorandum PM-602-0188, Rescission of Matter of Z-R-Z-C- as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries,” July 1, 2022, https://www.uscis.gov/sites/default/files/document/memos/PM-602-0188-RescissionofMatterofZ-R-Z-C-.pdf.

9.        U.S. Citizenship and Immigration Services, “Deferred Enforced Departure,” last updated October 20, 2021, https://www.uscis.gov/humanitarian/deferred-enforced-departure.

1.                  Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated April 19, 2022),

https://crsreports.congress.gov/product/pdf/RS/RS20844/63.

2.                  U.S. Census Bureau, 1-year 2021 American Community Survey public use microdata samples, retrieved from Integrated

Public Use Microdata Series (updated November 30, 2022), https://usa.ipums.org/usa/index.shtml.

3.                  Muzaffar Chishti and Kathleen Bush-Joseph, “In the Twilight Zone: Record Number of U.S. Immigrants Are in Limbo

Statuses,” Migration Policy Institute (August 2, 2023), https:// www.migrationpolicy.org/article/twilight-immigration-status.

4.                  Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated July 28, 2023),

https://crsreports.congress.gov/product/pdf/RS/RS20844/68.

5.                  Patricia Guadalupe, “Immigrants protected in U.S. for decades face another year of uncertainty,” NBC News (December 28, 2018), https://www.nbcnews.com/news/

latino/immigrants-protected-u-s-decades-face-another-

year-uncertainty-n949976; U.S. Citizenship and Immigration Services, “Temporary Protected Status Designated

Country: Honduras” (March 27, 2019), https://www.uscis.

gov/humanitarian/temporary-protected-status/temporary-    protected-status-designated-country-honduras.

6.                  National Immigration Forum, “Fact Sheet: Immigrants and

Public Benefits” (August 21, 2018), https://immigrationforum. org/article/fact-sheet-immigrants-and-public-

7.                  Alison Siskin, “Noncitizen Eligibility for Federal Public Assistance: Policy Overview” (Congressional Research

Service, December 12, 2016), https://fas.org/sgp/crs/misc/ RL33809.pdf.

8.                  Immigrant Legal Resource Center, “Understanding the

Criminal Bars to the Deferred Action for Childhood Arrivals” (October 26, 2012), https://www.ilrc.org/sites/default/files/  documents/ilrc-2012-daca_chart.pdf; Kristina Gasson,

“Temporary Protected Status (TPS): Who Is Eligible?,” NOLO, https://www.nolo.com/legal-encyclopedia/temporary-protected-status-tps-who-is-eligible.html#:~:text=Continuous%20residence%20in%20the%20United,physical%20presence%20requirement%20apply%20here.

9.                  Bureau of Labor Statistics, “Employment by Major Industry Sector” (updated September 8, 2022), https://www.bls.gov/ emp/tables/employment-by-major-industry-sector.htm.

10.             Detailed methodology of estimating the spending power and tax contribution can be found in the Appendix.

11.              Mike Charbonneau, “‘Little Haiti’ Springs Up in Wayne County Town,” WRAL News (February 15, 2012), www.

wral.com/news/local/video/10736819/; Damian Paletta,

“Haitian immigrants revived America’s turkey town. This

Thanksgiving together might be their last,” The Washington Post (November 20, 2018), https://www.washingtonpost.com/ business/economy/haitian-immigrants-revived-americas-

turkey-town-this-thanksgiving-together-might-be-their-

last/2018/11/20/7cb258d0-e78f-11e8-b8dc-66cca409c180_ story.html.

12.             Carolyn Gallaher, “This region has one of the nation’s

largest Salvadoran communities. A federal program puts that in jeopardy.,” Greater Greater Washington (August

23, 2017), https://ggwash.org/view/64531/dc-has-one-of- the-nations-largest-salvadoran-communities.-a-federal- program#:~:text=Immigrants.

13.              New American Economy, “The Impact of Immigration on the Housing  Market,”  https://www.newamericaneconomy.org/

housingmap/.

14.              New American Economy, “How 40 Million Immigrants Create Housing Wealth and Stabilize Communities,” https://www.

newamericaneconomy.org/housing/.

15.             Ibid.

16.              Michal Rubaszek and Margarita Rubio, “Does the rental

housing market stabilize the economy? A micro and macro perspective,” Empirical Economics, Vol. 59, pgs. 233-

257, 2020 (February 12, 2019), https://link.springer.com/ article/10.1007/s00181-019-01638-z.

17.              Lautaro Grinspan, “Here’s Why the Fate of TPS Has Such

Major Implications for DC,” Washingtonian (October 16, 2018), https://www.washingtonian.com/2018/10/16/temporary-    

protected-status-tps-el-salvadoran-community-washington-    dc-trump-federal-judge/.

18.              Amanda Baran, Jose Magana-Salgado, and Tom K. Wong, “Economic Contributions by Salvadoran, Haitian, and

Honduran TPS Holders: The Cost to Taxpayers, GDP, and

Businesses of Ending TPS” (Immigrant Legal Resource Center, April 2017).

19.              Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated August 9, 2021),

https://crsreports.congress.gov/product/pdf/RS/RS20844/62.

20.             George J. Borjas, “The Labor Supply of Undocumented

Immigrants,” NBER Working Papers 22102 (National Bureau of Economic Research, Inc., 2016), https://ideas.repec.org/p/nbr/ nberwo/22102.html.

21.              Donald Kerwin and Robert Warren, “A Statistical and

Demographic Profile of the US Temporary Protected Status Populations from El Salvador, Honduras, and Haiti” (Center for Migration Studies, 2017), https://cmsny.org/publications/jmhs- tps-elsalvador-honduras-haiti/.

22.             Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated April 19, 2022),

https://crsreports.congress.gov/product/pdf/RS/RS20844/63.

23.              Institute on Taxation and Economic Policy, “Who Pays? A

Distributional Analysis of the Tax Systems in All 50 States, 6th Edition,” (October 2018), https://itep.org/whopays/.

24.              Congressional Budget Office, “The Distribution of Household Income and Federal Taxes, 2019,” (updated November 15,

2022),   https://www.cbo.gov/publication/58353

 

 

 

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