Temporary Protected Status:
Current Immigration Policy and Issues
Ruth Ellen Wasem
Specialist in Immigration Policy
Karma Ester
Information Research Specialist
December 13, 2011April 2, 2012
Congressional Research Service
7-5700
www.crs.gov
RS20844
CRS Report for Congress
Prepared for Members and Committees of Congress
Temporary Protected Status: Current Immigration Policy and Issues
Summary
When civil unrest, violence, or natural disasters erupt in spots around the world, concerns arise
over the safety of foreign nationals from these troubled places who are in the United States.
Provisions exist in the Immigration and Nationality Act (INA) to offer temporary protected status
(TPS) or relief from removal under specified circumstances. A foreign national who is granted
TPS receives a registration document and an employment authorization for the duration of TPS.
The United States currently provides TPS or deferred enforced departure (DED) to over 300,000
foreign nationals from a total of seveneight countries: El Salvador, Haiti, Honduras, Liberia,
Nicaragua, Somalia, and Sudan. Liberians have Nicaragua,
Somalia, Sudan, and most recently Southern Sudan and Syria. Liberians had relief from removal
for the longest period,
first receiving TPS in March 1991 following the outbreak of civil war.
The devastation caused by the January 12, 2010, earthquake in Haiti prompted calls for the
Administration of President Barrack Obama to grant TPS to Haitians in the United States at the
time of the earthquake. The scale of current humanitarian crisis—estimated thousands of Haitians
dead and reported total collapse of the infrastructure in the capital city of Port au Prince—led the
Department of Homeland Security (DHS) to announce on January 13, 2010, that it is temporarily
halting the deportation of Haitians. On January 15, 2010, DHS Secretary Janet Napolitano
granted TPS to Haitians in the United States at the time of the earthquake. On May 17, 2011, TPS
for Haitians was extended until January 22, 2013 first receiving TPS in March 1991 following the outbreak of civil war and
ultimately ending DED on September 30, 2011.
On March 29, 2012, Secretary of Homeland Security Janet Napolitano designated the Syrian Arab
Republic (Syria) for TPS through September 30, 2013, citing temporary extraordinary conditions
that would make it unsafe for Syrian nationals already in the United States to return to the
country. Over the past year, the uprising against Syrian President Bashar al Asad has escalated to
the point that the nation verges on a civil war. The government crackdown in Syria has reportedly
killed over 8,000 people since March 2011.
Under the INA, the executive branch grants TPS or relief from removal. Congress, however, has
also provided TPS legislatively. Legislation pertaining to TPS has been introduced in the 112th
Congress.
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Temporary Protected Status: Current Immigration Policy and Issues
Contents
Background...................................................................................................................................... 1
Humanitarian Migrants.................................................................................................................... 1
Temporary Protected Status ............................................................................................................. 2
Other Blanket Forms of Relief......................................................................................................... 3
Nationalities Receiving Temporary Protections .............................................................................. 3
Issues................................................................................................................................................ 5
HaitiansSyrians ....................................................................................................................................... 5
Other Nations Affected by Natural Disasters Haitians.............................................................................. 6
Liberians........................................................ 5
Other Nations Affected by Natural Disasters ............................................................................ 6
Central Americans Liberians.................................................................................................................................... 6
Central Americans .... 6
Peruvians and Colombians ................................................................................................................. 7
Adjustment of Status ................................................................................................................. 7
Recent Legislation ........................................................................................................................... 7
Tables
Table 1. Countries Whose Nationals in the United States Currently Benefit from
Temporary Protected Status and Deferred Enforced Departure.................................................... 4
Contacts
Author Contact Information............................................................................................................. 8
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Temporary Protected Status: Current Immigration Policy and Issues
Background
The Immigration and Nationality Act (INA) provides that all aliens (i.e., persons who are not
citizens or nationals of the United States) must enter pursuant to the INA. The major categories of
aliens are immigrants, refugees and asylees (all admitted for or adjusted to legal permanent
residence), and nonimmigrants (admitted for temporary reasons, e.g., students, tourists, or
business travelers). Aliens who lack proper authorization are generally of two kinds: those who
entered the United States without inspection according to immigration procedures, or those who
entered the United States on a temporary visa and have stayed beyond the expiration date of the
visa. Unauthorized aliens of both kinds are subject to removal.
