Temporary Protected Status (TPS), enacted in 1990, is available to nationals of designated countries who are already present in the United States, but unable to safely return to their home country.
The U.S. Department of Homeland Security (DHS), in consultation with the Department of State (DOS) and National Security Agency (NSA), designates which countries are eligible for TPS on account of an armed conflict in the country; an environmental disaster (e.g. earthquake or hurricane); an epidemic; or other extraordinary conditions.
During the period of time set by the Department of Homeland Security (six, twelve or eighteen months), foreign nationals of TPS-designated countries cannot be removed from the U.S. and are able to apply for work and travel authorization. TPS is a temporary benefit, given until country conditions have improved, and does not lead to permanent U.S. immigration status. At the end of each country’s designated period, DHS determines whether to extend or terminate TPS eligibility based on current conditions in that nation. There is no limit as to how long a country may be TPS-designated (Honduras and Nicaragua have been since 1999).
In order to qualify for TPS, applicants must provide evidence that they were already in the United States on a date determined by the Department of Homeland Security. As part of the application process, applicants pay significant filing fees and are fingerprinted for extensive background checks. If their country of nationality’s designation is extended, TPS holders must re-apply for benefits.
Countries currently designated include: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela and Yemen. It is estimated that more than 860,000 individuals in the United States currently have TPS, with the majority being nationals of Venezuela, El Salvador and Haiti.
Research by the New American Economy/American Immigration Council concluded that in 2021 alone (the most recent information available, and at a time when the United States had approximately one-half of the TPS holders that it does today), this group of foreign nationals paid approximately $1.3 billion in federal taxes and $966.5 million in state/local taxes; and held $8 billion in spending power. The employment rate among this group is higher than 90%, with TPS holders working across all industries, including medicine, education, science, retail, government, and areas that continually struggle with labor shortages. Clearly, Temporary Protective Status is not only a critical humanitarian program, but its beneficiaries make significant contributions to our communities.
