Temporary Protected Status (TPS) is a temporary immigration designation authorized by the U.S. Immigration Act of 1990, enabling the Secretary of Homeland Security to grant eligible nationals of specified foreign countries—already present in the United States—protection from deportation and work authorization when their home country faces ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions that preclude safe return.[1][2] TPS does not confer a path to lawful permanent residency or citizenship, and designations are intended to be finite, typically lasting 6 to 18 months with possible extensions based on reassessment of conditions.[1]As of March 31, 2025, TPS protections extended to approximately 1.3 million individuals from 17 designated countries, including El Salvador, Haiti, Honduras, Nepal, Nicaragua, Syria, Ukraine, and Venezuela, with beneficiaries required to re-register periodically and maintain continuous physical presence in the U.S. since their designation's effective date.[3][4] The program, administered by U.S. Citizenship and Immigration Services (USCIS), has provided humanitarian relief amid crises such as civil wars, earthquakes, and political upheavals, but its implementation has sparked significant debate over enforcement fidelity.[1]Critics argue that repeated extensions—such as for Salvadorans initially designated in 2001 following earthquakes, now spanning over two decades—have transformed TPS into a de facto permanent residency mechanism, circumventing congressional intent and standard immigration pathways, while straining resources and incentivizing illegal entry in anticipation of future designations.[5] Supporters highlight its role in averting returns to peril, yet empirical patterns show designations often correlate with administrative policy shifts rather than strictly deteriorating conditions, raising questions about discretionary overreach.[5] Recent actions, including terminations for countries like Venezuela and Haiti under the 2025 administration, underscore ongoing legal and political tensions over the program's scope and duration.[6][7]
Legal Framework
Statutory Basis
Temporary Protected Status (TPS) is authorized under section 244 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1254a.[8] This provision was enacted as part of the Immigration Act of 1990, Public Law 101-649, signed into law by President George H.W. Bush on November 29, 1990.[9] The statute empowers the Attorney General—authority later transferred to the Secretary of Homeland Security under the Homeland Security Act of 2002—to designate a foreign state (or part thereof) for TPS when conditions meet specific criteria, thereby providing temporary immigration relief to eligible nationals of that state present in the United States.[8][2]Under 8 U.S.C. § 1254a(b), designation requires evidence of ongoing armed conflict posing a serious threat to personal safety upon return; extraordinary and temporary conditions due to environmental disasters or other phenomena preventing safe return; a substantial but temporary disruption of living conditions; or a request from the foreign state indicating inability to handle substantial numbers of returnees adequately.[8] Initial designations last up to 18 months, with possible extensions of 6 to 18 months if conditions persist or terminations if they improve sufficiently.[8] Eligible individuals, who must have been continuously physically present in the U.S. since the designation's effective date and continuously resided since a specified prior date, receive protection from removal, employment authorization, and limited travel permission, but TPS confers no path to lawful permanent residence or other immigration status.[8][1]The statutory framework emphasizes TPS's temporary nature, requiring periodic reassessments to ensure it does not become indefinite relief; failure to maintain continuous presence or residence, except for brief, casual, and innocent departures, results in ineligibility.[8] Registration for TPS involves fees or waivers and issuance of documentation evidencing status, with provisions for late initial registration under demonstrated extraordinary circumstances.[8] Congress intended TPS to address humanitarian crises without supplanting asylum or refugee processes, distinguishing it by its country-wide focus and executive discretion in designations.[2]
Administrative Discretion
The authority for Temporary Protected Status (TPS) designations rests with the Secretary of the Department of Homeland Security (DHS), who holds broaddiscretion under section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. § 1254a(b)(1)) to determine if a foreign state meets criteria such as ongoing armed conflict, an environmental disaster causing substantial temporary disruption, or other extraordinary and temporary conditions posing a serious hazard to returning nationals.[8] The statutory language employs "may" rather than "shall," rendering the decision non-mandatory and allowing the Secretary to incorporate assessments from the Department of State, humanitarian data, and U.S. national interests in evaluating whether designation serves policy objectives. Initial designations, published in the Federal Register, are generally shielded from judicial review, emphasizing executive prerogative in humanitarian and foreign affairs matters.[3]Extensions and redesignations similarly invoke the Secretary's discretion per 8 U.S.C. § 1254a(b)(3), requiring a review of country conditions at least 60 days before expiration to ascertain if qualifying factors persist. The Secretary may extend for 6, 12, or 18 months if warranted, or redesignate to expand eligibility—such as adjusting continuous residence and physical presence cut-off dates to include recent arrivals—without limit on the number of extensions.[8] Failure to publish a timely decision results in automatic 6-month extensions of benefits, providing a procedural safeguard while preserving discretionary control over long-term status.[3]Terminations occur at the Secretary's discretion when conditions justifying TPS cease, as outlined in 8 U.S.C. § 1254a(b)(3)(B), with decisions announced via Federal Register notice affording at least 60 days' advance warning to beneficiaries. This mechanism enables responsiveness to improved stability, as seen in terminations for countries like Syria (effective November 21, 2025) and Venezuela (2021 designation phased out by September 10, 2025), though such actions have faced Administrative Procedure Act challenges alleging inadequate consideration of evidence.[10][11] Discretionary shifts across administrations illustrate variability: the Trump-era DHS pursued terminations for nations including El Salvador and Honduras based on asserted condition improvements, often delayed by litigation, whereas later reviews under subsequent leadership frequently cited persistent risks to justify continuations.On an individual basis, USCIS officers apply administrative discretion in TPS adjudications, such as approving late initial or re-registration applications upon demonstration of extraordinary circumstances or balancing positive and negative equities in cases involving inadmissibility waivers.[12] These determinations prioritize case-specific factors like compliance history and humanitarian equities, but remain subordinate to the Secretary's overarching programmatic authority.[12] Overall, this layered discretion facilitates tailored responses to transient crises while inviting scrutiny over consistency and potential politicization in implementation.