As a signatory to the United Nations Protocol Relating to the Status of Refugees (hereinafter,
U.N. Protocol), the United States agrees to the principle of nonrefoulement, which means that it
will not return an alien to a country where his life or freedom would be threatened.
Nonrefoulement is embodied in several provisions of U.S. immigration law. Most notably, it is
reflected in the provisions requiring the government to withhold the removal of aliens to a
country in which the alien’s life or freedom would be threatened on the basis of race, religion,
nationality, membership in a particular social group, or political opinion.1
Humanitarian Migrants
Not all humanitarian migrants are eligible for asylum or refugee status. The legal definition of
asylum in the INA is consistent with the U.N. Protocol, which specifies that a refugee is a person
who is unwilling or unable to return to his country of nationality or habitual residence because of
a well-founded fear of persecution on account of race, religion, nationality, membership in a
particular social group, or political opinion. The definitions of refugee and asylee are essentially
the same in the INA, with the notable difference being the physical location of the persons
seeking the status. Those who are in the United States or at a U.S. port of entry apply for asylum,
while those who are displaced abroad apply for refugee status. The standards of proof and
minimum thresholds are similar, but the procedures and priorities are quite different.2
If the motivation of the migrant is determined to be economic improvement rather than the
political reasons that underpin the legal definition, the person is not considered eligible for
asylum. This distinction is sometimes difficult to discern, because persecution as well as war may
lead to economic hardships, and economic deprivation may trigger persecution or insurrection.
Since factors such as extreme poverty, deprivation, violence, and the dislocation brought on by
famines or natural disasters may evoke a humanitarian response, the term humanitarian migrants
encompasses all those who emigrate to the United States for such reasons, including those who
receive asylum.3
1
Section 208 of INA (8 U.S.C. §1158); Section 241(b)(3) of INA (8 U.S.C. §1231); and Section 101(a) of INA (8
U.S.C. §1101(a)(42)).
2
CRS Report RL32621, U.S. Immigration Policy on Asylum Seekers, by Ruth Ellen Wasem; and CRS Report
RL31269, Refugee Admissions and Resettlement Policy, by Andorra Bruno.
3
The term “humanitarian migrant” is not defined in the INA, nor, in this context, is it meant to imply that a
sympathetic policy response is warranted. Rather, it refers to factors underlying the alien’s justification for
immigration.
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The concept of “safe haven” embraces humanitarian migrants. It covers those who may not meet
the legal definition of refugee but are nonetheless fleeing potentially dangerous situations. Safe
haven also assumes that the host country, in this instance the United States, is the first country in
which the fleeing alien arrives safely, or is the country where the alien is temporarily residing
when the unsafe conditions occur. Safe haven is implicitly temporary in nature because it is given
prior to any decision on the long-term resolution of the alien’s status. It is also a form of blanket
relief because it is premised on more generalized conditions of turmoil or deprivation in the
country of origin, in contrast to the individual circumstances weighed in the case-by-case asylum
process.
In terms of permanent residence over the long term, the United States endorses the internationally
held position that voluntary repatriation is the best outcome for refugees. Resettlement in the
country to which the asylum seeker fled is considered a secondary option, and resettlement in a
third country as the last alternative.
