Temporary Protected Status: Overview and
October 26, 2020
Current Issues and Deferred
April 9, 2021
Enforced Departure
Jill H. Wilson
When civil unrest, violence, or natural disasters erupt in countries around the world, concerns
When civil unrest, violence, or natural disasters erupt in countries around the world, concerns
Analyst in Immigration
Analyst in Immigration
arise over the ability of foreign nationals
arise over the ability of foreign nationals
present in the United States in the United States
from those countries to safely
Policy
who are from those
Policy
countries to safely return. Provisions return. Provisions
exist in the Immigration and Nationality Act (INA) in the Immigration and Nationality Act (INA)
to offer temporary
provide for
temporary protected status (TPS) and other forms of relief from removal under specified circumstances. The protected status (TPS) and other forms of relief from removal under specified circumstances. The
Secretary of Homeland Security has the discretion to designate a country for Secretary of Homeland Security has the discretion to designate a country for
TPS for periods of 6 TPS for periods of 6
to 18 months and can extend these periods if the country continues to meet the conditions for to 18 months and can extend these periods if the country continues to meet the conditions for
designation. Congress has also provided TPS legislatively. A foreign national designation. Congress has also provided TPS legislatively. A foreign national
from a designated country who is granted TPS receives a registration who is granted TPS receives a registration
document and employment authorization for the duration of the TPS designation. document and employment authorization for the duration of the TPS designation.
The United States currently provides TPS toAs of March 11, 2021, approximately approximately
411320,000 foreign nationals ,000 foreign nationals
living in the United States were protected by TPS. They are from 10 countries: El Salvador, Haiti, from 10 countries: El Salvador, Haiti,
Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen.
Certain Liberians maintain relief under a similar administrative mechanism known as Deferred Enforced Departure (DED), which is due to expire on January 10, 2021. Since September 2017, the Secretary of Homeland Security has announced the termination ofIn March 2021, the Biden Administration designated two more countries for TPS: Venezuela and Burma. The Trump Administration terminated TPS for six countries— TPS for six countries—
El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan—El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan—
and extensions of TPS for Somalia, South Sudan, Syria, and Yemen. Several lawsuits have been filed challenging the TPS termination decisions.
but these terminations have not taken effect due to litigation. Certain Liberians and Venezuelans currently maintain relief under a similar administrative mechanism known as Deferred Enforced Departure (DED).
Multiple measures related to TPS were introduced in the 116th Congress. They included provisions to add new TPS designations (e.g., Venezuela or Hong Kong) and prohibit gang members or those without lawful status from receiving TPS. There is ongoing debate about whether foreign nationals who have been living in the United States for long periods of time There is ongoing debate about whether foreign nationals who have been living in the United States for long periods of time
with TPS or DED should have a pathway to lawful permanent resident (LPR) status. with TPS or DED should have a pathway to lawful permanent resident (LPR) status.
Various proposals related to TPS have been introduced in the 116th Congress, including to expand the program to additional countries (e.g., Venezuela or Hong Kong), provide a pathway to LPR status, or prohibit gang members or those without lawful status from receiving TPS. A Legislation to provide such a pathway passed the House in the 116th Congress. A provision to allow Liberians who provision to allow Liberians who
havehad been continuously present in the United States since 2014 been continuously present in the United States since 2014
and their family members to to apply for LPR status was enacted in December 2019 as part of the FY2020 National Defense apply for LPR status was enacted in December 2019 as part of the FY2020 National Defense
Authorization Act. In the 117th Congress, legislation (H.R. 6 and H.R. 1603) that would provide a pathway to LPR status for TPS and DED recipients has passed the House. Authorization Act.
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2110 link to page 23 link to page 23 link to page 24 Temporary Protected Status: Overview and Current Issues
Contents
Background.................................................................................................................... 1
Humanitarian Response ................................................................................................... 1
Temporary Protected Status .............................................................................................. 2
Deferred Enforced Departure ............................................................................................ 4
Historical Use of Blanket Relief ........................................................................................ 4
Countries Designated forCurrent TPS and DED Designations............................................................................. 5
Central America ...... 5
Countries............................................................................................................. 6
Haiti ..... 7
Burma ................................................................................................................ 7
Central American Countries ................................................................................... 8
Liberia ..Haiti ................................................................................................................... 9
NepalLiberia.............................................................................................................. 11 Nepal ...................................................................................... 10
Somalia......................... 12 Somalia ....................................................................................................... 11
..... 13
Sudan and South Sudan ....................................................................................... 13 Syria ........................................................................................... 11
Syria.......................... 14 Venezuela............................................................................................ 12
Yemen .................... 15 Yemen ............................................................................................................. 13. 16
State of Residence of TPS Recipients ............................................................................... 1317
Adjustment of Status ..................................................................................................... 1418
Selected Legislative Activity in the 116th Congress ................and 117th Congresses............................................. 1518
Figures
Figure 1. Individuals with Temporary Protected Status by State of Residence ......................... 1417
Tables
Table 1. TPS Beneficiaries by Country of Citizenship Countries Currently Designated for TPS ................................................................. 6 Table 2. Countries Currently Under a DED Grant............................................................. 6.... 7
Table A-1. Individuals with Temporary Protected Status by State of Residence ....................... 1720
Appendixes
Appendix. .................................................................................................................... 1720
Contacts
Author Information ....................................................................................................... 1821
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Temporary Protected Status: Overview and Current Issues
Background
Federal law provides that al aliens1 attempting to enter the United States must do so pursuant to Federal law provides that al aliens1 attempting to enter the United States must do so pursuant to
the Immigration and Nationality Act (INA). The INA al ows for the admission of (1) immigrants, the Immigration and Nationality Act (INA). The INA al ows for the admission of (1) immigrants,
who are admitted to the United States permanently, and (2) nonimmigrants, who are admitted for who are admitted to the United States permanently, and (2) nonimmigrants, who are admitted for
temporary durations and specific purposes (e.g., students, tourists, temporary workers, or business temporary durations and specific purposes (e.g., students, tourists, temporary workers, or business
travelers). Foreign nationals who lack lawful immigration status general y fal into three travelers). Foreign nationals who lack lawful immigration status general y fal into three
categories: (1) those who are admitted legal y and then overstay their nonimmigrant visas, (2)
categories: (1) those who are admitted legal y and then overstay their nonimmigrant visas, (2)
those who enter the country surreptitiously without inspection, and (3) those who are admitted on those who enter the country surreptitiously without inspection, and (3) those who are admitted on
the basis of fraudulent documents. In al three instances, the aliens are in the United States in the basis of fraudulent documents. In al three instances, the aliens are in the United States in
violation of the INA and subject to removal.
violation of the INA and subject to removal.
The executive branch has discretion to grant temporary reprieves from removal to aliens present
The executive branch has discretion to grant temporary reprieves from removal to aliens present
in the United States in violation of the INA.2 Temporary Protected Status (TPS), codified in INA in the United States in violation of the INA.2 Temporary Protected Status (TPS), codified in INA
Section 244,3 provides temporary relief from removal and work authorization to foreign Section 244,3 provides temporary relief from removal and work authorization to foreign
nationals—regardless of their immigration status—in the United States from countries nationals—regardless of their immigration status—in the United States from countries
experiencing armed conflict, natural disaster, or other extraordinary circumstances that prevent
experiencing armed conflict, natural disaster, or other extraordinary circumstances that prevent
their safe return. This report begins by situating TPS in the context of humanitarian responses to their safe return. This report begins by situating TPS in the context of humanitarian responses to
migration. Another form of blanket relief4 from removal—Deferred Enforced Departure (DED)—migration. Another form of blanket relief4 from removal—Deferred Enforced Departure (DED)—
is also described, as is the historical use of these relief mechanisms. This report then provides is also described, as is the historical use of these relief mechanisms. This report then provides
data on data on
each of the countries currently designated for TPS, including the conditions that have the countries currently designated for TPS, including the conditions that have
contributed
contributed to their designation. Past legislation to provide lawful permanent resident (LPR) status to certain to their designation. Past legislation to provide lawful permanent resident (LPR) status to certain
TPS-designated foreign nationals is also described. The report concludes with a TPS-designated foreign nationals is also described. The report concludes with a
discussion of discussion of
legislative legislative activity in the 116th activity in the 116th
Congressand 117th Congresses related to TPS. related to TPS.
Humanitarian Response
As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N. As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N.
Protocol),5 the United States agrees to the principle of Protocol),5 the United States agrees to the principle of
nonrefoulement, which asserts that a , which asserts that a
refugee should not be returned to a country where he or she faces serious threats to his or her life
refugee should not be returned to a country where he or she faces serious threats to his or her life
or freedom on account of race, religion, nationality, membership in a particular social group, or or freedom on account of race, religion, nationality, membership in a particular social group, or
political opinion. (This is now considered a rule of customary international law.) political opinion. (This is now considered a rule of customary international law.)
Nonrefoulement is embodied in several provisions of U.S. immigration law. Most notably, it is reflected in INA is embodied in several provisions of U.S. immigration law. Most notably, it is reflected in INA
1 1
Alien is the term used in law and is defined as anyone who is not a citizen or national of the United States. A U.S. is the term used in law and is defined as anyone who is not a citizen or national of the United States. A U.S.
national is a person owing permanent allegiance to the United States and includes citizens. Noncitizen is a person owing permanent allegiance to the United States and includes citizens. Noncitizen
nationalsnat ionals are are
individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United
States. In this report, the terms States. In this report, the terms
alien and and
foreign national are used interchangeably. are used interchangeably.
