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Temporary Protected Status (TPS)

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What to know

Temporary Protected Status (TPS) is an immigration status granted to noncitizens who flee their countries of origin due to ongoing war, environmental disasters, or other conditions that are considered “extraordinary” and “temporary.” Recipients are protected from deportation and may work and live in the US as long as they have this status. TPS can be granted in 6-, 12-, or 18-month increments, and extension of the status is based on the conditions within the origin country

This program has been criticized for creating a “legal limbo” for TPS holders. For example, per the Center for Migration Studies, “any individual from Honduras or Nicaragua who holds TPS has now been residing in the country for more than 15 years” since they were first designated as TPS countries in 1999. TPS designations and extensions can span decades and do not create any path for recipients to transition into a permanent resident status. 

The Biden administration has proposed legislation to allow TPS holders to apply for permanent status, but it has yet to be realized. In 2021, the Homeland Security Department designated immigrants from Venezuela and Myanmar as eligible to apply for TPS as well as extended TPS designation for immigrants from El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, Syria, and Yemen through the end of 2022. 

Once a TPS status is revoked or no longer renewed, the holder would “return to the immigration status that they held prior to receiving TPS.” If the holder entered the US without authorization, they would return to an undocumented status and be eligible for deportation. If using the term, including a brief explanation on first reference can be helpful for clarity.

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Summary

Temporary Protected Status (TPS) is a US immigration status granted to noncitizens who flee their countries of origin due to ongoing war, environmental disasters, or other conditions that are deemed “extraordinary” and “temporary.” Recipients are protected from deportation and may work and live in the US as long as they have this status. If using the term, including a brief explanation on first reference can be helpful for clarity.