It’s usually the job of the Secretary of Homeland Security to designate a country for TPS. Officially, TPS is temporary immigration given under the Immigration and Nationality Act (INA) to eligible nationals of a TPS country or persons who don’t have a nationality but live in a designated country. Besides obtaining EADs, recipients can also travel abroad after obtaining approval from the DHS. The only time Congress granted TPS was 30 years ago (1990) to eligible El Salvadorians, according to the Congressional Research Service.
According to the USCIS, the Secretary may designate a country for the following reasons:
- “Ongoing armed conflict (such as civil war)
- An environmental disaster (such as an earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions”
TPS offers beneficiaries protection from removal from the US and the opportunity to work and support themselves and their families back home. The extension notice is a breath of fresh air for the many TPS holders living in the country. Hopefully, the Biden administration will keep its promise and reverse the actions and attitude of the Trump administration towards legal (and illegal) immigrants.
Richard Herman is a nationally renowned immigration lawyer, author, and activist. He has dedicated his life to advocating for immigrants and helping change the conversation on immigration. He is the founder of the Herman Legal Group, an immigration law firm launched in 1995 and recognized in U.S. World News & Report’s “Best Law Firms in America.” He is the co-author of the acclaimed book, Immigrant, Inc. —Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard’s poignant commentary has been sought out by many national media outlets, including The New York Times, USA Today, BusinessWeek, Forbes, FOX News (The O’Reilly Factor), National Public Radio, Inc., National Lawyers Weekly, PC World, Computerworld, CIO, TechCrunch, Washington Times, San Francisco Chronicle and InformationWeek.