Learn About Temporary Protected Status TPS

What Is Temporary Protected Status?

Temporary Protected Status, commonly called TPS, is a program created by the United States government that allows certain foreign nationals to live and work in the United States for a set period of time. The program exists because some countries experience conditions that make it unsafe or impossible for their citizens to return home. These conditions might include armed conflict, natural disasters, disease outbreaks, or other environmental disasters.

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Congress established TPS through an immigration law passed in 1990. The Secretary of Homeland Security has the power to designate countries for TPS when specific conditions exist. When a country receives TPS designation, nationals from that country who are already in the United States may request protection under this program. The designation lasts for a set period—typically 6 to 18 months—but can be extended if conditions in the home country have not improved.

As of 2024, several countries have TPS designations. These have included Syria, Yemen, Venezuela, Sudan, Somalia, South Sudan, Afghanistan, Cameroon, and others depending on current conditions. The list changes as situations improve or worsen in different nations. Each designated country has its own set of dates and requirements for people seeking TPS status.

TPS is different from other immigration programs like asylum or refugee status. It is temporary by design and does not lead directly to permanent residency or citizenship. However, people with TPS can obtain work permits, social security numbers, and travel documents. They can also potentially access certain government services depending on state and local rules.

Practical takeaway: TPS is a temporary immigration protection tool for people from countries experiencing severe crises. It allows people to remain in the United States and work legally while conditions in their home country are unsafe or unstable.

How TPS Designation Works

The process of designating a country for TPS begins when the Secretary of Homeland Security or the Attorney General identifies that a country is experiencing one of several qualifying conditions. These conditions include ongoing armed conflict affecting the country's ability to handle the return of its nationals, environmental disasters such as earthquakes or floods, epidemics or other disease outbreaks, or other extraordinary conditions that prevent nationals from returning safely.

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When a country meets these criteria, the Secretary of Homeland Security makes a formal designation. This designation is published in the Federal Register, which is the official journal of the U.S. government. The designation includes specific dates showing when the TPS period begins and when it ends. It also explains which nationals from that country may be covered under the program.

Once a country is designated, there is a specific registration period during which people from that country can request TPS. This registration period typically lasts several months. People must apply during this window to be considered for the program. If someone misses the registration period, they generally cannot apply for TPS later unless there is a re-registration period.

Designations are not permanent. The Secretary of Homeland Security must review each designation every 6 to 18 months to determine whether conditions in the country have improved enough to end the designation. If the Secretary determines that conditions no longer prevent nationals from returning safely, the TPS designation can be terminated. When a designation ends, there is typically an additional 60-day period during which people with TPS can prepare to leave the country or explore other immigration options.

Real example: El Salvador, Honduras, and Nicaragua received TPS designations following major hurricanes in 1998 and 1999. Their designations were extended multiple times over the years as economic and security conditions remained difficult. In January 2018, the Trump administration announced an end to TPS for El Salvador, with a phased wind-down period allowing people time to make other arrangements.

Practical takeaway: TPS designations happen through a formal government process triggered by severe country conditions. Designations are reviewed regularly and can be extended or ended based on whether conditions in the country improve.

Requirements and Who May Request TPS

To request TPS, a person must generally meet several basic requirements. First, the person must be a national of a country that currently has a TPS designation. Second, the person must have been physically present in the United States before the TPS designation date announced by the Secretary of Homeland Security. This means the person cannot travel to the United States after the designation and still request TPS—they must have already been here.

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Additionally, a person requesting TPS must have been continuously physically present in the United States since the designation date. This does not mean the person cannot travel outside the country, but they must have permission to do so. A person can leave and return if they have travel documents issued by the government for TPS beneficiaries. However, any unauthorized departure could affect their status.

A person requesting TPS must also be continuously physically present in the United States during the registration period. If someone is not in the country during the registration period, they would miss the opportunity to file, unless they can show they had a valid reason for being outside the country.

There are several grounds that can make someone ineligible for TPS, even if they otherwise meet the basic requirements. These include certain criminal convictions, including felonies and crimes of moral turpitude. People with convictions related to drug trafficking, violent crimes, or terrorism cannot receive TPS. Additionally, people who have been deported or removed from the United States, or who have ordered the persecution of others, may be ineligible.

The process of submitting a request for TPS requires completing detailed government forms and providing supporting documents. These forms ask for background information, passport details, and evidence showing when the person arrived in the United States. People must also provide fingerprints for a background check and may need to attend an interview with immigration officials.

Practical takeaway: TPS requests require that people be nationals of a designated country, be physically present in the U.S. before the designation date, and have no major criminal convictions or immigration problems that would disqualify them.

Benefits and Protections Under TPS

People with TPS receive several important protections and benefits while their status is valid. The most significant benefit is protection from deportation. As long as someone has TPS, they cannot be removed from the United States solely because they lack immigration status. This provides stability and security for people whose home countries are unsafe.

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Another major benefit is the ability to work legally in the United States. People with TPS can obtain an Employment Authorization Document, commonly called an EAD. This document shows employers that the person is authorized to work and allows the person to accept any job they wish without restriction to a specific employer. The EAD is valid for the same period as the TPS designation, which is typically 6 to 18 months.

With TPS and an EAD, people can also obtain a Social Security Number, which they need to pay taxes, build credit, and access many employment benefits. They can open bank accounts, get driver's licenses in most states, and pay into Social Security and Medicare. This allows people to build financial history and stability while in the United States.

People with TPS can also receive travel documents that permit them to leave the United States and return without losing their status. These documents, called Advance Parole documents, allow people to visit family members in their home countries or travel to other countries for work or education. Without this document, leaving the United States could result in losing TPS status.

Access to government services varies by state and locality. Some states allow people with TPS to receive driver's licenses or state identification cards. Some allow access to in-state college tuition rates. However, people with TPS generally cannot sponsor family members to immigrate to the United States, and they do not receive federal public benefits like Supplemental Security Income or SNAP in most circumstances. Individual circumstances and state policies vary.

Practical takeaway: TPS provides protection from deportation, authorization to work legally with an EAD, the ability to get a Social Security Number, and permission to travel internationally. However, it does not provide a path to permanent residency and may not provide access to all government services.

The TPS Application Process and Timeline

When a country receives a TPS designation, the Department of Homeland Security announces a registration period. This is the window of time during which people from that country can submit their TPS requests. Registration periods typically last several months. For example, when El Salvador's TPS designation was reinstated in 2016, the initial registration period lasted about six months. It is critical to note the exact dates of the registration period, as applications received after the period closes are generally not accepted.

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The TPS request requires filling out Form I-