Temporary Protected Status
Temporary Protected Status (TPS) is the statutory embodiment of safe haven for those aliens who
may not meet the legal definition of refugee but are nonetheless fleeing—or reluctant to return
to—potentially dangerous situations. TPS is blanket relief that may be granted under the
following conditions: there is ongoing armed conflict posing serious threat to personal safety; a
foreign state requests TPS because it temporarily cannot handle the return of nationals due to
environmental disaster; or there are extraordinary and temporary conditions in a foreign state that
prevent aliens from returning, provided that granting TPS is consistent with U.S. national
interests.4
The Secretary of Homeland Security, in consultation with the Secretary of State, can issue TPS
for periods of 6 to 18 months and can extend these periods if conditions do not change in the
designated country.5 To obtain TPS, eligible aliens report to U.S. Citizenship and Immigrant
Services (USCIS) in the Department of Homeland Security (DHS), pay a processing fee, and
receive registration documents and a work authorization. The major requirements for aliens
seeking TPS are proof of eligibility (e.g., a passport issued by the designated country, continuous
physical presence in the United States since the date TPS went into effect, timely registration, and
being otherwise admissible as an immigrant). The regulation specifies grounds of inadmissibility
that cannot be waived, including those relating to criminal convictions and the persecution of
others.6
Aliens who receive TPS are not on an immigration track that leads to permanent residence or
citizenship. The “temporary” nature of TPS is apparent in the regulation. DHS has made clear that
information it collects when an alien registers for TPS may be used to institute exclusion or
4
§Section 244 of INA (8 U.S.C. §1254a).
Under the Homeland Security Act of 2002 (P.L. 107-296), the former Immigration and Naturalization Service was
transferred to the Department of Homeland Security. As a part of this transfer, the responsibility for administering the
TPS was transferred from the Attorney General in the Department of Justice to the Secretary of the Department of
Homeland Security (DHS). DHS’s U.S. Citizenship and Immigrations Services (USCIS) administers TPS.
6
8 U.S.C. §240.
5
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deportation proceedings upon the denial, withdrawal or expiration of TPS.7 Moreover, the TPS
provision in the INA states that a bill or amendment that provides for the adjustment to lawful
temporary or legal permanent resident (LPR) status for any alien receiving TPS requires a
supermajority vote in the Senate (i.e., three-fifths of all Senators) voting affirmatively.8
Other Blanket Forms of Relief
In addition to TPS, the Attorney General has provided, under certain conditions, discretionary
relief from deportation so that aliens who have not been legally admitted to the United States may
remain in this country either temporarily or permanently. The statutory authority cited by the
agency for these discretionary procedures is generally that portion of immigration law that
confers on the Attorney General the authority for general enforcement and the section of the law
covering the authority for voluntary departure.9 Such blanket relief is an exercise of the discretion
of the Attorney General, and thus, the Secretary of State need not be consulted.
Prior to the enactment of TPS, the Attorney General provided relief by means of the suspension
of enforcement of the immigration laws against a particular group of individuals. The two most
common discretionary procedures to provide relief from deportation have been deferred departure
or deferred enforced departure (DED) and extended voluntary departure (EVD). The
discretionary procedures of DED and EVD continue to be used to provide relief the
Administration feels is appropriate, and the executive branch’s position is that all blanket relief
decisions require a balance of judgment regarding foreign policy, humanitarian, and immigration
concerns. Unlike TPS, aliens who benefit from EVD or DED do not necessarily register for the
status with USCIS, but they trigger the protection when they are identified for deportation. If,
however, they wish to be employed in the United States, they must apply for a work authorization
from USCIS.
Nationalities Receiving Temporary Protections
Aliens from seveneight countries currently have TPS. The estimated number of aliens currently
protected range from 300 Somalians to 217,000 Salvadorans. In 1990, when Congress enacted the
TPS statute, it also granted TPS for one year to nationals from El Salvador who were residing in
the United States. Subsequently, the Attorney General, in consultation with the State Department,
granted TPS to aliens in the United States from the following countries: Liberia from March 1991
to October 2007; Kuwait from March 1991 to March 1992; Rwanda from June 1995 to December
1997; Lebanon from March 1991 to March 1993; the Kosovo Province of Serbia from June 1998
to December 2000; Bosnia-Herzegovina from August 1992 to February 2001; Angola from March
29, 2000, to March 29, 2003; Sierra Leone from November 4, 1997, to May 3, 2004; and Burundi
from November 4, 1997, to May 2, 2009.