2 For more information, see CRS Report R45158,
2 For more information, see CRS Report R45158,
An Overview of Discretionary Reprieves from Removal: Deferred
Action, DACA, TPS, and Others. .
3 8 U.S.C. §1254a.
3 8 U.S.C. §1254a.
4 T he term 4 T he term
blanket relief in this report refers to relief from removal that is administered to a group of individuals based in this report refers to relief from removal that is administered to a group of individuals based
on their ties to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case-by-on their ties to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case-by-
case basis to individuals based on their personal circumstances. case basis to individuals based on their personal circumstances.
5 T he 1951 United Nations Convention Relating to the Status of Refugees, which was amended by its 1967 Protocol,
5 T he 1951 United Nations Convention Relating to the Status of Refugees, which was amended by its 1967 Protocol,
defines who is a refugee and sets out the legal, social, and other kinds of protections that refugees and thosedefines who is a refugee and sets out the legal, social, and other kinds of protections that refugees and those
seeking seeking
asylum are entitled to receive. It also states the responsibilities of nations that grant asylum. United Nations High asylum are entitled to receive. It also states the responsibilities of nations that grant asylum. United Nations High
Commission for Refugees, Commission for Refugees,
Convention Relating to the Status of Refugees and Its 1967 Protoco lProtocol, Geneva, Switzerland, , Geneva, Switzerland,
http://www.unhcr.org/en-us/about-us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967-http://www.unhcr.org/en-us/about-us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967-
protocol.html. protocol.html.
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provisions requiring the government to withhold the removal of a foreign national to a country in
provisions requiring the government to withhold the removal of a foreign national to a country in
which his or her life or freedom would be threatened on the basis of race, religion, nationality, which his or her life or freedom would be threatened on the basis of race, religion, nationality,
membership in a particular social group, or political opinion.6
membership in a particular social group, or political opinion.6
The
The
legal definition of a refugee in the INA, which is consistent with the U.N. Protocol, specifies definition of a refugee in the INA, which is consistent with the U.N. Protocol, specifies
that a refugee is a person who is unwil ing or unable to return to his/her that a refugee is a person who is unwil ing or unable to return to his/her
c ountrycountry of nationality or of nationality or
habitual residence because of persecution or a wel -founded fear of persecution on account of habitual residence because of persecution or a wel -founded fear of persecution on account of
race, religion, nationality, membership in a particular social group, or political opinion.7 This race, religion, nationality, membership in a particular social group, or political opinion.7 This
definition also applies to individuals seeking asylum. Under the INA, refugees and asylees differ definition also applies to individuals seeking asylum. Under the INA, refugees and asylees differ
on the physical location of the persons seeking the status: those abroad apply for refugee status
on the physical location of the persons seeking the status: those abroad apply for refugee status
while those in the United States or at a U.S. port of entry apply for asylum.8 Those admitted as while those in the United States or at a U.S. port of entry apply for asylum.8 Those admitted as
refugees or granted asylum can apply for LPR status after one year.
refugees or granted asylum can apply for LPR status after one year.
Other foreign nationals in the United States who
Other foreign nationals in the United States who
maymight elicit a humanitarian response may not elicit a humanitarian response may not
qualify for asylumqualify for asylum
because they do not meet the legal definition of a refugee; under certain
; under certain circumstances these persons may be eligible for relief from circumstances these persons may be eligible for relief from
removal through TPS or DED. removal through TPS or DED.
Temporary Protected Status
TPS is a blanket form of humanitarian relief.TPS is a blanket form of humanitarian relief.
9 It is the statutory embodiment of safe haven for It is the statutory embodiment of safe haven for
foreign nationals within the United foreign nationals within the United
StatesStates10 who may not qualify for asylum but are nonetheless who may not qualify for asylum but are nonetheless
fleeing—or reluctant to return to—potential y dangerous situations. TPS was established by
fleeing—or reluctant to return to—potential y dangerous situations. TPS was established by
Congress as part of the Immigration Act of 1990 (P.L. 101-649). The statute gives the Secretary Congress as part of the Immigration Act of 1990 (P.L. 101-649). The statute gives the Secretary
of the Department of Homeland Security (DHS),of the Department of Homeland Security (DHS),
911 in consultation with other government agencies in consultation with other government agencies
(most notably the Department of State), the authority to designate a country for TPS (most notably the Department of State), the authority to designate a country for TPS
under one or under one or
more of the following conditions:more of the following conditions:
(1) ongoing armed conflict in a foreign state that poses a (1) ongoing armed conflict in a foreign state that poses a
serious threat to personal safety;serious threat to personal safety;
(2) a foreign state request for TPS because it temporarily cannot (2) a foreign state request for TPS because it temporarily cannot
handle the return of its handle the return of its
nationals due to an environmental disaster; ornationals due to an environmental disaster; or
(3) extraordinary and (3) extraordinary and
temporary conditions in a foreign state that prevent its nationals from temporary conditions in a foreign state that prevent its nationals from
safely returning.safely returning.
A foreign A foreign
state may not be designated for TPS if the Secretary of DHS finds that al owing its state may not be designated for TPS if the Secretary of DHS finds that al owing its
nationals to nationals to
temporarily stay in the United States is against the U.S. national interest.temporarily stay in the United States is against the U.S. national interest.
10
The Secretary of DHS can designate a country for TPS for periods of 6 to 18 months and can extend these periods if the country continues to meet the conditions for designation.11 Each designation specifies the date by which individuals must have continuously resided in the United
States in order to qualify. If a designation is extended, the arrival date may be moved forward in order to al ow those who arrived later to qualify, an action referred to as redesignation.12 To
6 Section 208 of INA12
6 INA §208 (8 U.S.C. §1158); (8 U.S.C. §1158);
Section INA §241(b)(3) 241(b)(3)
of INA (8 U.S.C. §1231(8 U.S.C. §1231
(b)(3)); and (b)(3)); and
SectionINA § 101(a)(42) 101(a)(42)
of INA (8 U.S.C.(8 U.S.C.
§1101(a)(42)).§1101(a)(42)).
] 7 Section 7 INA §101(a)(42) 101(a)(42)
of INA (8 U.S.C.(8 U.S.C.
§1101(a)(42§1101(a)(42
)). In certain circumstances specified in INA §101(a)(42)(B), a refugee may be within his/her country of nationality or habitual residence. ). 8 See CRS Report R45539, 8 See CRS Report R45539,
Immigration: U.S. Asylum Policy; and CRS Report RL31269, ; and CRS Report RL31269,
Refugee Admissions and
Resettlem ent Policy. .
9
9
T he term blanket relief refers to relief from removal that is administered to a group of individuals based on their ties to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case -by-case basis to individuals based on their personal circumstances. 10 Foreign nationals outside the United States are not eligible to apply for T PS. 11 When T PS was enacted in 1990, most immigration-related functions, including designating countries for T PS, fell When T PS was enacted in 1990, most immigration-related functions, including designating countries for T PS, fell
under the authority of the Attorney General. With the creation of the Department of Homeland Security in 2002 ( P.L. under the authority of the Attorney General. With the creation of the Department of Homeland Security in 2002 ( P.L.
107-296), most of the Attorney General’s immigration -related authority transferred to the Secretary of DHS as of 107-296), most of the Attorney General’s immigration -related authority transferred to the Secretary of DHS as of
March 1, 2003. March 1, 2003.
10 Section 12 INA §244(b)(1) 244(b)(1)
of INA (8 U.S.C.(8 U.S.C.
§1254a(b)(1)). 11 T here is no limit on the number of extensions a country can receive. 12 Redesignation is not defined in law; it also refers to cases in which a country is designated for T PS for a different or additional reason than previously designated (e.g., initially designated on account of armed conflict, and subsequently
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obtain TPS, eligible foreign nationals within the United States must pay specified fees13 §1254a(b)(1)).
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The Secretary of DHS may designate a country for TPS for periods of 6 to 18 months and can extend these periods if the country continues to meet the conditions for designation.13 Each designation specifies the date by which individuals must have continuously resided in the United States in order to qualify.14 If a designation is extended, the arrival date may be moved forward in
order to al ow those who arrived later to qualify, an action referred to as redesignation.15
To obtain TPS, nationals16 of foreign countries designated for TPS must pay specified fees17 and and
submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the
deadline set forth in the deadline set forth in the
Federal Register notice announcing the TPS designation. The application notice announcing the TPS designation. The application
must include supporting documentation as evidence of eligibility (e.g., a passport issued by the must include supporting documentation as evidence of eligibility (e.g., a passport issued by the
designated country and records showing continuous physical presence in the United States since designated country and records showing continuous physical presence in the United States since
the date established in the TPS designation).the date established in the TPS designation).
1418 The statute specifies The statute specifies
grounds of inadmissibility that that
cannot be waived, including those relating to criminal convictions, drug offenses, terrorist cannot be waived, including those relating to criminal convictions, drug offenses, terrorist
activity, and the persecution of others.activity, and the persecution of others.
1519 Foreign nationals outside the United States are not
eligible to apply for TPS.
