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What is Temporary Protected Status?
Temporary Protected Status (TPS) is a temporary immigration
status granted to eligible nationals of designated countries (or
parts thereof).
In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L.
101-649, Congress established a procedure by which the Attorney
General may provide TPS to aliens in the United States who are
temporarily unable to safely return to their home country because
of ongoing armed conflict, the temporary effects of an
environmental disaster, or other extraordinary and temporary
conditions.
On March 1, 2003, pursuant to the Homeland Security Act of
2002, Public Law 107-296, the authority to designate a country (or
part thereof) for TPS, and to extend and terminate TPS
designations, was transferred from the Attorney General to the
Secretary of Homeland Security.
At the same time, responsibility for administering the TPS program
was transferred from the former Immigration and Naturalization
Service (Service) to U.S. Citizenship and Immigration Services
(USCIS), a component of the Department of Homeland Security
(DHS).
During the period for which a country has been designated under
the TPS program, TPS beneficiaries may remain in the United
States and may obtain work authorization. However, TPS does not
lead to permanent resident status.
When the TPS designation of a country is terminated,
beneficiaries revert to the same immigration status they
maintained before TPS (unless that status had since expired or
been terminated) or to any other status they may have acquired
while registered for TPS.
Accordingly, if an alien had unlawful status prior to receiving TPS
and did not obtain any status during the TPS period, the alien
reverts to unlawful status upon the termination of that TPS
designation.
Who is Eligible?
An alien who is a national of a country (or alien having no
nationality who last habitually resided in that country) designated
for TPS is eligible to apply for benefits under the TPS program if
he or she:
An alien is not eligible for TPS if s/he:
For more specific information relating to eligibility, see INA section
244(c)(2) and 8 CFR §§ 244.1 - 244.4.
Countries (or parts thereof) which are currently designated
under the TPS program are listed below:
Burundi: TPS re-registration period from September 2, 2005 to
November 1, 2005. EAD extension sticker valid through February
28, 2006.
El Salvador: TPS re-registration period ended March 8, 2005.
EADs auto-extended to September 9, 2005.
Honduras: TPS re-registration period ended January 3, 2005,
EADs auto-extended to October 5, 2005.
Liberia: TPS registration period from August 16, 2005 to October
14, 2005. EAD extension sticker valid through February 28, 2006.
Nicaragua: TPS re-registration period ended January 3, 2005,
EADs auto-extended to October 5, 2005.
Somalia: TPS re-registration period from July 29, 2005 to
September 27, 2005. EAD extension sticker valid through
February 28, 2006.
Sudan: TPS re-registration period from September 2, 2005 to
November 1, 2005. EAD extension sticker valid through February
28, 2006.
What is DED (Deferred Enforced Departure)?
Like TPS, DED is a temporary protection from removal which is
granted to aliens from a designated country.
Unlike TPS, DED is designated by the Office of the President of
the United States of America, as a constitutional power to conduct
foreign relations.
The Secretary of Homeland Security can designate a country for
TPS, but the President is the one to designate DED for nationals
of a particular country by Executive Order or Presidential
Memorandum.
DED was first used in 1990 and has been used a total of five times.
Temporary Protected Status (TPS) is a temporary immigration
status granted to eligible nationals of designated countries (or
parts thereof).
In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L.
101-649, Congress established a procedure by which the Attorney
General may provide TPS to aliens in the United States who are
temporarily unable to safely return to their home country because
of ongoing armed conflict, the temporary effects of an
environmental disaster, or other extraordinary and temporary
conditions.
On March 1, 2003, pursuant to the Homeland Security Act of
2002, Public Law 107-296, the authority to designate a country (or
part thereof) for TPS, and to extend and terminate TPS
designations, was transferred from the Attorney General to the
Secretary of Homeland Security.
At the same time, responsibility for administering the TPS program
was transferred from the former Immigration and Naturalization
Service (Service) to U.S. Citizenship and Immigration Services
(USCIS), a component of the Department of Homeland Security
(DHS).
During the period for which a country has been designated under
the TPS program, TPS beneficiaries may remain in the United
States and may obtain work authorization. However, TPS does not
lead to permanent resident status.
When the TPS designation of a country is terminated,
beneficiaries revert to the same immigration status they
maintained before TPS (unless that status had since expired or
been terminated) or to any other status they may have acquired
while registered for TPS.
Accordingly, if an alien had unlawful status prior to receiving TPS
and did not obtain any status during the TPS period, the alien
reverts to unlawful status upon the termination of that TPS
designation.
Who is Eligible?
An alien who is a national of a country (or alien having no
nationality who last habitually resided in that country) designated
for TPS is eligible to apply for benefits under the TPS program if
he or she:
- Establishes continuous physical presence and continuous
residence in the United States for a specified period of time;
- Is not subject to one of the criminal, security-related, or
other bars to TPS; and
- Timely applies for TPS benefits.
- If the Secretary of Homeland Security extends a TPS
designation beyond the initial designation period, the
beneficiary must timely re-register to maintain his or her
benefits under the TPS program.
An alien is not eligible for TPS if s/he:
- Has been convicted of any felony or two or more
misdemeanors committed in the United States;
- Is a persecutor, terrorist or otherwise subject to one of the
bars to asylum; or
- Is subject to one of several criminal-related grounds of
inadmissibility for which a waiver is not available.
For more specific information relating to eligibility, see INA section
244(c)(2) and 8 CFR §§ 244.1 - 244.4.
Countries (or parts thereof) which are currently designated
under the TPS program are listed below:
Burundi: TPS re-registration period from September 2, 2005 to
November 1, 2005. EAD extension sticker valid through February
28, 2006.
El Salvador: TPS re-registration period ended March 8, 2005.
EADs auto-extended to September 9, 2005.
Honduras: TPS re-registration period ended January 3, 2005,
EADs auto-extended to October 5, 2005.
Liberia: TPS registration period from August 16, 2005 to October
14, 2005. EAD extension sticker valid through February 28, 2006.
Nicaragua: TPS re-registration period ended January 3, 2005,
EADs auto-extended to October 5, 2005.
Somalia: TPS re-registration period from July 29, 2005 to
September 27, 2005. EAD extension sticker valid through
February 28, 2006.
Sudan: TPS re-registration period from September 2, 2005 to
November 1, 2005. EAD extension sticker valid through February
28, 2006.
What is DED (Deferred Enforced Departure)?
Like TPS, DED is a temporary protection from removal which is
granted to aliens from a designated country.
Unlike TPS, DED is designated by the Office of the President of
the United States of America, as a constitutional power to conduct
foreign relations.
The Secretary of Homeland Security can designate a country for
TPS, but the President is the one to designate DED for nationals
of a particular country by Executive Order or Presidential
Memorandum.
DED was first used in 1990 and has been used a total of five times.
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