Historical Development
Enactment in 1990
The Immigration Act of 1990 (IMMACT 90), signed into law by President George H.W. Bush on November 29, 1990, as Public Law 101-649, established Temporary Protected Status (TPS) by adding section 244 to the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1254a.[9][13] This provision formalized a discretionary mechanism for the Attorney General—predecessor to the current Department of Homeland Security—to designate foreign states experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions that prevented the safe return of their nationals already present in the United States.[8][2]Prior to TPS, similar humanitarian relief had been granted through informal executive actions such as Extended Voluntary Departure, which lacked statutory structure and clear criteria, leading Congress to codify the program to standardize protections while emphasizing its temporary nature and ineligibility pathway to permanent residency.[2][14] The enactment responded to growing numbers of migrants from conflict zones, such as civil wars in Central America, by allowing eligible individuals—regardless of prior immigration status—to register for deportation forbearance, work authorization, and limited travel permissions for periods tied to the designated country's conditions.[2][15]Initial implementation empowered the Attorney General to make designations for up to 18 months, with mandatory reviews every six months and provisions for extensions or terminations based on reassessed country conditions, aiming to balance humanitarian imperatives with incentives for repatriation once hazards subsided.[8] Congress specified that TPS beneficiaries numbered in the thousands initially, with the first designations—including for El Salvador under subsection (b)—targeting acute crises like earthquakes and insurgencies that rendered return infeasible.[16][17] The program's design explicitly avoided creating new immigration categories, positioning it as a bridge rather than a settlement tool, though extensions would later extend its application.[14]
Major Designations and Extensions Pre-2010
The Temporary Protected Status program, established under the Immigration Act of 1990, saw its initial designation for El Salvador on January 1, 1991, covering nationals present in the United States before that date due to the country's ongoing civil war, which had resulted in widespread violence and displacement.[18] This designation lasted until June 30, 1992, protecting an estimated 187,000 Salvadorans, though it expired without extension amid debates over post-war conditions.[19]Subsequent early designations addressed regional conflicts and invasions. Kuwait received TPS effective August 2, 1991, following Iraq's invasion, benefiting around 1,400 nationals until termination on March 28, 1992, as conditions improved post-Gulf War liberation.[3]Somalia was designated September 16, 1991, for civil war and anarchy, with protections extended multiple times through 1999, covering up to 500 beneficiaries before termination.[20] Bosnia-Herzegovina followed in April 1992 amid ethnic conflict, extended periodically until 1998 termination after the Dayton Accords stabilized the region.[20]In the mid-1990s, TPS expanded to African nations facing genocide and civil strife. Rwanda's designation began June 20, 1994, post-genocide, protecting fewer than 50 nationals until November 1995 termination as refugee returns accelerated.[20] By late 1997, Burundi and Sudan were designated November 4 for ongoing civil wars, with Burundi's TPS extended until 2000 and Sudan's until 2002, each aiding hundreds amid persistent violence.[21]The late 1990s and early 2000s featured responses to natural disasters and entrenched conflicts. Honduras and Nicaragua received TPS effective January 5, 1999, after Hurricane Mitch devastated infrastructure and caused over 10,000 deaths, with extensions granted repeatedly through 2009 due to slow recovery.[22] Liberia's initial designation on July 27, 1999, addressed civil war atrocities, extended multiple times pre-2010 despite intermittent ceasefires. Kosovo (as part of Yugoslavia/Serbia) was designated August 1999 for NATO intervention-related instability, terminated in 2001. El Salvador's re-designation on March 9, 2001, followed devastating earthquakes in January and February that killed over 1,200 and displaced hundreds of thousands, with extensions continuing through 2009 covering up to 250,000 beneficiaries.[9]
These designations and extensions reflected administrative assessments of ongoing threats, with decisions based on State Department reports and humanitarian considerations, though critics noted extensions sometimes prolonged stays beyond original temporary intent.[2] By 2009, pre-2010 patterns showed frequent renewals for Central American nations due to incomplete recoveries, contrasting shorter terms for resolved conflicts elsewhere.[23]
Post-2010 Shifts and Terminations
The Trump administration's approach marked a significant policy shift toward enforcing the temporary nature of TPS by terminating designations for countries where initial conditions were deemed to have sufficiently improved. On January 8, 2018, the Department of Homeland Security (DHS) announced the end of TPS for El Salvador—originally designated after a 2001 earthquake—affecting nearly 200,000 beneficiaries, with termination set for September 9, 2019, based on assessments of economic recovery and reduced disaster risks.[2] Similar terminations followed for Haiti on November 20, 2017 (effective July 22, 2019, after an 18-month delay for transition), citing post-earthquake stabilization despite ongoing violence; Honduras and Nicaragua in May 2018 (effective January 5, 2020, for Honduras); Nepal in April 2018; and Sudan in January 2018.[24][25] These actions contrasted with prior administrations' routine extensions, aiming to revert beneficiaries to pre-TPS immigration status unless eligible for other relief.[26]Legal challenges promptly halted many terminations, with federal courts ruling DHS decisions arbitrary and capricious under the Administrative Procedure Act for failing to adequately weigh evidence of persistent unsafe conditions, such as gang violence in Central America and political instability. U.S. District Judge Edward Chen issued a preliminary injunction in October 2018 blocking terminations for Sudan, Nicaragua, Haiti, and El Salvador, citing substantial evidence contradicting DHS's improvement claims and potential equal protection violations due to disparate treatment of non-Black-majority countries.[27] The Ninth Circuit Court of Appeals in September 2020 vacated a broader injunction but remanded for further review, preserving protections amid appeals; similar stays applied to Honduras and Nepal.[28][29] Few terminations fully materialized pre-2021, as litigation extended statuses de facto.The Biden administration reversed several terminations through redesignations, extending or renewing TPS where ongoing crises justified it, including Haiti for 18 months starting August 2021 amid escalating gang control and displacement; Venezuela, newly designated in March 2021 for political repression and humanitarian collapse, affecting over 500,000 by 2023; and Ukraine in April 2022 following Russia's invasion.[30][6] El Salvador's TPS was extended to March 2025 via court compliance and administrative action.[1] This approach prioritized empirical indicators like UNHCR displacement data over prior improvement rationales.In the second Trump administration from 2025, terminations accelerated to align with campaign commitments to limit humanitarian immigration. On February 20, 2025, DHS Secretary Kristi Noem rescinded Haiti's extension, setting an end date of August 3, 2025, reversing Biden-era determinations despite persistent violence.[31] Venezuela's 2023 designation was terminated, with the Supreme Court on October 3, 2025, lifting stays to allow immediate effect, impacting hundreds of thousands.[6] Additional actions targeted Ukraine, Sudan, and others, though some faced renewed injunctions, such as a July 15, 2025, district court ruling delaying Haiti's September 2 cutoff.[7] These shifts reflect DHS discretion under 8 U.S.C. § 1254a, tempered by judicial oversight on procedural rigor, with terminations requiring Federal Register notices and beneficiary re-registration windows.[32]
Designation and Management Process
Criteria for Initial Designation