Individuals granted TPS are eligible for employment authorization, cannot be detained on the
Individuals granted TPS are eligible for employment authorization, cannot be detained on the
basis of their immigration status, and are not subject to removal while they retain TPS.basis of their immigration status, and are not subject to removal while they retain TPS.
1620 They They
may be deemed ineligible for public assistance by a statemay be deemed ineligible for public assistance by a state
and; they may travel abroad with the prior may travel abroad with the prior
consent of the DHS Secretary.consent of the DHS Secretary.
1721 TPS does not provide a path to lawful permanent residence or TPS does not provide a path to lawful permanent residence or
citizenship, but a TPS recipient is not barred from acquiring nonimmigrant or immigrant status if citizenship, but a TPS recipient is not barred from acquiring nonimmigrant or immigrant status if
he or she meets the requirements.he or she meets the requirements.
1822 DHS has indicated that information it collects when an DHS has indicated that information it collects when an
individual registers for TPS may be used to enforce immigration law or in any criminal individual registers for TPS may be used to enforce immigration law or in any criminal
proceeding.proceeding.
1923 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or
deportation proceedings.
deportation proceedings.
2024
designated on account of a natural disaster).
1313 T here is no limit on the number of extensions a country can receive. 14 T his date is typically the same or very near to the date of the designation announcement. 15 Redesignation is not defined in law; it also refers to cases in which a country is designated for T PS for a different or additional reason than previously designated (e.g., initially designated on the basis of armed conflict, and subsequently designated on the basis of a natural disaster).
16 In addition to nationals of designated countries, T PS statute provides that aliens with no nationality who “last habitually resided in such designated state” are eligible to apply. INA §244(a)(1) (8 U.S.C. §1254a(a)(1)). 17 Fees for initial applicants include a $50 application fee (may not exceed $50 per 8 U.S.C. §1254a Fees for initial applicants include a $50 application fee (may not exceed $50 per 8 U.S.C. §1254a
(c)(1)(B)), a $410 (c)(1)(B)), a $410
filing fee for employment authorization (if applying for employment authorization and between the ages of 14 and 65), filing fee for employment authorization (if applying for employment authorization and between the ages of 14 and 65),
and an $85 biometrics services fee for those age 14 and over. Applicants may request a waiver of the and an $85 biometrics services fee for those age 14 and over. Applicants may request a waiver of the
app licationapplication and and
biometrics fees per 8 C.F.R. biometrics fees per 8 C.F.R.
§103.7(c). Re-registration does not require the $50 application fee, but the other fees 103.7(c). Re-registration does not require the $50 application fee, but the other fees
apply.
18 See 8 C.F.R. §244.9 for details on evidence that must be submitted. 19apply. USCIS published a final rule to take effect on October 2, 2020 , that would have changed these and other immigration -related fees, but on September 29, 2020, the U.S. District Court for the Northern District of California, in Im m igration
Legal Resource Center et al., v. Wolf, et al., preliminarily enjoined DHS from implementing or enforcing any part of the rule. If implement ed, the rule would increase the fee for employment authorization to $550 (and would require it of every applicant regardless of age), decrease the biometrics fee to $30 (and require it of every applicant regardless of age), and keep the fee for the T PS application at $50. See Department of Homeland Security, United States Citizenship and Immigration Services, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” 85 Federal Register 46788, August 3, 2020. 14 See 8 C.F.R. §244.9 for details on evidence that must be submitted. 15 Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas
and ineligible to be admitted to the United States. Section 244(c)(2) in the T PS statute lists which of these and ineligible to be admitted to the United States. Section 244(c)(2) in the T PS statute lists which of these
grounds of
inadm issibility may be waived and which may not be waived. may be waived and which may not be waived.
1620 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)) INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4))
. 21 17 INA §244(f) (8 U.S.C. §1254a(f)) INA §244(f) (8 U.S.C. §1254a(f))
. 22 18 For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted
T PS is considered as being in and maintaining “ lawful status as a nonimmigrant” during the period in which the alien is T PS is considered as being in and maintaining “ lawful status as a nonimmigrant” during the period in which the alien is
granted T PS. INA §244(f)(4)granted T PS. INA §244(f)(4)
(8 U.S.C. §1254a(f)(4)).
23.
19 8 C.F.R. §244.16. 8 C.F.R. §244.16.
2024 8 C.F.R. §244.14. 8 C.F.R. §244.14.
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Deferred Enforced Departure
In addition to TPS, there is another form of blanket relief from removal known as deferred In addition to TPS, there is another form of blanket relief from removal known as deferred
enforced departure (DED),enforced departure (DED),
2125 formerly known as extended voluntary departure (EVD). formerly known as extended voluntary departure (EVD).
2226 DED is a DED is a
temporary, discretionary, administrative stay of removal granted to aliens from designated temporary, discretionary, administrative stay of removal granted to aliens from designated
countries. Unlike TPS, a DED designation emanates from the President’s constitutional powers to countries. Unlike TPS, a DED designation emanates from the President’s constitutional powers to
conduct foreign relations and has no statutory basis. DED was first used in 1990 and has been conduct foreign relations and has no statutory basis. DED was first used in 1990 and has been
used a total of five timesapplied to six countries (see (see
“Historical Use of Blanket Relief”). Liberia). Liberia
is the only country
currently designated for DED, and that designation is scheduled to end on January 10, 2021.23 and Venezuela are
currently granted DED.
DED and EVD have been used on country-specific bases to provide relief from removal at the
DED and EVD have been used on country-specific bases to provide relief from removal at the
President’s discretion, usual y in response to war, civil unrest, or natural disasters.
President’s discretion, usual y in response to war, civil unrest, or natural disasters.
2427 When When
Presidents grant DED through an executive order or presidential memorandum, they general y Presidents grant DED through an executive order or presidential memorandum, they general y
provide eligibility guidelinesprovide eligibility guidelines
, such as demonstration of continuous presence in the United States since a specific date. Unlike and direct the Secretary of Homeland Security to al ow DED-eligible individuals to apply for employment authorization. Unlike TPS, the Secretary of State does not need to be consulted when DED TPS, the Secretary of State does not need to be consulted when DED
is granted. In contrast to recipients of TPS, individuals is granted. In contrast to recipients of TPS, individuals
who benefit from DED are not required to who benefit from DED are not required to
register for the status with USCIS unless they are applying for work authorization.register for the status with USCIS unless they are applying for work authorization.
2528 Instead, Instead,
DED is triggered when a protected individualDED is triggered when a protected individual
is
is identified for removal.identified for removal.
Historical Use of Blanket Relief
In 1990, when Congress enacted the TPS statute, it also granted TPS for 18 months to Salvadoran In 1990, when Congress enacted the TPS statute, it also granted TPS for 18 months to Salvadoran
nationals who were residing in the United States. Since then, the Attorney General (and later, the nationals who were residing in the United States. Since then, the Attorney General (and later, the
Secretary of DHS), in consultation with the Secretary of State, granted and subsequently Secretary of DHS), in consultation with the Secretary of State, granted and subsequently
terminated TPS for foreign nationals in the United States from the following countries: Angola, terminated TPS for foreign nationals in the United States from the following countries: Angola,
Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau, the Kosovo Province of Serbia, Kuwait, Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau, the Kosovo Province of Serbia, Kuwait,
Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.
Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.
2629
2125 DED is not to be confused with deferred action, which the Department of Homeland Security defines as “a DED is not to be confused with deferred action, which the Department of Homeland Security defines as “a
discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.” For more discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.” For more
information, see CRS Report R45158, information, see CRS Report R45158,
An Overview of Discretionary Reprieves from Rem oval: Deferred Action,
DACA, TPS, and Others and CRS Report R45995, and CRS Report R45995,
Unauthorized Childhood Arrivals, DACA, and Related Legislation . .
2226 EVD status, which was used from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and EVD status, which was used from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and
Uganda. Other countries whose nationals have benefitted in the past from a status similar to EVD include Cambodia,Uganda. Other countries whose nationals have benefitted in the past from a status similar to EVD include Cambodia,
Chile, Cuba, Czechoslovakia, Dominican Republic, Hungary, Laos, Romania, and Vietnam. Chile, Cuba, Czechoslovakia, Dominican Republic, Hungary, Laos, Romania, and Vietnam.
23 T he White House (President T rump), “Memorandum on Extending the Wind-Down Period for Deferred Enforced Departure for Liberians,” March 30, 2020, https://www.whitehouse.gov/presidential-actions/memorandum-extending-wind-period-deferred-enforced-departure-liberians/.
24 For27 See, for example, example,
see Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s
Republic of China,” Republic of China,”
Public Papers of the Presidents of the United States: George Bush XLI, President of the United
States: 1989-1993 (Washington: GPO, 1990); T he White House (President Obama), (Washington: GPO, 1990); T he White House (President Obama),
“ Presidential Memorandum —Office of the Press Secretary, “Deferred Enforced Departure for Liberians,” Deferred Enforced Departure for Liberians,”
Memorandumpresidential memorandum for the Secretary of Homeland Security, for the Secretary of Homeland Security,
September 28, 2016; T he White House (President T rump), Office of the P ress Secretary, “ Deferred Enforced Departure for Certain Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 19, 2021.
28September 28, 2016, https://www.whitehouse.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians.