7
Ibid.
§244(h) of INA (8 U.S.C. §1254a).
9
§
Rather than extending Salvadoran TPS when it expired in 1992, the former Bush Administration
granted DED to what was then estimated as 190,000 Salvadorans through December 1994. The
7
Ibid.
Section 244(h) of INA (8 U.S.C. §1254a).
9
Section 240 of INA (8 U.S.C. §1229a); §240B (8 U.S.C. §1229c).
8
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Rather than extending Salvadoran TPS when it expired in 1992, the former Bush Administration
granted DED to what was then estimated as 190,000 Salvadorans through December 1994.10 The
first Bush Administration also granted DED to about 80,000 Chinese following the Tiananmen
Square massacre in June 1989, and the Chinese retained DED through January 1994. In
December 1997, President Clinton instructed the Attorney General to grant DED to the Haitians
for one year due to country conditions.1110 Although their TPS was not renewed, Liberians have
been were
granted DED through September 30, 2011.
On July 9, 2011, South Sudan became a new nation.11 With South Sudan’s independence from the
Republic of Sudan, which has had TPS since 1997, some became concerned aboutquestioned their continued
eligibility for
TPS under the Sudan designation. With the new designation of South Sudan, some
individuals individuals
now qualify for TPS under the South Sudanese designation, while others may still
qualify under the Sudan designation.
the Sudan designation.12 On March 29, 2012, Secretary of Homeland Security Janet Napolitano
designated the Syrian Arab Republic (Syria) for TPS through September 30, 2013, citing
temporary extraordinary conditions that would make it unsafe for Syrian nationals already in the
United States to return to the country.13
Table 1. Countries Whose Nationals in the United States Currently Benefit
from Temporary Protected Status and Deferred Enforced Departure
Country
Status
Dates
Estimated Numbera
El Salvador
TPS
March 2, 2001-March 9, 2012
217September 9, 2013
212,000
Haiti
TPS
January 15, 2010-January 22, 2013
48,000
Honduras
TPS
December 30, 1998-January 5, 2012
66July 5, 2013
64,000
Nicaragua
TPS
December 30, 1998- January 5, 2012July 5, 2013
3,000
Somalia
TPS
September 16, 1991-September 17, 2012
Southern
Sudan
TPS
November 3, 20012011- May 2, 2013
Sudan
TPS
November 4, 1997-November 2, 2011
300
b
340May 2, 2013
Syria
TPS
March 23, 2012-September 30, 2013
300
b
340
2,500-3,000
Source: CRS compilation of USCIS data.
a.
Estimates based upon USCIS data for designated status or work authorizations. These approximate
numbers do not necessarily include all aliens from the countries who are in the United States and might be
eligible for the status. USCIS updates these numbers when it renews TPS for nationals from a given country.
b.
DHS estimates that the combined total of Sudanese and South Sudanese eligible for TPS under the initial
designation and extension of Sudan to be approximately 340. Some of these individuals may re-register for
Sudan TPS, and others may be able to change their registration from Sudan to South Sudan.
10
For historical analysis, see out of print CRS Report 97-810, Central American Asylum Seekers: Impact of 1996
Immigration Law, by Ruth Ellen Wasem (available upon request.)
11
In the past, EVD status has been given to Poles (July 1984 to March 1989), Nicaraguans (July 1979 to September
1980), Iranians (April to December 1979), and Ugandans (June 1978 to September 1986). Lebanese had been handled
sympathetically as a group, getting EVD on a case-by-case basis since 1976, prior to receiving TPS from 1991 to 1993.
Other countries whose nationals have benefitted in the past from a status similar to EVD include Cambodia, Cuba,
Chile, Czechoslovakia, Dominican Republic, Hungary, Laos, Rumania, and Vietnam.
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Issues
11
CRS Report R41900, The Republic of South Sudan: Opportunities and Challenges for Africa’s Newest Country, by
Ted Dagne.