The criteria for initial designation of a foreign state for Temporary Protected Status (TPS) are outlined in Section 244(b)(1) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1254a(b)(1).[8] The Secretary of Homeland Security has the discretionary authority to designate a state for TPS, either upon the request of the state or independently, if one of three specific conditions is met, emphasizing temporary disruptions that render return unsafe.[1] These conditions must be deemed to pose a serious threat to the personal safety of the state's nationals or stateless individuals who last resided there, and the designation period is limited to 6 to 18 months, renewable only if conditions persist.[33]The first criterion applies when there is an ongoing armed conflict within the state, such that requiring the return of its nationals would pose a serious threat to their personal safety.[8] This has been invoked for conflicts like those in Syria (designated in 2012 due to civil war) and Ukraine (designated in 2022 following Russia's invasion), where active hostilities disrupted safety and infrastructure.[3]The second criterion covers environmental disasters, including earthquakes, floods, droughts, epidemics, or other such events, that cause substantial but temporary disruption of living conditions, again posing a serious safety threat upon return.[8] Examples include Haiti's 2010 earthquake designation and Nepal's 2015 earthquake, where immediate post-disaster instability justified temporary relief.[9]The third, more broadly worded criterion allows designation if extraordinary and temporary conditions in the state prevent safe return, provided that allowing temporary U.S. residence aligns with the national interest and is not contrary to it.[8] This has supported designations for situations like Venezuela's socioeconomic collapse (initially in 2021) and Yemen's humanitarian crisis amid war (2015), where non-conflict factors such as economic hyperinflation or famine compounded risks.[34] Designations under this prong require explicit findings that permanent solutions are not warranted, distinguishing TPS from refugee status.
Procedures for Extensions and Terminations
The Secretary of Homeland Security is required under section 244(b)(3)(A) of the Immigration and Nationality Act (INA) to review, at least 60 calendar days prior to the expiration of a Temporary Protected Status (TPS) designation, whether the conditions cited in the initial designation—such as extraordinary and temporary conditions due to ongoing armed conflict, environmental disaster, or other factors preventing safe return—continue to exist.[8] If the review concludes that these conditions persist, the Secretary may extend the designation for a successive period of 6, 12, or 18 months, with the determination published as a notice in the Federal Register specifying the extended expiration date, any redesignation for initial applicants if applicable, and a re-registration period for existing beneficiaries to maintain continuous TPS.[35] Failure to complete and publish the review determination at least 60 days before expiration results in an automatic 6-month extension, after which a further review is mandated.[36]Extensions are discretionary but must be based on evidence of ongoing qualifying conditions, often drawing from U.S. Department of State country reports, international organization assessments, and other empirical data on safety and stability.[1] The Federal Register notice triggers automatic extensions of employment authorization documents (EADs) for timely re-registrants in many cases, as specified in the announcement, to minimize disruptions.[6] For instance, extensions for El Salvador's TPS, originally designated due to earthquakes, have been renewed multiple times through this process, with the most recent extending coverage through September 9, 2026, following a review confirming persistent conditions.[37]Termination procedures follow a parallel review under INA section 244(b)(3)(B), where the Secretary determines that the original conditions no longer exist or have sufficiently abated to allow safe return.[8] Upon such a finding, a termination notice is published in the Federal Register, but under INA section 244(d)(3), the termination cannot take effect earlier than 60 days after publication, providing a grace period for beneficiaries to depart voluntarily, seek alternative relief, or prepare for removal proceedings.[36] Individual TPS benefits, including work authorization, terminate no earlier than 60 days after the notice for those who do not re-register or qualify for extension, though automatic EAD extensions may apply during transitional periods specified in the notice.[35] Recent terminations, such as for Venezuela's 2021 designation effective November 7, 2025, and Syria's designation effective November 21, 2025, adhered to this timeline following reviews deeming conditions improved.[38][39]These procedures have occasionally been delayed or stayed by federal courts, as seen in challenges to terminations for countries like Haiti, where a district court ruling postponed effectiveness until February 3, 2026, pending appeals, but the core administrative steps remain publication-dependent and statutorily timed.[7] No formal public comment period is required by statute, though DHS may consult interagency sources for the review.[40]
Eligibility Requirements
Qualifying Conditions
To qualify for Temporary Protected Status (TPS), an applicant must be a national of a foreign state designated for TPS by the Secretary of Homeland Security, or an alien without nationality who last habitually resided in such a designated state.[8][1] This nationality or habitual residence requirement ensures that protection is limited to those from countries facing the specified temporary conditions, such as ongoing armed conflict, environmental disasters, or other extraordinary and temporary circumstances.[8]Applicants must also demonstrate continuous physical presence in the United States since the effective date of the most recent designation of their country for TPS, and continuous residence in the United States since the continuous residence date specified by the Secretary in the Federal Register notice for that designation, which is typically 30 days before the initial designation but may vary for redesignations.[8][1] Brief, casual, and innocent absences from the United States, or absences for specified reasons such as medical emergencies, do not interrupt continuity of physical presence or residence, provided they are not inconsistent with the purpose of TPS. These presence and residence criteria verify that beneficiaries were already in the United States at the time of designation and have not primarily used TPS to facilitate new entries.TPS eligibility further requires that the applicant be otherwise admissible to the United States as an immigrant, subject to limited exceptions and discretionary waivers.[8] Inadmissibility under grounds related to health, criminal activity (except certain minor offenses), security threats, public charge, unlawful presence, or documentation failures may bar eligibility, though the Secretary may waive certain grounds in discretion if denial would cause extreme hardship to the applicant or a U.S. citizen/permanent resident relative.[8] Absolute bars apply to those involved in genocide, persecution, serious humanitarian law violations, or prior removal under specific terrorist-related designations, without waiver.[8] Applicants must affirmatively demonstrate they meet all criteria through evidence such as passports, residence records, and affidavits, with USCIS adjudicating on a case-by-case basis.[41]
Application and Registration Process