25 In general, the President directs executive agencies to implement procedures to provide DED and related benefits, In general, the President directs executive agencies to implement procedures to provide DED and related benefits,
such as employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and such as employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and
Immigration Services, Immigration Services,
Tem porary Protected Status (TPS) and Deferred Enforced Departure (DED) , ,
https://www.uscis.gov/sites/default/files/USCI S/Abo ut%20Us/Electronic%20Reading%20Room/https://www.uscis.gov/sites/default/files/USCI S/Abo ut%20Us/Electronic%20Reading%20Room/
Customer%20Service%20Reference%20Guide/T empProtectedStatus.pdf. Customer%20Service%20Reference%20Guide/T empProtectedStatus.pdf.
2629 For For
a current and historical current and historical
information onlist of T PS designations by T PS designations by
country and links to country and links to
Federal Register announcements, announcements,
see U.S. Department of Justice, Executive Office for Immigration Review,see U.S. Department of Justice, Executive Office for Immigration Review,
Tem porary Protected Status, ,
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link to page 12 link to page 12 link to page 9 link to page 9https://www.justice.gov/eoir/temporary-protected-status. For a graph showing effective dates, bases for designation,
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Rather than extending the initial Salvadoran TPS when it expired in 1992, President George H.
Rather than extending the initial Salvadoran TPS when it expired in 1992, President George H.
W. Bush granted DED to an estimated 190,000 Salvadorans through December 1994. President W. Bush granted DED to an estimated 190,000 Salvadorans through December 1994. President
Bush also granted DED to about 80,000 Chinese nationals in the United States following the Bush also granted DED to about 80,000 Chinese nationals in the United States following the
Tiananmen Square massacre in June 1989, and these individuals retained DED status through Tiananmen Square massacre in June 1989, and these individuals retained DED status through
January 1994.January 1994.
30 From 1991 to 1996, DED was also granted to about 2,200 From 1991 to 1996, DED was also granted to about 2,200
Kuwaiti Persian Gulf evacuees Persian Gulf evacuees
who were airlifted to the United States after the 1990 invasion of Kuwait. In December who were airlifted to the United States after the 1990 invasion of Kuwait. In December
1997, 1997,
President Clinton instructed the Attorney General to grant DED for one year to HaitianPresident Clinton instructed the Attorney General to grant DED for one year to Haitian
nationals nationals in the United States, providing time for the Administration to work with Congress on long-term in the United States, providing time for the Administration to work with Congress on long-term
legislative relief for Haitians.legislative relief for Haitians.
2731 President George W. Bush directed that DED be provided to President George W. Bush directed that DED be provided to
Liberian nationals whose TPS was expiring in September 2007; Liberian DED was extended Liberian nationals whose TPS was expiring in September 2007; Liberian DED was extended
several times by President Obama.several times by President Obama.
2832 President Trump President Trump
has terminated DED for Liberians, terminated DED for Liberians,
with an
effective date of
but provided for extended wind-down periods that lasted until January 10, 2021 (for more details, January 10, 2021 (for more details,
see
see the “Liberia” section).33
Current).29
Countries Designated for TPS and DED
Approximately 411 TPS and DED Designations As of March 11, 2021, approximately 320,000 foreign nationals from the following 10 countries ,000 foreign nationals from the following 10 countries
havewere protected by TPS: El Salvador, TPS: El Salvador,
Haiti,Haiti,
Honduras, Nepal, Nicaragua, Somalia, South Sudan, Honduras, Nepal, Nicaragua, Somalia, South Sudan,
Sudan, Syria, and Yemen.34 Two more countries were designated for TPS since President Biden
took office: Venezuela on March 8, 2021, and Burma on March 12, 2021, each for 18 months. DHS estimates that 323,000 Venezuelans and 1,600 Burmese nationals could be eligible to apply
for TPS under these designations.35
and types of T PS decisions for FY1990–FY2019, see U.S. Government Accountability Office, Tem porary Protected Status: Steps Taken to Inform and Communicate Secretary of Homeland Security’s Decision s, GAO-20-134, April 2020, p. 11, https://www.gao.gov/assets/gao-20-134.pdf. 30 Many of the beneficiaries of this DED grant were able to adjust to LPR status through the Chinese Student Protection Act of 1992 (P.L. 102-404).
31Sudan, Syria, and Yemen. In addition, certain Liberian nationals are covered by a designation of DED (see “Liberia” below). The Trump Administration has announced terminations of temporary protections for seven of these countries
(six with TPS and one with DED). Several lawsuits have been filed chal enging these decisions.
Table 1 lists the current TPS-designated countries, the most recent decision—to extend or
terminate—by the Secretary of DHS, the date from which individuals are required to have continuously resided in the United States, and the designation’s expiration date. In addition,
Table 1 shows the number of individuals with TPS as of November 7, 2019.
https://www.justice.gov/eoir/temporary-protected-status. 27 T he Nicaraguan Adjustment and Central American Relief Act (NACARA) (T itle II of P.L. 105-100) was enacted in T he Nicaraguan Adjustment and Central American Relief Act (NACARA) (T itle II of P.L. 105-100) was enacted in
1997 and provided eligibility for LPR status to certain Nicaraguans, Cubans, Guatemalans, Salvadorans, and nationals 1997 and provided eligibility for LPR status to certain Nicaraguans, Cubans, Guatemalans, Salvadorans, and nationals
of the former Soviet bloc. President Clinton, among others, argued that Haitians of the former Soviet bloc. President Clinton, among others, argued that Haitians
deserveddeserv ed similar statutory treatment. similar statutory treatment.
T he Haitian Refugee Immigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowing certain Haitian T he Haitian Refugee Immigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowing certain Haitian
nationals who were in the United States before December 31, 1995 to adjust to LPR status. For more information, see nationals who were in the United States before December 31, 1995 to adjust to LPR status. For more information, see
archived CRS Report RS21349, archived CRS Report RS21349,
U.S. Im m igration Policy on Haitian Migrants.
2832 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country - U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country -
Liberia,” https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-liberia/ded-granted-Liberia,” https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-liberia/ded-granted-
country-liberia. country-liberia.
29
33 T he White House (President T rump), T he White House (President T rump),
“Memorandum on Office of the Press Secretary, “Extending the Wind-Down Period for Deferred Enforced Extending the Wind-Down Period for Deferred Enforced
Departure for Liberians,” Departure for Liberians,”
March 30, 2020, https://www.whitehouse.gov/presidential-actions/memorandum-extending-wind-period-deferred-enforced-departure-liberians/.
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Table 1. TPS Beneficiaries by Country of Citizenship
Most Recent
Required Arrival
Individuals
Country
Decision
Datea
Expiration Dateb
with TPSc
El Salvador
Termination*
February 13, 2001
September 9, 2019
247,697
Haiti
Termination*
January 12, 2011
July 22, 2019
55,338
Honduras
Termination*
December 30, 1998
January 5, 2020
79,415
Nepal
Termination*
June 24, 2015
June 24, 2019
14,550
Nicaragua
Termination*
December 30, 1998
January 5, 2019
4,421
Somalia
Extension
May 1, 2012
September 17, 2021
455
South Sudan
Extension
January 25, 2016
May 2, 2022
96
Sudan
Termination*
January 9, 2013
November 2, 2018
774presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 30, 2020; T he White House (President T rump), Office of the Press Secretary, “ Extension of Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 28, 2019. T he White House (President T rump), Office of the Press Secretary, “ Expiration of Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 27, 2018.
34 T his number is lower than what was reported in prior versions of this report due to the fact that USCIS recently provided data on individuals with T PS only, while prior data releases included individuals with both T PS and a permanent status (i.e., LPR status or citizenship).
35 U.S. Citizenship and Immigration Services, “Designation of Venezuela for T emporary Protected Status and Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal Register 13574-13581, March 9, 2021. U.S. Department of Homeland Security, “ Secretary Mayorkas Designates Burma for T emporary Protected Status,” press release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-protected-status; Michele Kelemen, “ U.S. Offers Protected Status For
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The Trump Administration terminated TPS for six countries (El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan). Several lawsuits were filed chal enging the terminations; as a result, the
terminations have not yet taken effect.36
Table 1 lists the TPS-designated countries as of the date of this report, the most recent decision—to extend or terminate—by the Secretary of DHS, the date from which individuals are required to have continuously resided in the United States, and the designation’s current expiration date. In
addition, Table 1 shows the number of individuals protected by TPS as of March 11, 2021.37
Table 1. Countries Currently Designated for TPS
Most Recent
Required Arrival
Individuals
Country
Decision
Datea
Expiration Dateb
with TPSc
Burma
Initial designation
March 11, 2021
September 12, 2022
N/Ad
El Salvador
Termination*
February 13, 2001
September 9, 2019
198,420
Haiti
Termination*
January 12, 2011
July 22, 2019
40,865
Honduras
Termination*
December 30, 1998
January 5, 2020
60,350
Nepal
Termination*
June 24, 2015
June 24, 2019
10,160
Nicaragua
Termination*
December 30, 1998
January 5, 2019
3,200
Somalia
Extension
May 1, 2012
September 17, 2021
385
South Sudan
Extension
January 25, 2016
May 2, 2022
80
Sudan
Termination*
January 9, 2013
November 2, 2018
550
Syria
Extension and
March 19, 2021
September 30, 2022
3,945
redesignation
Venezuela
Initial designation
March 8, 2021
September 9, 2022
N/Ad
Syria
Extension
August 1, 2016
March 31, 2021
6,934
Yemen
Yemen
Extension
Extension
January 4, 2017
January 4, 2017
September 3, 2021
September 3, 2021
1,
1,
646385
Total
411,326
Source319,465
Sources: CRS compilation of informationCRS compilation of information
from from
Federal Register announcements announcements
and data or press releases; numbers provided to CRS by provided to CRS by
USCIS. USCIS.