12
U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of
South Sudan for Temporary Protected Status,” 76, 198 Federal Register 63629-63635, October 13, 2011.
13
U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab
Republic for Temporary Protected Status,” 77, 61 Federal Register 19026-19030, March 29, 2012.
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Issues
Syrians
Foreign nationals from Syria are among those subject to additional security screenings and
background checks in order to obtain a visa to come to the United States because Syria is deemed
a state sponsor of terrorism.14 Over the past year, the uprising against Syrian President Bashar al
Asad has escalated to the point that the nation verges on civil war. The government crackdown in
Syria has reportedly killed over 8,000 people since last year. According to the U.N. High
Commissioner for Refugees (UNHCR), as of March 23, 2012, over 41,000 Syrians had fled to
other countries, including Turkey (17,000), Lebanon (16,000), and Jordan (8,500).15 DHS
Secretary Napolitano said “conditions in Syria have worsened to the point where Syrian nationals
already in the United States would face serious threats to their personal safety if they were to
return to their home country.” Secretary Napolitano has reiterated that DHS would conduct full
background checks on Syrians registering for TPS.16
Haitians
The devastation caused by the January 12, 2010, earthquake in Haiti prompted calls for the
Obama Administration to grant TPS to Haitians in the United States at the time of the earthquake.
The issue of Haitian TPS has arisen several times in the past few years, most notably after the
U.S. Ambassador declared Haiti a disaster in September 2004 due to the magnitude of the effects
of Tropical Storm Jeanne. More recently, aA series of tropical cyclones in 2008 resulted in
hundreds of deaths and
led some to label the city of Gonaives uninhabitable.1217 The Administration
of President George
W. Bush did not to grant TPS or other forms of blanket relief to Haitians, nor
was legislation that
would have provided TPS to Haitians, such as H.R. 522 in the 110th Congress,
enacted.
Opponents to Haitian TPS traditionally argue that it would result in an immigration
amnesty for
unauthorized Haitians and foster illegal migration from the island.1318 The scale of
current humanitarian crisis humanitarian
crisis after the earthquake—estimated thousands of Haitians dead and reported total collapse of
the infrastructure in the capital city of Port au Prince—led DHS to announce on January 13, 2010,
that it iswould temporarily haltinghalt the deportation of Haitians. “TPS is in the range of considerations we
we consider in a disaster,” stated DHS Deputy Press Secretary Matthew Chandler, “but our focus
remains on saving lives.”14
19
14
No nonimmigrant visa under §101(a)(15) of the INA shall be issued to any alien from a country that is a state
sponsor of international terrorism unless the Secretary of State determines, in consultation with the Attorney General
and the heads of other appropriate United States agencies, that such alien does not pose a threat to the safety or national
security of the United States.
15
CRS Report RL33487, Unrest in Syria and U.S. Sanctions Against the Asad Regime, by Jeremy M. Sharp and
Christopher M. Blanchard.
16
Secretary of Homeland Security Janet Napolitano, “Temporary Protected Status (TPS) for Syrian Nationals,” press
release, March 23, 2012, http://www.dhs.gov/ynews/releases/20120323-napolitano-statement-syria-tps.shtm.
17
Trenton Daniel and Jacqueline Charles, “Mud and Misery Rule Storm-Ravaged City,” Miami Herald, November 2,
2008, p. A1.
18
CRS Report RS21349, U.S. Immigration Policy on Haitian Migrants, by Ruth Ellen Wasem.
19
Toluse Olorunnipa and Alfonso Chardy, “U.S. Halts Deportation of Undocumented Haitians Due to Earthquake,”
Miami Herald, January 13, 2010.