Individuals seeking Temporary Protected Status (TPS) must file Form I-821, Application for Temporary Protected Status, with U.S. Citizenship and Immigration Services (USCIS) during the designated initial registration period for their country, as announced in the Federal Register.[41] This form requires applicants to demonstrate nationality in a TPS-designated country or statelessness with last habitual residence in such a country, along with evidence of continuous physical presence in the United States on or before a specified date and continuous residence from another specified date onward.[42] Supporting documentation typically includes a valid passport, birth certificate, or other identity proof, as well as records verifying residence and presence, such as tax returns, employment records, or school transcripts.[42]Initial applicants must also submit Form I-765, Application for Employment Authorization, concurrently if seeking work authorization, and pay applicable filing fees or request a waiver via Form I-912 if unable to afford them; as of recent designations, the I-821 filing fee is $50 for initial applications, with no fee for re-registrations of the form itself, though biometrics services incur an $85 fee (or $30 for certain re-registrations).[41] Online filing of Form I-821 is available for specific TPS countries, such as Ukraine and Syria, facilitating electronic submission and processing.[43] Upon filing, USCIS schedules a biometrics appointment for fingerprinting and background checks, after which decisions are issued via notice, granting TPS for the designated period if approved, typically 6 to 18 months initially.[41]For those already holding TPS, re-registration is required during the re-registration period specified in the Federal Register notice extending or redesignating the country to maintain continuous status and avoid gaps in benefits.[41] Re-registrants file Form I-821 without needing to resubmit full eligibility evidence unless it is their first re-registration after initial approval or USCIS requests it, but must update any changes in address or status and include Form I-765 for renewed employment authorization.[42] Failure to re-register timely may result in termination of TPS, though late filings can be considered with good cause explanations; automatic extensions of expiring employment authorization documents often apply during designated re-registration windows to bridge gaps.[41] Approved re-registrants receive an extended TPS validity matching the country's designation period.[1]
Provided Benefits
Employment and Work Authorization
Beneficiaries of Temporary Protected Status (TPS) are eligible to apply for an Employment Authorization Document (EAD), which permits legal employment in the United States during the validity of their TPS.[1] The EAD, issued as Form I-766 by U.S. Citizenship and Immigration Services (USCIS), serves as proof of work authorization for purposes such as completing Form I-9 for employment verification.[44]To obtain an initial EAD, eligible individuals must submit Form I-765, Application for Employment Authorization, concurrently with Form I-821, Application for Temporary Protected Status, during the designated registration period for their country, or provide evidence of an accepted or approved initial I-821 filing.[41][45] USCIS reviews EAD eligibility as part of or prior to the final TPS decision, and approval is not automatic but requires meeting TPS criteria such as continuous physical presence and residence in the U.S.[1] For re-registration to maintain TPS, beneficiaries file Form I-821 and may concurrently renew their EAD via Form I-765 to avoid employment gaps.[41] The filing fee for Form I-765 is $520 as of fiscal year 2025, though waivers are available for those demonstrating financial hardship.[45]EADs issued under TPS typically have a validity period aligned with the TPS designation for the beneficiary's country, often 6 to 18 months, and must be renewed before expiration to sustain work authorization. USCIS provides automatic extensions for certain TPS-related EADs, up to 540 days or the duration of TPS extension, whichever is shorter, for timely filed renewal applications bearing specific category codes (e.g., (c)(19)) and expiration dates.[46] These extensions apply to EADs with expiration dates on or after specific federal register notices, such as those published for ongoing TPS extensions in 2025, allowing continued employment while a renewal is pending.[46] Employers must verify extended EADs using the USCIS Automatic EAD Extension webpage or Form I-797C notices.[44]TPS work authorization does not confer eligibility for public benefits beyond employment or lead to lawful permanent residency, remaining strictly temporary and tied to the home country's conditions. Unauthorized employment prior to EAD approval can result in TPS denial or revocation.[45] As of October 2025, over 1 million TPS holders across designated countries rely on these EADs for workforce participation, contributing to sectors like construction, healthcare, and services.[1]
Deportation Relief and Travel Permissions
Temporary Protected Status (TPS) provides eligible beneficiaries with temporary withholding of removal, prohibiting the Department of Homeland Security (DHS) from deporting them to the designated country of origin during the active designation period.[1] This relief applies only to removal based on the individual's nationality or last habitual residence in the designated country and does not prevent DHS from initiating removal proceedings for other grounds, such as criminal activity or fraud.[1] Beneficiaries also cannot be detained solely on the basis of their immigration status while TPS remains valid, though prior orders of removal may require separate resolution through USCIS processes.[1] Upon termination of a country's TPS designation, this protection ends, reverting individuals to their underlying immigration status, which often results in renewed vulnerability to deportation absent other relief.[3]TPS does not automatically authorize international travel; beneficiaries must apply separately for travel permission to avoid abandoning their status.[1] Eligible TPS holders file Form I-131, Application for Travel Document, to request authorization, which USCIS may approve in the form of I-512T, Authorization for Travel by an Alien to the United States, a TPS-specific document introduced in July 2022 to facilitate reentry under humanitarian considerations or significant public benefit.[1][3] Approval is discretionary and requires demonstrating that the travel serves a compelling purpose, such as urgent humanitarian needs; U.S. Customs and Border Protection (CBP) verifies eligibility upon return.[1] Departing the United States without prior authorization risks denial of reentry, termination of TPS, or abandonment of any pending application, potentially triggering removal proceedings.[1] For those with pending initial or re-registration TPS applications, advance parole via Form I-131 is similarly required, with unauthorized departure often leading to outright denial of TPS.[1]
Denial, Withdrawal, and Revocation
Individual Denials and Withdrawals
Individual denials of Temporary Protected Status (TPS) occur when applicants fail to demonstrate eligibility under section 244 of the Immigration and Nationality Act, such as lacking proof of nationality from a designated country, failing to establish continuous physical presence in the United States since the designation date, or not meeting continuous residence requirements.[47] Inadmissibility grounds under INA section 212(a), including certain criminal convictions or security-related issues, can also lead to denial unless a waiver is granted for humanitarian reasons, family unity, or public interest. USCIS bears the burden in some cases to justify denial, particularly if the applicant was placed in removal proceedings concurrently.Withdrawals of granted TPS are authorized under 8 CFR § 244.14, allowing USCIS to terminate status at any time if the beneficiary becomes ineligible, such as through conviction of a felony, two or more misdemeanors, or any crime rendering them inadmissible or deportable.[48] Other grounds include failure to re-register timely without good cause, unauthorized departure from the United States without advance parole, or determination that the initial grant was erroneous due to undisclosed ineligibility.[35] Upon withdrawal, USCIS issues a Notice to Appear (NTA) initiating removal proceedings in most cases, though exceptions apply if the individual qualifies for other relief.[49]Applicants denied TPS or facing withdrawal may appeal to the USCIS Administrative Appeals Office (AAO), where decisions are reviewed de novo, though the agency must demonstrate cause for withdrawal of previously granted status. In removal proceedings, denied applicants can renew TPS applications before an immigration judge, who exercises discretion based on factors like criminal history or equities. Administrative decisions, such as those from AAO, have upheld withdrawals for reasons including post-grant criminal activity or failure to maintain eligibility, emphasizing that TPS is not indefinite protection.