Note: *Due to legal chal enges, the termination has not yet taken effect.: *Due to legal chal enges, the termination has not yet taken effect.
Numbers may not sum to total due to rounding. a. The arrival date represents the date from which individuals are required to have continuously resided in the a. The arrival date represents the date from which individuals are required to have continuously resided in the
United States in order to qualify for TPS and is indicated in the most recent TPS designation for that
United States in order to qualify for TPS and is indicated in the most recent TPS designation for that
country. country.
Unless a country is re-designated for TPS, the required arrival date does not change. A foreign national is not consideredA foreign national is not considered
to have failed this requirementto have failed this requirement
for a “brief,for a “brief,
casual, and casual, and
innocent” absence. 8 U.S.C. §1254a(c) and 8 C.F.R. §244.1.innocent” absence. 8 U.S.C. §1254a(c) and 8 C.F.R. §244.1.
b. The expiration date represents the end of the most recent designation period and is subject to change
b. The expiration date represents the end of the most recent designation period and is subject to change
based on future decisions of the Secretary of DHS.
based on future decisions of the Secretary of DHS.
c. Data provided to CRS by USCIS. These data reflect individuals with an approved TPS application as of
November 7, 2019; the data include some individuals who have since adjusted to another status (excluding those who became U.S. citizens),
People From Myanmar As Coup Leaders Crack Down,” National Public Radio, March 12, 2021 .
36 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward . 37 Prior USCIS data on T PS recipients included some individuals who also had LPR status and some who had become naturalized U.S. citizens. USCIS recently published data on T PS recipients who do not have LPR status or U.S. citizenship. T hus, the numbers used in this report are lower than those in prior versions of this report and more accurately reflect those who rely on T PS to remain in the United States.
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c. These data reflect the number of individuals (rounded to the nearest five by USCIS) with an approved TPS
application as of March 11, 2021, who had not obtained LPR status or U.S. citizenship. The data may include individuals who have left the country or died may include individuals who have left the country or died
since their last TPS approval, and do not , and do not
necessarily include al nationals from the specifiednecessarily include al nationals from the specified
countries who are in the United States and are eligible for countries who are in the United States and are eligible for
the status.
Central America
The only time Congress has granted TPS was in 1990 (as part of the law establishing TPS) to eligible Salvadoran nationals in the United States.30 In the aftermath of Hurricane Mitch in November 1998, Attorney General Janet Reno announced that she would temporarily suspend the
deportation of nationals from El Salvador, Guatemala, Honduras, and Nicaragua. On January 5, 1999, the Attorney General designated Honduras and Nicaragua for TPS due to “severe flooding and associated damage” and “substantial disruption of living conditions” caused by Hurricane Mitch.31 Prior to leaving office in January 2001, President Clinton said that his Administration would temporarily halt deportations to El Salvador because of a major earthquake. In 2001, the
30 For historical analysis, see archived CRS Report IB87205, Immigration Status of Salvadorans and Nicaraguans (available to congressional clients upon request).
31 U.S. Department of Justice, Immigration and Naturalization Service, “T he Designation of Honduras Under T emporary Protected Status,” 64 Federal Register 524-526, January 5, 1999; U.S. Department of Justice, Immigration and Naturalization Service, “T he Designation of Nicaragua Under T emporary Protected Status,” 64 Federal Register 526-528, January 5, 1999.
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the status.
d. Because the application period just began, data are not yet available.
In addition to the countries designated for TPS, certain nationals from Liberia and Venezuela are covered under a grant of DED (see the “Liberia” and “Venezuela” sections). Table 2 shows the dates associated with these grants. Individuals covered by DED are not required to register for the
status with USCIS unless they are applying for work authorization. As a result, USCIS does not
maintain data on the total population covered by DED.
Table 2. Countries Currently Under a DED Grant
Country
Required Arrival Datea
Expiration Dateb
Liberia
October 1, 2002
June 30, 2022
Venezuela
January 20, 2021
July 20, 2022
Source: CRS compilation of information from Federal Register announcements and White House press releases. a. The arrival date represents the date from which individuals are required to have continuously resided in the
United States in order to qualify for DED.
b. The expiration date represents the end of the most recent DED grant and is subject to change based on
future decisions of the President.
Countries
Burma
On February 1, 2021, Burma’s military seized control of Burma’s Union Government and detained State Counselor Aung San Suu Kyi (the country’s de facto civilian leader) and members
of her political party. The military’s action was widely condemned international y as a blow to Burma’s partial transition from military rule to democracy.38 In subsequent weeks, the military used lethal force against peaceful protesters several times. In a press release announcing the decision to designate Burma for TPS on the basis of extraordinary and temporary conditions, Secretary Mayorkas stated, “Due to the military coup and security forces’ brutal violence against civilians, the people of Burma are suffering a complex and deteriorating humanitarian crisis in
many parts of the country.”39 The press release also noted, “The coup has led to continuing violence, pervasive arbitrary detentions, the use of lethal violence against peaceful protesters, and intimidation of the people of Burma. The coup has worsened humanitarian conditions in several areas by limiting access to life-saving assistance, disrupting flights carrying humanitarian and
medical aid, and spurring an economic crisis.”40
38 CRS Insight IN11594, Coup in Burma (Myanmar): Issues for U.S. Policy. 39 Department of Homeland Security, “Secretary Mayorkas Designates Burma for T emporary Protected Status,” press release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-protected-status.
40 Ibid.
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Burma’s designation is for 18 months. Burmese nationals who can demonstrate that they were present in the United States as of March 11, 2021 are eligible. DHS estimates that 1,600
individuals may be eligible under this designation.41
Central American Countries
The only time Congress has granted TPS was in 1990 (as part of P.L. 101-649, the law
establishing TPS) to eligible Salvadoran nationals in the United States.42 In the aftermath of Hurricane Mitch in November 1998, then-Attorney General Janet Reno announced that she would temporarily suspend the deportation of nationals from El Salvador, Guatemala, Honduras, and Nicaragua. On January 5, 1999, former Attorney General Reno designated Honduras and Nicaragua for TPS due to “severe flooding and associated damage” and “substantial disruption of living conditions” caused by Hurricane Mitch.43 Prior to leaving office in January 2001, President
Clinton said that his Administration would temporarily suspend deportations to El Salvador because of a major earthquake. In 2001, the George W. Bush Administration granted TPS to
George W. Bush Administration granted TPS to Salvadoran nationals following two earthquakes Salvadoran nationals following two earthquakes
that rocked the country.that rocked the country.
3244
Over the years, the George W. Bush Administration and the Obama Administration extended TPS
Over the years, the George W. Bush Administration and the Obama Administration extended TPS
for Central Americans from El Salvador, Honduras, and Nicaragua on the rationale that it was stil for Central Americans from El Salvador, Honduras, and Nicaragua on the rationale that it was stil
unsafe for their nationals to return due to the disruption of living conditions from environmental unsafe for their nationals to return due to the disruption of living conditions from environmental
disasters.
disasters.
Beginning in late 2017, the Trump Administration announced decisions to terminate TPS for
Beginning in late 2017, the Trump Administration announced decisions to terminate TPS for
Nicaragua and El Salvador and to put on hold a decision about Honduras. In November 2017, Nicaragua and El Salvador and to put on hold a decision about Honduras. In November 2017,
DHS announced that TPS for Nicaragua would end on January 5, 2019—12 months after its last DHS announced that TPS for Nicaragua would end on January 5, 2019—12 months after its last
designation would have expired—due to “recovery efforts relating to Hurricane Mitch [that] have designation would have expired—due to “recovery efforts relating to Hurricane Mitch [that] have
largely been completed.”largely been completed.”
3345 On the same day, DHS announced that more information was On the same day, DHS announced that more information was
necessary to make a determination about TPS for Honduras; as a result, statute dictates that its necessary to make a determination about TPS for Honduras; as a result, statute dictates that its
status be extended for six months.status be extended for six months.
34 On46 On May 4, 2018, DHS announced its decision to terminate the TPS designation for Honduras, with an 18-month delay (until January 5, 2020) to al ow for an
41 Michele Kelemen, “U.S. Offers Protected Status For People From Myanmar As Coup Leaders Crack Down,” National Public Radio, March 12, 2021; Simon Lewis and Humeyra Pamuk, “ U.S. grants Myanmar nationals relief from deportation after military coup,” Reuters, March 12, 2021; Joe Walsh, “Biden Offers Deportation Relief T o Myanmar Nationals Amid Coup Chaos,” Forbes, March 12, 2021. 42 For historical analysis, see archived CRS Report IB87205, Immigration Status of Salvadorans and Nicaraguans (available to congressional clients upon request).