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On January 15, 2010, DHS Secretary Janet Napolitano granted TPS for 18 months to Haitian
nationals who were in the United States as of January 12, 2010. She stated: “Providing a
temporary refuge for Haitian nationals who are currently in the United States and whose personal
safety would be endangered by returning to Haiti is part of this Administration’s continuing
efforts to support Haiti’s recovery.”1520 On July 13, 2010, Secretary Napolitano announced an
extension of the TPS registration period for Haitian nationals. Citing the difficulties nationals
were experiencing in obtaining documents to establish identity and nationality, and the difficulty
in gathering the funds required to apply for TPS, the registration period was extended through
January 18, 2011.1621
Secretary Napolitano extended and re-designated TPS for Haitians on May 17, 2011. The
extension becomes effective July 23, 2011, and enables eligible individuals who arrived up to one
year after the earthquake in Haiti to receive TPS. The re-designation targets individuals who were
allowed to enter the United States immediately after the earthquake on temporary visas or
humanitarian parole but were not covered by the initial TPS grant. The extension and redesignation is for a period of 18 months, through January 22, 2013.17
12
Trenton Daniel and Jacqueline Charles, “Mud and Misery Rule Storm-Ravaged City,” Miami Herald, November 2,
2008, p. A1.
13
CRS Report RS21349, U.S. Immigration Policy on Haitian Migrants, by Ruth Ellen Wasem.
14
Toluse Olorunnipa and Alfonso Chardy, “U.S. Halts Deportation of Undocumented Haitians Due to Earthquake,”
Miami Herald, January 13, 2010.
15
U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15,
2010.
16
U.S. Citizenship and Immigration Services, “Extension of the Initial Registration Period for Haitians Under the
Temporary Protected Status Program,” 75 Federal Register 39957, July 13, 2010.
17
U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of Temporary Protected Status
for Haitian Beneficiaries,” press release, May 17, 2011.
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Other Nations Affected by Natural Disasters
As a result of the natural disasters in recent years that devastated Peru, Pakistan, Sri Lanka, India,
Indonesia, Thailand, Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh,
and Kenya, some called for the Administration to grant TPS to nationals from these countries.
Proponents maintained that these countries could not handle the return of nationals due to the
environmental disasters and that there are extraordinary and temporary conditions that prevent
these people from returning safely. Few issued public statements in opposition, and the
Administration did not take a position on these countries.
Liberians
Liberians have had relief from removal for the longest period of those who currently have TPS or
other have had TPS or other
forms of blanket relief from deportation. They first received TPS in March 1991 following
the the
outbreak of civil war. In 1999, approximately 10,000 Liberians in the United States were
given given
DED after their TPS expired September 28, 1999. Their DED status was subsequently
extended extended
to September 29, 2002. On October 1, 2002, Liberia was redesignatedre-designated for TPS for a
period of 12
months, and the status continued to be extended. On September 20, 2006, however,
the Bush
Administration announced that Liberian TPS would expire on October 1, 2007, and they
were were
once again granted DED until March 31, 2009. On March 23, 2009, President Obama
extended extended
DED for Liberians until March 31, 2010, and on March 18, 2010, President Obama
once again
extended DED for Liberians through September 30, 2011.1823
20
U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15,
2010.
21
U.S. Citizenship and Immigration Services, “Extension of the Initial Registration Period for Haitians Under the
Temporary Protected Status Program,” 75 Federal Register 39957, July 13, 2010.
22
U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of Temporary Protected Status
for Haitian Beneficiaries,” press release, May 17, 2011.
23
U.S. Citizenship and Immigration Services, “Filing Procedures and Automatic Extension of Employment
Authorization and Related Documentation for Liberians Provided Deferred Enforced Departure,” 75 Federal Register
(continued...)
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Central Americans
Whether to grant blanket relief to nationals from neighboring Central American countries has
perplexed policy makers for several decades. The only time Congress has specifically granted
TPS was in 1990 to nationals of El Salvador. 24 In the aftermath of Hurricane Mitch in November
1998, then-Attorney General Janet Reno announced that she would temporarily suspend the
deportation of aliens from El Salvador, Guatemala, Honduras, and Nicaragua. On December 30,
1998, the Attorney General designated TPS for undocumented Hondurans and Nicaraguans in the
United States as of that date because, they maintained, Honduras and Nicaragua had such
extraordinary displacement and damage from Hurricane Mitch as to warrant TPS. Prior to leaving
office in January, the Clinton Administration said it would temporarily halt deportations to El
Salvador. In 2001, the Bush Administration decided to grant TPS to Salvadorans following two
earthquakes that rocked El Salvador. Proponents of granting TPS to the Central Americans
maintain it is an appropriate humanitarian response because people should not be forced to return
to countries devastated by the natural disaster. Opponents fear TPS for those Central Americans
in the United States would serve as a magnet, prompting many of them to seek entry to the United
States.