Country-Wide Terminations
Country-wide terminations of Temporary Protected Status (TPS) occur when the Secretary of Homeland Security determines that the conditions prompting the original designation—ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions—have improved sufficiently to allow nationals to return safely. Under section 244(b)(3)(B) of the Immigration and Nationality Act, the Secretary may terminate a designation at any time, publishing notice in the Federal Register at least 60 days before the effective date to allow for administrative processing and potential orderly departure.[1] These decisions are discretionary and based on assessments by U.S. government agencies, including the State Department and intelligence community, evaluating factors like political stability, violence levels, and infrastructure recovery.[50]Terminations contrast with initial designations or extensions by emphasizing the temporary nature of TPS, intended as a short-term humanitarian measure rather than permanent residency. Between fiscal years 2018 and 2021, the Department of Homeland Security (DHS) announced terminations for six countries—El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan—affecting over 300,000 beneficiaries, primarily citing stabilized conditions post-earthquakes, hurricanes, or civil unrest. For example, Nepal's TPS, designated after a 2015 earthquake, was terminated effective June 24, 2020, after DHS concluded reconstruction progress and reduced seismic risks warranted ending protections. Similarly, Sudan's designation ended June 30, 2019, following determinations of diminished conflict after the 2011 civil war.In 2025, DHS under Secretary Kristi Noem pursued multiple terminations amid reviews of post-designation conditions. Venezuela's 2021 TPS designation was terminated effective November 7, 2025, based on findings that economic and humanitarian crises had not escalated to extraordinary temporary levels justifying continued protection, despite ongoing instability.[36] Syria's TPS ended November 21, 2025, after assessments indicated territorial gains by government forces had reduced widespread conflict, enabling safer returns for many nationals.[51] Terminations for Honduras and Nicaragua were announced July 8, 2025, effective after 60-day notices, reflecting evaluations of improved security post-1998 Hurricane Mitch and 1998 civil strife, respectively.[52] Haiti's termination, set for July 1, 2025, was halted by a federal court injunction citing procedural limits on pre-expiration endings.[53]
These actions have reduced the overall TPS population from peaks exceeding 400,000 in the late 2010s to under 1 million by mid-2025, though litigation and redesignations have occasionally overridden or delayed terminations.[54]
Legal Challenges and Judicial Interventions
Key Lawsuits and Administrative Actions
The Trump administration's second term initiated multiple administrative actions to terminate TPS designations, arguing that prolonged protections had evolved into de facto permanent residency contrary to the program's temporary intent. On June 27, 2025, the Department of Homeland Security (DHS) announced the termination of TPS for Haiti, affecting approximately 140,000 beneficiaries, citing improved conditions post-designation.[55] Similarly, on July 8, 2025, DHS ended TPS for Honduras and Nicaragua, impacting over 300,000 individuals, as part of a broader review determining that original qualifying conditions no longer persisted at levels warranting continued protection.[56] These actions followed earlier 2025 moves to rescind Biden-era extensions for countries including Venezuela, Afghanistan, and Cameroon, with DHS emphasizing statutory requirements under the Immigration Act of 1990 for periodic reassessments based on country-specific data.[32]In response, advocacy groups and TPS holders filed lawsuits alleging violations of the Administrative Procedure Act (APA), claiming terminations were arbitrary, capricious, and influenced by policy shifts rather than empirical evidence of changed conditions. A prominent case, National TPS Alliance v. Noem, challenged the early termination of TPS for Venezuela and Haiti in U.S. District Court for the Northern District of California (Case No. 25-cv-1766), securing a preliminary injunction on September 5, 2025, that temporarily restored protections.[57] The Ninth Circuit upheld the district court's authority on August 29, 2025, recognizing irreparable harm to beneficiaries facing deportation to unstable environments.[58] However, on October 3, 2025, the Supreme Court granted DHS's emergency stay application (No. 25A326), allowing the terminations to proceed immediately and vacating the lower court's order, thereby enabling enforcement against affected TPS holders.[59][60]Parallel litigation targeted the termination of TPS for Syria. In Dhalia Doe v. Noem, filed in 2025, over 6,100 Syrian nationals contested DHS's abrupt revocation, arguing it disregarded ongoing civil war and humanitarian crises documented by U.S. State Department reports, with plaintiffs seeking APA review for failure to provide reasoned analysis.[61] This suit highlighted procedural disputes over designation extensions, echoing earlier challenges under the first Trump administration, such as the 2018 federal court block in California against terminations for El Salvador, Haiti, Sudan, and Nicaragua, which delayed implementation until appellate review.[62]Conversely, the Biden administration's actions included rescinding select Trump-era terminations, such as for El Salvador on June 13, 2023, via redesignation to extend protections through March 9, 2025, based on reassessments of gang violence and natural disasters.[2] These moves faced limited judicial scrutiny but underscored partisan divides, with critics in DHS memos under Trump contending that extensions incentivized non-temporary migration patterns unsupported by statutory humanitarian thresholds.[5] Overall, these lawsuits and actions reveal tensions between executive discretion in foreign policy assessments and judicial oversight of administrative rulemaking, with courts frequently intervening on procedural grounds while deferring to agency findings on factual conditions.[63]
Supreme Court and Appellate Rulings