43 U.S. Department of Justice, Immigration and Naturalization Service, “T he Designation of Honduras Under T emporary Protected Status,” 64 Federal Register 524-526, January 5, 1999; U.S. Department of Justice, Immigration and Naturalization Service, “T he Designation of Nicaragua Under T emporary Protected Status,” 64 Federal Register 526-528, January 5, 1999. 44 U.S. Department of Justice Immigration and Naturalization Service, “T he Designation of El Salvador Under T emporary Protected Status,” 66 Federal Register 14214-14216, March 9, 2001. 45 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of the Designation of Nicaragua for T emporary Protected Status,” 82 Federal Register 59636-59642, December 15, 2017. 46 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Honduras for T emporary Protected Status,”82 Federal Register 59630-59636, December 15, 2017.
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orderly transition.47 The terminations for Nicaragua and Honduras are on hold due to a legal
chal enge.48
On January 8, 2018, DHS announced its decision to terminate January 8, 2018, DHS announced its decision to terminate
TPS for El Salvador—whose TPS for El Salvador—whose
nationals account for about 60% of al current TPS recipients—after nationals account for about 60% of al current TPS recipients—after
an 18-month transition period. El Salvador’s TPS designation was scheduled to end on September an 18-month transition period. El Salvador’s TPS designation was scheduled to end on September
9, 2019,9, 2019,
3549 but the termination has not yet taken effect due to a legal chal enge. but the termination has not yet taken effect due to a legal chal enge.
3650 DHS announced DHS announced
in October 2019—as part of agreements with El Salvador related to information sharing and in October 2019—as part of agreements with El Salvador related to information sharing and
security—that it would extend the validitysecurity—that it would extend the validity
of work permits through January 4, 2021, for of work permits through January 4, 2021, for
Salvadorans with TPS. Salvadorans with TPS.
The(To
comply with court orders, DHS has since extended TPS-related documentation through October 4, 2021, for individuals from El Salvador, Nicaragua, Honduras, and other specified countries.51) The October 2019 announcement also stated that Salvadorans with TPS would have “an announcement also stated that Salvadorans with TPS would have “an
additional 365 days after the conclusion of the TPS-related lawsuits to repatriate back to their additional 365 days after the conclusion of the TPS-related lawsuits to repatriate back to their
home country.”home country.”
3752 These actions do not equate to a TPS extension, as defined in statute. These actions do not equate to a TPS extension, as defined in statute.
38 On May 4, 2018, DHS announced its decision to terminate the TPS designation for Honduras, with an 18-
month delay (until January 5, 2020) to al ow for an orderly transition.39 This termination is also
on hold due to a legal chal enge.40 53
The large number of Central Americans with TPS, along with their length of U.S. residence and
The large number of Central Americans with TPS, along with their length of U.S. residence and
resulting substantial economic and family ties, have led some to support extending TPS—or resulting substantial economic and family ties, have led some to support extending TPS—or
providing LPR status—for Central Americans and Salvadorans in particular. Supporters have providing LPR status—for Central Americans and Salvadorans in particular. Supporters have
argued that ongoing violenceargued that ongoing violence
and political unrest, political unrest, and subsequent natural disasters have left these have left these
countries unable to adequately handle the return of their nationals and that a large-scale return could have negative consequences for the U.S. economy and labor supply, American families, foreign relations, and the flow of remittances sent by Central Americans living in the United States to their relatives in Central America.54 Opponents have argued that ending the TPS designations for these countries is consistent with its original intent—to provide temporary safe
haven.
Haiti
The devastation caused by the January 12, 2010, earthquake in Haiti prompted cal s for the Obama Administration to grant TPS to Haitian nationals in the United States.55 The scale of the
47countries unable to adequately
32 U.S. Department of Justice Immigration and Naturalization Service, “T he Designation of El Salvador Under T emporary Protected Status,” 66 Federal Register 14214-14216, March 9, 2001. 33 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of the Designation of Nicaragua for T emporary Protected Status,”82 Federal Register 59636-59642, December 15, 2017. 34 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Honduras for T emporary Protected Status,”82 Federal Register 59630-59636, December 15, 2017. 35 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
T emporary Protected Status for T emporary Protected Status for
El Salvador,” Honduras,” press release, press release,
January 8May 4, 2018, https://www.dhs.gov/news/2018/, 2018, https://www.dhs.gov/news/2018/
01/0805/04//
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected. secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
3648 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541,
Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward .
37 U.S. Department of Homeland Security, “ U.S. and El Salvador Sign Arrangements on Security and Information Sharing; Give Salvadorans with T PS More T ime,” press release, October 28, 2019, https://www.dhs.gov/news/2019/10/28/us-and-el-salvador-sign-arrangements-security-information-sharing-give-salvadorans. 38 See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)). 39.
49 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
T emporary Protected Status for T emporary Protected Status for
Honduras,” El Salvador,” press release, press release,
May 4January 8, 2018, https://www.dhs.gov/news/2018/, 2018, https://www.dhs.gov/news/2018/
05/0401/08//
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected. secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
4050 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541,
Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward .
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handle the return of their nationals and that a large-scale return could have negative consequences for the U.S. economy and labor supply, American families, foreign relations, and the flow of remittances sent by Central Americans living in the United States to their relatives in Central America.41 Opponents have argued that ending the TPS designations for these countries is
consistent with its original intent—to provide temporary safe haven.
Haiti
The devastation caused by the January 12, 2010, earthquake in Haiti prompted cal s for the
Obama Administration to grant TPS to Haitian nationals in the United States.42 The scale of the .
51 For more information, see Department of Homeland Security, U.S. Citizenship and Immigration Services, “Continuation of Documentation for Beneficiaries of T emporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal,” 85 Federal Register 79208-79215, December 9, 2020.
52 U.S. Department of Homeland Security, “ U.S. and El Salvador Sign Arrangements on Security and Information
Sharing; Give Salvadorans with T PS More T ime,” press release, October 28, 2019, https://www.dhs.gov/news/2019/10/28/us-and-el-salvador-sign-arrangements-security-information-sharing-give-salvadorans.
53 See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)). 54 For information on country conditions, see CRS Report R43616, El Salvador: Background and U.S. Relations; CRS Report R44560, Nicaragua: In Brief; and CRS Report RL34027, Honduras: Background and U.S. Relations. 55 T he issue of Haitian T PS had arisen several times prior, most notably after the U.S. Ambassador declared Haiti a disaster in September 2004 due to the magnitude of the effects of T ropical Storm Jeanne. A series of tropical cyclones
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humanitarian crisis after the earthquake—with estimates of thousands of Haitians dead and humanitarian crisis after the earthquake—with estimates of thousands of Haitians dead and
reports of the total collapse of Port au Prince’s infrastructure—led DHS to grant TPS for 18 reports of the total collapse of Port au Prince’s infrastructure—led DHS to grant TPS for 18
months to Haitian nationals who were in the United States as of January 12, 2010.months to Haitian nationals who were in the United States as of January 12, 2010.
4356 At the time, At the time,
then-DHS Secretary Janet Napolitano stated: “Providing a temporary refuge for Haitian nationals then-DHS Secretary Janet Napolitano stated: “Providing a temporary refuge for Haitian nationals
who are currently in the United States and whose personal safety would be endangered by 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.”returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.”
44 57
On July 13, 2010, DHS announced a six-month extension of the TPS registration period for On July 13, 2010, DHS announced a six-month extension of the TPS registration period for
Haitian nationals, citing difficulties nationals were experiencing in obtaining documents to Haitian nationals, citing difficulties nationals were experiencing in obtaining documents to
establish identity and nationality, and in gathering funds required to apply for TPS.
establish identity and nationality, and in gathering funds required to apply for TPS.
4558
DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,
DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,
through January 22, 2013.through January 22, 2013.
4659 At the same time, DHS issued a redesignation, enabling eligible At the same time, DHS issued a redesignation, enabling eligible
Haitian nationals who had arrived in the United States up to one year after the earthquake to Haitian nationals who had arrived in the United States up to one year after the earthquake to
receive TPS. The redesignation targeted individuals who were al owed to enter the United States receive TPS. The redesignation targeted individuals who were al owed to enter the United States
immediately after the earthquake on temporary visas or humanitarian parole,immediately after the earthquake on temporary visas or humanitarian parole,
4760 but were not but were not
covered by the initial TPS designation.covered by the initial TPS designation.
4861 Subsequently, then-Secretary Jeh Johnson extended Subsequently, then-Secretary Jeh Johnson extended
Haiti’s designation several more times, through July 22, 2017.
Haiti’s designation several more times, through July 22, 2017.
49
41 For information on country conditions, see CRS Report R43616, El Salvador: Background and U.S. Relations; CRS Report R44560, Nicaragua: In Brief; and CRS Report RL34027, Honduras: Background and U.S. Relations.