18
U.S. Citizenship and Immigration Services, “Filing Procedures and Automatic Extension of Employment
Authorization and Related Documentation for Liberians Provided Deferred Enforced Departure,” 75 Federal Register
15715, March 30, 2010.
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Peruvians and Colombians
Violence growing out of the drug war and insurgencies have prompted some to request TPS for
nationals in the United States from Peru and Colombia. The proponents are not asserting that the
governments of these countries are repressing people or violating human rights; rather, they
maintain that illegal forces within the country are creating dangerous conditions that the
governments have not been successful in remedying. Others maintain that many countries around
the world are comparably dangerous and that conditions in Peru and Colombia do not warrant
TPS.
Adjustment of Status
Because aliens granted TPS, EVD, or DED are not eligible to become legal permanent residents
(LPRs) in the United States, a special act of Congress is required for such aliens to adjust to LPR
status.1925 Legislation that would allow nationals from various countries that have had TPS to adjust
to LPR status has been introduced in past Congresses, but not enacted. Similar provisions have
also been included as part of comprehensive immigration reform legislation.2026
Recent Legislation
Legislation addressingpertaining to TPS had been introduced in the 112th Congress. On January 12, 2011, the
the Pakistani Temporary Protected Status Act of 2011 (H.R. 285) was introduced in response to
displaced persons following the massive flooding in Pakistan that occurred in July 2010. The bill
would make nationals of Pakistan who had been continuously present in the United States since
July 22, 2010, eligible for TPS for an initial 12-month period. The bill was referred to the House
Subcommittee on Immigration Policy and Enforcement on February 7, 2011. The HALT Act (H.R.
2497/S. 1380) was introduced in July 2011, and would suspend the designation or resignation of
a country for TPS. Both bills were referred to committee but no further action has been taken on
either.
19
Legislation that would enable Liberians to adjust to LPR status, the Liberian Refugee
Immigration Fairness Act of 2011 (H.R. 1293/S. 656), has been introduced in both chambers and
included in the Comprehensive Immigration Reform Act of 2011 (S. 1258).
(...continued)
15715, March 30, 2010.
24
For historical analysis, see out of print CRS Report 97-810, Central American Asylum Seekers: Impact of 1996
Immigration Law, by Ruth Ellen Wasem (available upon request.)
25
For example, Congress enacted legislation in 1992 that allowed Chinese who had deferred enforced departure
following the Tiananmen Square massacre to adjust to LPR status (P.L. 102-404). The 105th Congress passed
legislation enabling Haitians to adjust status (P.L. 105-277).
2026
CRS Report R40848, Immigration Legislation and Issues in the 111th Congress, coordinated by Andorra Bruno; CRS
Report RL34204, Immigration Legislation and Issues in the 110th Congress, coordinated by Andorra Bruno; and CRS
Report RS22111, Alien Legalization and Adjustment of Status: A Primer, by Ruth Ellen Wasem.
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The HALT Act (H.R. 2497/S. 1380) would, among other provisions, suspend the designation or
re-designation of a country for TPS until January 2013. The House Committee on the Judiciary
Subcommittee on Immigration Policy and Enforcement held a hearing on H.R. 2497 on July 26,
2011, but no further action has been taken in either chamber.
Author Contact Information
Ruth Ellen Wasem
Specialist in Immigration Policy
rwasem@crs.loc.gov, 7-7342
Congressional Research Service
Karma Ester
Information Research Specialist
kester@crs.loc.gov, 7-3036
8