In Sanchez v. Mayorkas (593 U.S. ___ (2021)), the Supreme Court ruled 5-4 that a grant of Temporary Protected Status (TPS) does not constitute an "admission" under 8 U.S.C. § 1101(a)(13)(A) for purposes of eligibility to adjust status to lawful permanent resident under 8 U.S.C. § 1255(a). The Court reasoned that TPS provides temporary relief from deportation and work authorization but does not affirmatively admit the beneficiary into the United States in a manner equivalent to inspection and parole at a port of entry, distinguishing it from forms of relief like advance parole. This decision limited pathways to permanent residency for TPS holders who entered without inspection, affecting hundreds of thousands from countries like El Salvador and Honduras.Challenges to Department of Homeland Security (DHS) terminations of TPS designations, particularly those announced during the first Trump administration for countries including El Salvador, Haiti, Sudan, and Nicaragua, led to multiple appellate rulings under the Administrative Procedure Act (APA). The Ninth Circuit Court of Appeals, in cases such as Ramos v. Nielsen (consolidated appeals from 2018 district court injunctions), upheld preliminary injunctions blocking terminations, finding DHS decisions potentially arbitrary and capricious for failing to adequately consider reliance interests of long-term TPS holders and their U.S.-citizen children. Similarly, the First Circuit in Saget v. Trump (2019) affirmed an injunction against Haiti TPS termination, emphasizing evidentiary requirements for reassessing country conditions. These rulings preserved TPS protections amid litigation, with courts remanding to DHS for fuller explanations rather than outright vacating decisions.[63]In October 2025, the Supreme Court in Noem v. National TPS Alliance (No. 25A326) granted the Trump administration's emergency application, staying a Northern District of California ruling and allowing immediate termination of TPS for approximately 350,000 Venezuelan nationals previously designated under a 2023 extension.[59] The unsigned order interpreted 8 U.S.C. § 1254a(b)(3)(B) to permit DHS Secretary Kristi Noem to end a designation without awaiting the full 60-day notice period if conditions warranted, rejecting lower court findings that the action violated APA procedural safeguards or ignored ongoing crises in Venezuela.[59][60] This decision effectively lifted injunctions from Judge Edward Chen, who had deemed the termination unlawful for inadequate consideration of humanitarian factors, enabling enforcement of the March 2025 rescission.[64]Appellate courts have continued to address TPS extensions and terminations post-2021. The Ninth Circuit in August 2025 affirmed a district court's discretion to delay vacatur of Venezuelan TPS termination, citing irreparable harm to beneficiaries, though subject to ongoing appeals.[58] In a separate ruling, the same circuit permitted termination of TPS for Nepal, Honduras, and Nicaragua affecting 60,000 holders, finding DHS's reassessments of improved country conditions sufficient under APA review standards.[65] These decisions highlight judicial deference to executive discretion in foreign policy-related designations while scrutinizing procedural regularity, with outcomes varying by circuit and specific designation rationale.[66]
Current Designations
Active TPS Countries as of 2025
As of October 2025, Temporary Protected Status remains designated for nationals of ten countries experiencing conditions such as armed conflict, civil unrest, or extraordinary temporary disruptions that render return unsafe. These designations allow eligible individuals continuously residing in the United States since specified dates to obtain temporary relief from deportation and work authorization, subject to periodic re-registration and extensions determined by the Secretary of Homeland Security based on ongoing assessments.[1][32]The following table summarizes the active TPS countries:
Designations for these countries have been extended multiple times since initial grants under the Immigration Act of 1990, with expiration dates varying from late 2025 to 2026 pending further review; for instance, El Salvador's TPS continues through September 9, 2026, and Ukraine's through October 19, 2026.[37][43] Recent terminations for other nations, such as Nicaragua effective September 8, 2025, reflect determinations that conditions no longer warrant protection, though legal challenges have occasionally delayed implementations.[67] Estimated beneficiaries across active designations total approximately 800,000 to 1 million, contributing to U.S. labor markets while providing humanitarian relief.[1]
Recent Terminations and Pending Expirations
In 2025, the U.S. Department of Homeland Security (DHS), under Secretary Kristi Noem, terminated Temporary Protected Status (TPS) designations for several countries, reversing prior extensions and aligning with statutory requirements for temporary relief. These actions followed the non-renewal or explicit termination notices, with some effective immediately upon expiration of prior extensions and others subject to judicial review. For instance, the TPS designation for Nicaragua expired on July 5, 2025, ending protections for approximately 3,000 beneficiaries.[68] Similarly, Afghanistan's designation terminated on July 15, 2025, affecting around 7,000 individuals, as conditions were deemed no longer warranting continued protection.[54]Cameroon's TPS ended on August 4, 2025, impacting over 4,000 holders, based on DHS assessments that ongoing conflicts did not meet the extraordinary and temporary criteria under the Immigration Act.[51] For Venezuela, the 2021 designation's termination became effective November 7, 2025, while the 2023 designation was terminated earlier, with the U.S. Supreme Court lifting a stay on October 3, 2025, allowing immediate implementation and requiring re-verification of employment authorization for affected beneficiaries.[6] This affected hundreds of thousands, as prior court injunctions had prolonged benefits beyond initial terms.[69]Syria's TPS designation faces termination effective November 21, 2025, following a September 22, 2025, Federal Register notice citing stabilized conditions post-designation, though ongoing civil unrest persists.[51] Pending expirations include potential non-extensions for countries like South Sudan (September 3, 2025, baseline) and Burma (Myanmar, September 26, 2025), unless redesignated, with DHS evaluating based on current data rather than indefinite renewals.[54]Court stays, such as a July 31, 2025, order pausing terminations for Honduras, Nepal, and Nicaragua (though the latter had already lapsed), introduce uncertainty, with appeals ongoing in circuits like the Ninth.[70] These developments reflect efforts to enforce TPS's temporary intent, amid criticisms that prolonged designations undermine immigration enforcement.[3]