42 T he issue of Haitian T PS had arisen several times prior, most notably after the U.S. Ambassador declared Haiti a disaster in September 2004 due to the magnitude of the effects of T ropical Storm Jeanne. A series of tropi cal cyclones 62
A May 2, 2017, letter from members of the Congressional Black Caucus to then-DHS Secretary John Kel y urged another 18-month extension of TPS for Haiti, citing continued recovery difficulties from the 2010 earthquake that kil ed over 300,000 people, an ongoing cholera epidemic, and additional damages from Hurricane Matthew in 2016.63 On May 24, 2017, former Secretary Kel y extended Haiti’s TPS designation for six months (the minimum al owed by statute), from its planned expiration on July 22, 2017, to January 22, 2018, and encouraged
beneficiaries to prepare to return to Haiti should its designation be terminated after six months.64 An October 4, 2017, letter from the Haitian ambassador to then-Acting DHS Secretary Elaine
in 2008 resulted in hundreds of deaths and led some to label the city of Gonaives uninhabitable. T he George W. Bush in 2008 resulted in hundreds of deaths and led some to label the city of Gonaives uninhabitable. T he George W. Bush
Administration did not grant T PS or another form of blanket relief to Haitians, nor was legislation enacted that would Administration did not grant T PS or another form of blanket relief to Haitians, nor was legislation enacted that would
have provided T PS to Haitians, such as H.R. 522 in the 110th Congress. For background information on Haitian have provided T PS to Haitians, such as H.R. 522 in the 110th Congress. For background information on Haitian
migration to the United States, see archived CRS Report RS21349, migration to the United States, see archived CRS Report RS21349,
U.S. Im m igration Policy on Haitian Migrants. .
4356 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for
T emporary Protected Status,” 75T emporary Protected Status,” 75
Federal Register 3476-3479, January 21, 2010. 3476-3479, January 21, 2010.
4457 U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15, U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15,
2010. 2010.
45
58 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial
Registration Period for Haitians under the T emporary Protected Status Program,” 75Registration Period for Haitians under the T emporary Protected Status Program,” 75
Federal Register 39957, July 13, 39957, July 13,
2010. 2010.
4659 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of T emporary Protected Status U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of T emporary Protected Status
for Haitian Beneficiaries,” press release, May 17, 2011. for Haitian Beneficiaries,” press release, May 17, 2011.
4760 Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to
be granted authorization to enter the United State for a temporary period. INA §212(d)(5) (8 U.S.C. §1182(d)(5)).be granted authorization to enter the United State for a temporary period. INA §212(d)(5) (8 U.S.C. §1182(d)(5)).
48 For more information, see CRS Report R46570, Im m igration Parole.
61 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Re -designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Re -designation
of Haiti for T emporary Protected Status,” 76 of Haiti for T emporary Protected Status,” 76
Federal Register 29000-29004, May 19, 2011. 29000-29004, May 19, 2011.
4962 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for T emporary Protected Status,” 80of Haiti for T emporary Protected Status,” 80
Federal Register 51582-51588, August 25, 2015. 51582-51588, August 25, 2015.
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A May 2, 2017, letter from members of the Congressional Black Caucus to then-DHS Secretary John Kel y urged another 18-month extension of TPS for Haiti, citing continued recovery difficulties from the 2010 earthquake that kil ed over 300,000 people, an ongoing cholera epidemic, and additional damages from Hurricane Matthew in 2016.50 On May 24, 2017, Secretary Kel y extended Haiti’s TPS designation for six months (the minimum al owed by statute), from its planned expiration on July 22, 2017, to January 22, 2018, and encouraged
beneficiaries to prepare to return to Haiti should its designation be terminated after six months.51 An October 4, 2017, letter from the Haitian ambassador to then-Acting DHS Secretary Elaine 63 For conditions following Hurricane Matthew, see CRS In Focus IF10502, Haiti: Cholera, the United Nations, and Hurricane Matthew.
64 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Haiti for T emporary Protected Status,” 82 Federal Register 23830-23837, May 24, 2017.
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Duke requested that Haiti’s designation be extended for an additional 18 months.Duke requested that Haiti’s designation be extended for an additional 18 months.
5265 On November On November
20, 2017, DHS announced its decision to terminate TPS for Haiti, with an 18-month transition 20, 2017, DHS announced its decision to terminate TPS for Haiti, with an 18-month transition
period. Its designation was set to terminate on July 22, 2019,period. Its designation was set to terminate on July 22, 2019,
5366 but the termination has not yet but the termination has not yet
taken effect due to
taken effect due to
a legal chal legal chal
enge.54enges.67
Liberia
Liberians in the UnitedLiberians in the United
States first received TPS in March 1991 following the outbreak of civil States first received TPS in March 1991 following the outbreak of civil
war. Although that war ended, a second civil war began in 1999 and escalated in 2000.war. Although that war ended, a second civil war began in 1999 and escalated in 2000.
5568 In 1999, In 1999,
President Clinton authorized DED for an estimated 10,000 Liberians in the United States after President Clinton authorized DED for an estimated 10,000 Liberians in the United States after
their TPS designation expired. DED was subsequently extended by President Clinton and their TPS designation expired. DED was subsequently extended by President Clinton and
President George W. Bush to September 29, 2002. On October 1, 2002, Liberia was designated President George W. Bush to September 29, 2002. On October 1, 2002, Liberia was designated
again for TPS due to ongoing armed conflict.again for TPS due to ongoing armed conflict.
5669 In 2006, the George W. Bush Administration In 2006, the George W. Bush Administration
announced that TPS for Liberia would expire on October 1, 2007, but that covered Liberians announced that TPS for Liberia would expire on October 1, 2007, but that covered Liberians
would be eligible for DED until March 31, 2009. On March 23, 2009, President Obama extended would be eligible for DED until March 31, 2009. On March 23, 2009, President Obama extended
DED for those Liberians until March 31, 2010, and several times thereafter.
DED for those Liberians until March 31, 2010, and several times thereafter.
5770
As a result of the 2014-2016 Ebola outbreak in West Africa, eligible Liberians were again granted
As a result of the 2014-2016 Ebola outbreak in West Africa, eligible Liberians were again granted
TPS, as were eligible Sierra Leoneans and Guineans.TPS, as were eligible Sierra Leoneans and Guineans.
5871 On September 26, 2016, DHS issued a notice terminating TPS for Liberia with an effective date of May 21, 2017; this date provided a six-month extension past when it was previously set to expire, in order to provide an “orderly transition” for beneficiaries to “prepare for and arrange their departure from the United States or
… to apply for other immigration benefits for which they are eligible.”72 Similar termination
notices were issued for Sierra Leone and Guinea.
For a special y designated population of Liberians who had been residing in the United States since October 2002, their DED status was extended by President Obama through March 31, 2018.73 President Trump announced on March 27, 2018, that extending DED again for these 65 On September 26, 2016, DHS issued a
50 For conditions following Hurricane Matthew, see CRS In Focus IF10502, Haiti: Cholera, the United Nations, and
Hurricane Matthew. 51 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Haiti for T emporary Protected Status,” 82 Federal Register 23830-23837, May 24, 2017. 52 Letter from Paul G. Altidor, Ambassador to the United States from Haiti, to Elaine C. Duke, Acting Secretary of the Letter from Paul G. Altidor, Ambassador to the United States from Haiti, to Elaine C. Duke, Acting Secretary of the
Department of Homeland Security, October 4, 2017. Department of Homeland Security, October 4, 2017.
5366 U.S. Department of Homeland Security, “ Acting Secretary Elaine Duke Announcement On T emporary Protected U.S. Department of Homeland Security, “ Acting Secretary Elaine Duke Announcement On T emporary Protected
Status For Haiti,” press release, November 20, 2017, https://www.dhs.gov/news/2017/11/20/acting-secretary-elaine-Status For Haiti,” press release, November 20, 2017, https://www.dhs.gov/news/2017/11/20/acting-secretary-elaine-
duke-announcement -temporary-protected-status-haiti. duke-announcement -temporary-protected-status-haiti.
54
67 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541,
Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward . .
5568 See archived CRS Report RL32243, See archived CRS Report RL32243,
Liberia: Transition to Peace. .
5669 U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the T emporary U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the T emporary
Protected Status Program,” 67Protected Status Program,” 67
Federal Register 61664-61667, October 1, 2002. 61664-61667, October 1, 2002.
5770 See, for example, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Filing See, for example, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Filing
Procedures and Automatic Extension of Employment Authorization and Related Documentation for Liberians Provided Procedures and Automatic Extension of Employment Authorization and Related Documentation for Liberians Provided
Deferred Enforced Departure,” 75Deferred Enforced Departure,” 75
Federal Register 15715, March 30, 2010; T he White House (President Obama), 15715, March 30, 2010; T he White House (President Obama),
Presidential Mem orandum —Office of the Press Secretary, “Deferred Enforced Departure for Liberians, Memorandum,” presidential memorandum for the Secretary of Homeland for the Secretary of Homeland
Security, September 28, 2016Security, September 28, 2016
, https://www.whitehouse.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians.
58 . 71 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Liberia for U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Liberia for
T emporary Protected Status,” 79T emporary Protected Status,” 79
Federal Register 69502-69502, November 21, 2014; and U.S. Department of 69502-69502, November 21, 2014; and U.S. Department of
Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial Registration Period for Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial Registration Period for
Guinea, Liberia and Sierra Leone for T emporary Protected Status,” 80Guinea, Liberia and Sierra Leone for T emporary Protected Status,” 80
Federal Register, Number 122, 36551-36552, June 25, 2015.
