What is Temporary Protection Status (TPS)?

TPS is a temporary legal status granted to individuals in the United States from designated countries facing extreme conflict, environmental disaster, or other critical situations.

When people have TPS status, they:

• Cannot be deported by the United States.
• Can work legally in the United Stated.
• May be allowed to travel outside of the United States.

Who does TPS apply to?

The U.S. Secretary of Homeland Security designates foreign countries for TPS based on temporary safety concerns for the countries’ nationals.

Conditions that make a country eligible for TPS designation include:

• Ongoing armed conflict (such as civil war).
• An environmental disaster (such as earthquake or hurricane).
• An epidemic.
• Other extraordinary and temporary conditions.

How many people in the United States are here because of TPS?

Approximately 300,000 to 400,000 Americans have benefited from TPS. The majority of recipients are from El Salvador, Honduras, and Haiti–an estimated 93% of 325,500. There are over 2,500 TPS holders in Pennsylvania, many of which are parents to U.S.-born children.

TPS recipients work here, pay taxes, and contribute to our communities, often supporting recovery efforts by sending money to their families back home. Many TPS recipients’ families have lived in the U.S. for over 20 years, have U.S. citizen children, and own homes and businesses that provide jobs for U.S. citizens. Ending TPS would tear families apart and return people to dangerous, life-threatening conditions.

What is the current status of TPS?

As of August 2018, the following 10 countries have valid TPS designations.

• El Salvador (Termination effective September 9, 2019)
• Haiti (Termination effective July 22, 2019)
• Honduras (Termination effective January 5, 2020)
• Nepal (Termination effective June 24, 2019)
• Nicaragua (Termination effective January 5, 2020)
• Somalia (Extended until March 17, 2020)
• South Sudan (Extended until May 2, 2019)
• Sudan (Termination effective November 2, 2018)
• Syria (Extended until September 30, 2019)
• Yemen (Extended until March 3, 2020)

In early 2018, the Trump Administration and the Department of Homeland Security moved to cancel TPS for El Salvador, Haiti, Nicaragua, and Sudan, arguig that those countries were safe to return to.

On October 3, 2018, a California U.S. District Court federal judge issued a preliminary injunction, which temporarily blocked the Trump administration’s plan to end TPS for more than 300,000 immigrants from El Salvador, Haiti, Nicaragua, and Sudan. Judge Chen found that the administration lacked any justification to ending TPS for those immigrants and there were “serious questions as to whether a discriminatory purpose was a motivating factor.”

On October 23, 2018, the administration outlined how officials plan to comply with US District Judge Edward Chen’s preliminary injunction. US Citizenship and Immigration Services will automatically extend employment authorization and the validity of immigration documents for TPS recipients from Sudan and Nicaragua through April 2, 2019, according to court documents.Those authorizations are not being extended for recipients from El Salvador and Haiti at this point, the filing said, because protections for them aren’t set to expire until later next year.Should the court’s order not be reversed or invalidated before” April 2, USCIS will issue another extension, this time covering all four countries, for another nine months to January 2, 2020, according to the court documents.

Does TPS create a path to permanent residence or citizenship?

TPS does not provide beneficiaries with a separate path to lawful permanent residence (a green card) or citizenship. However, a TPS recipient who otherwise is eligible for permanent residence may apply for that status.

Generally, a person who entered the United States without inspection is not eligible to apply for permanent residence. As of August 2018, three federal appellate circuits have ruled on this issue:

• Two federal appellate circuits (the Ninth and Sixth Circuits) ruled that a person with valid TPS status could adjust status to lawful permanent residence if otherwise eligible through a family-based or employment-based petition, even if he or she entered the United States without inspection.
• The Eleventh Circuit ruled that a TPS recipient who entered without inspection is not eligible to adjust to permanent residence even if otherwise eligible.

DHS’ position, applicable in all other circuits, is that a TPS holder is not eligible to adjust status within the United States. In order to gain permanent resident status, a TPS recipient must instead depart the country to have a visa processed at a consular post. For many TPS holders who originally entered the United States without inspection, a departure to have a visa interview would trigger bars to re-entry for up to 10 years.

What are the consequences of ending TPS?

Eliminating TPS would destabilize American families. Approximately 270,000 U.S. citizen children risk either losing their parents or having to resettle in an unfamiliar land.

Forcing TPS holders out of the country would have severe economic consequences. TPS holders work and contribute to our economy, and certain industries like construction would suffer significant losses. A study of Salvadoran and Haitian TPS households estimates that if they were to leave the United States, the Gross Domestic Product would hemorrhage more than $132 billion over the next decade.

What should I do if I have TPS status?

Know your options: TPS recipients should get a legal screening to find out what other forms of immigration relief may be available. Local organizations provide safe places for TPS recipients and families to gain more information.

Visit the U.S. Citizenship and Immigration Services website for additional information about TPS or changes to the program.