Impacts on the United States
Humanitarian and Demographic Effects
Temporary Protected Status (TPS) has offered humanitarian relief to nationals of designated countries by preventing their deportation amid ongoing armed conflicts, environmental catastrophes, or other extraordinary conditions, thereby averting potential harm upon return. As of March 31, 2025, approximately 1,297,635 individuals benefited from this protection across 17 countries, including major groups from Venezuela (over 280,000 in prior estimates), Haiti, and El Salvador.[54] This shield, granted under the Immigration Act of 1990, includes work authorization, enabling self-sufficiency and family support without reliance on public assistance, which has stabilized lives disrupted by home-country crises such as Venezuela's economic collapse or Haiti's political violence.[1][14]Despite these benefits, TPS's inherently temporary framework—lacking a path to permanent residency—has engendered prolonged legal limbo for beneficiaries, many of whom have resided in the U.S. for decades with U.S.-citizen children and spouses, fostering chronic uncertainty and psychological strain from repeated extension battles and termination threats.[71] Court interventions, such as delays in terminations for Haiti and Honduras, have extended protections but underscored the program's instability, as seen in the Supreme Court's October 3, 2025, ruling allowing Venezuela's TPS end, potentially exposing hundreds of thousands to repatriation risks amid unresolved crises.[6] Critics, including analyses from the Center for Migration Studies, argue this repeated deferral undermines genuine humanitarian intent by neither resolving root causes abroad nor permitting orderly integration, effectively stranding populations in perpetual suspension rather than providing decisive refuge.[71]Demographically, TPS has embedded foreign nationals into U.S. communities, particularly in high-concentration states like Florida (over 400,000 holders), Texas, and California, where they comprise significant shares of local foreign-born populations and contribute to ethnic diversification in sectors like construction and services.[54] Over 260,000 U.S.-citizen children and 320,000 U.S.-citizen adults reside in TPS households, creating intertwined family structures that resist removal and amplify long-term demographic persistence despite the program's "temporary" label.[21] This has led to localized shifts, with TPS populations—predominantly from Latin America and Africa—altering community compositions in urban areas, as evidenced by pre-2025 data showing Salvadoran TPS holders alone numbering over 236,000, many with multi-generational U.S. ties formed since initial designations in the early 2000s.[72] Such effects challenge the notion of transience, as extensions have functionally converted short-term protections into de facto semi-permanent residency for cohorts originally intended for repatriation once conditions improved.[71]
Economic Contributions and Fiscal Burdens
Temporary Protected Status (TPS) holders, totaling approximately 870,332 individuals as of the end of calendar year 2023, provide economic contributions primarily through authorized employment in labor-intensive sectors such as construction, agriculture, hospitality, and manufacturing.[72] In 2021, these workers and their households paid more than $2.2 billion in taxes, including nearly $1 billion to state and local governments and $1.3 billion to the federalgovernment, supporting entitlement programs like Social Security despite limited eligibility for benefits.[73][74] Over a ten-year period, TPS holders' contributions to Social Security and Medicare surpassed $6.9 billion, reflecting payroll taxes from sustained workforce participation.[54] TPS eligibility has been associated with increased employment rates among women and higher earnings among men, enhancing overall labor market output.[75]Specific nationalities under TPS designations, such as those from El Salvador, Honduras, and Haiti, generate an estimated $4.5 billion in combined pre-tax wages annually, filling critical gaps in low-wage industries where native-born workers are underrepresented.[76] Broader analyses project that continued TPS participation adds $22 billion in annual wages to the economy, bolstering GDP through consumer spending and productivity.[77] Terminating TPS for major groups could reduce U.S. GDP by $45.2 billion over a decade due to lost labor and associated economic activity.[78]Despite these inputs, TPS entails fiscal burdens, particularly at state and local levels, where costs for public services often exceed direct tax revenues from low-skilled holders. TPS beneficiaries are barred from most federal means-tested benefits, but their U.S.-citizen children—numbering in the hundreds of thousands—qualify for free public education, Medicaid, and nutrition programs, driving expenditures estimated in the billions annually across high-TPS states like California, Texas, and Florida.[79] The 2021-2023 immigration surge, inclusive of TPS extensions, imposed a net state and local cost of $9.2 billion in 2023, equivalent to 0.3% of total spending net of federal aid, largely from education and healthcare demands.[80]Long-term net fiscal impacts remain debated, with TPS holders' profiles—predominantly low-education and from developing economies—mirroring those of other unauthorized or humanitarian migrants who impose lifetime costs exceeding contributions by factors of 2-3 times at all government levels, per demographic modeling of similar cohorts.[81][82] Federal analyses of comparable refugee and asylee flows show positive net impacts ($123.8 billion over 15 years) driven by revenue growth, but state-level strains persist from uncompensated service delivery.[83] Advocacy groups emphasize gross contributions while downplaying dependency effects, whereas fiscal conservatives highlight systemic undercounting of indirect costs like infrastructure strain in analyses from outlets like the House Budget Committee.[79] Overall, short-term labor and tax inflows provide a partial offset, but demographic realities suggest sustained TPS extensions amplify net burdens without offsetting skill-based reforms.
Criticisms and Policy Debates
Erosion of Temporary Nature
Although Temporary Protected Status (TPS) was established under the Immigration Act of 1990 to provide short-term relief from deportation for nationals of countries facing ongoing armed conflict, environmental disasters, or other extraordinary conditions, with initial designations limited to 6-18 months and subsequent extensions requiring reassessment of conditions, the program has in practice resulted in prolonged protections for hundreds of thousands of beneficiaries.[2] As of March 31, 2025, approximately 1.3 million individuals from 17 designated countries held TPS, many having resided in the United States for over two decades due to successive extensions by the Department of Homeland Security (DHS).[3]El Salvador exemplifies this pattern: designated for TPS on March 9, 2001, following devastating earthquakes, the status has been extended more than 20 times, spanning over 24 years as of 2025, despite periods of improved stability under President Nayib Bukele's security measures that reduced homicide rates by over 90% since 2019.[37] Similarly, Honduras, designated in 1999 after Hurricane Mitch, and Nicaragua, added in 1999 for environmental and political reasons, have seen continuous renewals exceeding 25 years, protecting around 86,000 Hondurans and 5,000 Nicaraguans as of early 2025.[21] These extensions, often justified by DHS on grounds of persistent violence or economic fragility, have rarely led to termination, even when originating conditions abate, fostering what critics describe as a de facto permanent residency without congressional approval for lawful permanent status.[84]Critics, including immigration restriction advocates and some policymakers, argue that this repeated renewal undermines the program's statutory temporary intent, effectively granting indefinite humanitarian parole that circumvents standard immigration pathways and encourages reliance on administrative discretion over legislative reform.[14] For instance, attempts by the Trump administration to terminate TPS for El Salvador, Honduras, and other nations between 2017 and 2021—citing improved conditions—were halted by federal courts, including injunctions from the Ninth Circuit, which required DHS to consider ancillary factors like U.S. community integration, leading to reversals or redesignations under the Biden administration that extended protections through 2026 for several countries.[85] This judicial and executive dynamic has perpetuated TPS as a long-term solution, with only a handful of the 18 historical designations fully terminated since 1990, primarily for smaller populations.[3]The erosion is attributed to political incentives, including lobbying by affected communities and bipartisan reluctance to enforce removals amid humanitarian rhetoric, despite evidence that many TPS holders have integrated economically—87% of Salvadoran beneficiaries participate in the labor force—yet the lack of a defined endpoint distorts immigration policy by prioritizing executive extensions over periodic congressional oversight.[21] Proponents of reform contend that without statutory limits on extension duration or mandatory termination triggers, TPS functions as administrative amnesty, straining resources and incentivizing non-return even as home countries stabilize.[86] As of October 2025, ongoing extensions for high-population designations like El Salvador (approximately 250,000 beneficiaries) through September 2026 illustrate the persistence of this trend.[87]
Incentives for Irregular Migration and Abuse
The repeated extensions and re-designations of Temporary Protected Status (TPS) have been criticized for undermining the program's temporary intent, effectively shielding illegal entrants from deportation and creating expectations of de facto permanent residency. For instance, initial TPS designations require continuous physical presence in the United States as of the designation date, but subsequent re-designations expand eligibility to those arriving after the original cutoff, rewarding irregular migration timed to precede new deadlines. This mechanism, as seen in the 2023 re-designation of Venezuela, allowed an additional approximately 472,000 Venezuelans—many of whom entered illegally post-2021—to qualify by demonstrating presence as of July 31, 2023, thereby incentivizing rushed border crossings in anticipation of administrative expansions.[88][89]Empirical data illustrate the pull effect: U.S. Customs and Border Protection recorded negligible Venezuelan encounters prior to the March 2021 TPS designation, but fiscal years 2023 and 2024 each saw over 300,000 encounters from Venezuela, coinciding with extensions and re-designations that signaled ongoing protections and work authorization. Critics, including congressional oversight reports, argue this surge reflects migrants' rational response to perceived amnesty pathways, as TPS beneficiaries gain employment eligibility and deportation relief, often leading to family-based adjustment of status applications once numerical caps ease. Such patterns have prompted warnings from restrictionist analysts that TPS expansions act as a magnet for irregular flows, diverting resources from genuine refugees and eroding enforcement credibility.[88][90][89]Abuse manifests in fraudulent applications exploiting lax verification, including fabricated evidence of pre-designation presence or ties to designated countries, though systemic data on TPS-specific fraud remains limited compared to broader immigration schemes. House Judiciary Committee investigations have highlighted administrative overreach, such as designating nations like Venezuela despite improving conditions or alternative safe havens, which sustains illegal populations estimated at over 500,000 TPS holders from that country alone by late 2024. These practices, spanning administrations but accelerated under Biden-Harris policies, foster chain migration via derivative benefits and undermine congressional intent for temporariness, as no initial TPS cohort has ever fully terminated without extension or conversion to another status.[88][90]
Proposed Reforms and Alternatives
Critics of the Temporary Protected Status (TPS) program have proposed reforms to restore its intended temporary nature by limiting executive discretion in designations and extensions, arguing that repeated renewals undermine statutory limits and encourage prolonged stays without congressional oversight.[2] The TPS Reform Act of 2025 (H.R. 4201), introduced by Representative Chip Roy on June 26, 2025, seeks to amend the Immigration and Nationality Act to require congressional approval for initial TPS designations and extensions beyond 18 months, thereby preventing unilateral executive actions that have extended protections for over three decades in some cases.[91][92] Proponents contend this would align TPS with its original humanitarian purpose under the Immigration Act of 1990, which envisioned short-term relief rather than de facto permanent residency.[2]In contrast, advocates for expanded protections have introduced legislation to provide pathways to lawful permanent residency (LPR) for TPS holders, viewing the program as a foundation for integration given beneficiaries' established U.S. ties and contributions. Senator Ron Wyden reintroduced the TPS and DED Protection Act on June 23, 2025, which would grant eligible TPS and Deferred Enforced Departure (DED) recipients a direct route to green cards after meeting residency and background requirements, potentially affecting hundreds of thousands from countries like El Salvador and Haiti.[93] Supporters argue this addresses the limbo faced by long-term TPS holders—estimated at over 700,000 as of 2025—who face deportation upon expiration despite U.S. employment and family presence, though opponents warn it incentivizes further irregular migration by signaling amnesty.[3][2]Alternative policy frameworks include integrating TPS decisions with broader asylum reforms to reduce overlaps and backlogs, such as establishing fixed statutory criteria for designations based on verifiable conditions like ongoing armed conflict or natural disasters exceeding a defined threshold, rather than discretionary renewals.[94] Some proposals advocate phasing out TPS in favor of enhanced refugee admissions or targeted humanitarian parole for acute crises, arguing that the program's open-ended structure has led to abuse, with evidence showing increased migration from designated countries post-announcement.[2][95] Under potential executive actions outlined in conservative policy agendas, such as those influencing the second Trump administration, non-renewal of existing designations could prioritize repatriation support and bilateral agreements with origin countries to build capacity for returns, aiming to deter future designations without legislative pathways.[96] These alternatives emphasize causal links between TPS extensions and sustained unauthorized inflows, prioritizing enforcement over expansion.[95]