72 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Six -Month Extension of T emporary Protected Status Benefits for Orderly T ransition Before T ermination of Liberia’s Designation for T emporary Protected Status,” 81 Federal Register 66059-66064, September 26, 2016. 73 T he White House (President Obama), Office of the Press Secretary, “Deferred Enforced Departure for Liberians,”
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Liberians was not warranted due to improved conditions in Liberia, but that the U.S. foreign policy interests warranted a 12-month wind-down period.74 Federal Register, Number 122, 36551-36552,
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notice terminating TPS for Liberia with an effective date of May 21, 2017; this date provided a six-month extension past when it was previously set to expire, in order to provide an “orderly transition” for beneficiaries to “prepare for and arrange their departure from the United States or … to apply for other immigration benefits for which they are eligible.”59 Similar termination
notices were issued for Sierra Leone and Guinea.
For a special y designated population of Liberians who had been residing in the United States since October 2002, their DED status was extended by President Obama through March 31, 2018.60 President Trump announced on March 27, 2018, that extending DED again for these
Liberians was not warranted due to improved conditions in Liberia, but that the United States’ foreign policy interests warranted a 12-month wind-down period.61 A lawsuit chal enging the A lawsuit chal enging the
termination was filed in federal court on March 8, 2019.termination was filed in federal court on March 8, 2019.
6275 Three days before the effective Three days before the effective
termination date, President Trump—citing congressional efforts to provide longer-term relief for termination date, President Trump—citing congressional efforts to provide longer-term relief for
Liberians—announced a 12-month extension of the wind-down period, to last through March 30, Liberians—announced a 12-month extension of the wind-down period, to last through March 30,
2020.2020.
6376 On March 30, 2020, President Trump again delayed the effective date of the termination On March 30, 2020, President Trump again delayed the effective date of the termination
(this time to (this time to
January 10, 2021) in order to provide continuous employment authorization to January 10, 2021) in order to provide continuous employment authorization to
Liberians eligibleLiberians eligible
to adjust their status under the recently enacted Liberian Refugee Immigration to adjust their status under the recently enacted Liberian Refugee Immigration
Fairness Fairness
provision (see next paragraph). Approximately 589 Liberians have approved employment (see next paragraph). Approximately 589 Liberians have approved employment
authorization documents (EADs) under this DED directive.authorization documents (EADs) under this DED directive.
6477 This number does not reflect al This number does not reflect al
Liberians who might be covered under this DED announcement—only those who applied for and Liberians who might be covered under this DED announcement—only those who applied for and
received an received an
EAD.65
EAD.78 On January 20, 2021, his first day in office, President Biden reinstated DED for Liberians
who had been covered by the prior DED grant.79 The current DED grant is for 18 months.
The 116th Congress incorporated
The 116th Congress incorporated
the Liberian Refugee Immigration Fairness Liberian Refugee Immigration Fairness
into (LRIF) provisions into
the FY2020 the FY2020
National Defense Authorization ActNational Defense Authorization Act
; it (NDAA). LRIF al ows Liberians who have been continuously present in al ows Liberians who have been continuously present in
the United States since November 2014 and their family members to apply for LPR status. the United States since November 2014 and their family members to apply for LPR status.
President Trump signed President Trump signed
itthe FY2020 NDAA into law on December 20, 2019 into law on December 20, 2019
(P.L. 116-92, Section 7611).(P.L. 116-92, Section 7611).
80
Nepal
Nepal was devastated by a massive earthquake on April 25, 2015, kil ing over 8,000 people. The Nepal was devastated by a massive earthquake on April 25, 2015, kil ing over 8,000 people. The
earthquake and subsequent aftershocks demolished much of Nepal’s housing and infrastructure in earthquake and subsequent aftershocks demolished much of Nepal’s housing and infrastructure in
June 25, 2015. 59 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Six -Month Extension of T emporary Protected Status Benefits for Orderly T ransition Before T ermination of Liberia’s Designation for T emporary Protected Status,” 81 Federal Register 66059-66064, September 26, 2016. 60 T he White House (President Obama), “Presidential Memorandum—Deferred Enforced Departure for Liberians,” Memorandum for the Secretary of Homeland Securit y, September 28, 2016, https://www.whitehouse.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians. 61 “Presidential Memorandum for the Secretary of State and the Secretary of Homeland Security,” many areas. Over half a mil ion homes were reportedly destroyed.81 On June 24, 2015, citing a substantial but temporary disruption in living conditions as a result of the earthquake, then-DHS Secretary Johnson designated Nepal for TPS for an 18-month period.82 TPS for Nepal was
presidential memorandum for the Secretary of Homeland Security, September 28, 2016.
74 T he White House (President T rump), Office of the Press Secretary, “Expiration of Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 27, March 27,
2018.
752018, https://www.whitehouse.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-security/.
62 Complaint, African Cmtys. T ogether v. T rump, No. 1:19 -cv-10432 (D. Mass. Mar. 8, 2019). Complaint, African Cmtys. T ogether v. T rump, No. 1:19 -cv-10432 (D. Mass. Mar. 8, 2019).
6376 T he White House (President T rump), T he White House (President T rump),
“Presidential Memorandum on Office of the Press Secretary, “Extension of Deferred Enforced Departure for Extension of Deferred Enforced Departure for
Liberians,” Liberians,”
March 28, 2019, https://www.whitehouse.gov/presidential-actions/memorandum-extension-deferred-enforced-departure-liberians/. 64presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 28, 2019.
77 Numbers provided to CRS by USCIS and represent individuals with a valid EAD as of February 4, 2020. Numbers provided to CRS by USCIS and represent individuals with a valid EAD as of February 4, 2020.
6578 Individuals who benefit from DED are not required to register for the status with USCIS unless they are applying for Individuals who benefit from DED are not required to register for the status with USCIS unless they are applying for
work authorization. work authorization.
T he total number of Liberians currently covered by DED is likely less than 4,000, based on USCIS’s estimate of eligible individuals for the T PS designation that ended on September 30, 2007. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Liberia for T emporary Protected Status,” 70 Federal Register 48176-48179, August 15, 2005.
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many areas. Over half a mil ion homes were reportedly destroyed.66 On June 24, 2015, citing a substantial but temporary disruption in living conditions as a result of the earthquake, DHS Secretary Johnson designated Nepal for TPS for an 18-month period.67 TPS for Nepal was extended for 18 months in October 2016.68In its February 25, 2021 webinar, “ Liberian Refugee Immigration Fairness (LRIF) and Deferred Enforced Departure (DED) for Liberians,” USCIS stated that t he total number of Liberians currently covered by DED is, at most, 2,800. T his number is based on the number of individuals who were eligible for the T PS designation that ended on September 30, 2007 minus those who have since adjusted to LPR status.
79 T he White House (President Biden), Office of the Press Secretary, “Reinstating Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 20, 2021. 80 Section 901 of the Consolidated Appropriations Act, 2021 (P.L. 116-260) extended by one year the deadline to apply for LRIF (to December 20, 2021).
81 See CRS Report R44303, Nepal: Political Developments and U.S. Relations. For information on more recent country conditions, see CRS In Focus IF10216, Nepal.
82 U.S. Department of Justice, Immigration and Nationalization Serv ice, “Designation of Nepal for T emporary Protected Status,” 80 Federal Register 36346-36350, June 24, 2015.
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extended for 18 months in October 2016.83 On April 26, 2018, then-Secretary Kirstjen Nielsen On April 26, 2018, then-Secretary Kirstjen Nielsen
announced her decision to terminate the TPS designation for Nepal, citing her assessment that the announced her decision to terminate the TPS designation for Nepal, citing her assessment that the
original conditions under which the country was designated were no longer substantial and that original conditions under which the country was designated were no longer substantial and that
Nepal could adequately handle the return of its nationals.Nepal could adequately handle the return of its nationals.
6984 A 12-month delay of the termination A 12-month delay of the termination
date to al ow for an orderly transition was also announced; the TPS designation for Nepal was date to al ow for an orderly transition was also announced; the TPS designation for Nepal was
thus set to terminate on June 24, 2019.thus set to terminate on June 24, 2019.
7085 The termination has not yet taken effect due to a legal The termination has not yet taken effect due to a legal
chal enge.
chal enge.
7186
Somalia
Somalia has endured decades of chronic instability and humanitarian crises. Since the collapse of Somalia has endured decades of chronic instability and humanitarian crises. Since the collapse of
the authoritarian Siad Barre regime in 1991, it has lacked a viable central authority capable of the authoritarian Siad Barre regime in 1991, it has lacked a viable central authority capable of
exerting territorial control, securing its borders, or providing security and services to its people. exerting territorial control, securing its borders, or providing security and services to its people.
72 87
Somalia was first designated for TPS in 1991 based on “extraordinary and temporary Somalia was first designated for TPS in 1991 based on “extraordinary and temporary
conditions…conditions … that prevent aliens who are nationals of Somalia from returning to Somalia in that prevent aliens who are nationals of Somalia from returning to Somalia in
safety.”safety.”
73 88 Through 24 subsequent extensions or redesignations, Somalia has maintained TPS due Through 24 subsequent extensions or redesignations, Somalia has maintained TPS due
to insecurity and ongoing armed conflict that present serious threats to the safety of returnees. In to insecurity and ongoing armed conflict that present serious threats to the safety of returnees. In
January 2020, DHS extended Somalia’s designation for another 18 months through September January 2020, DHS extended Somalia’s designation for another 18 months through September
17, 2021.
17, 2021.
7489
Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.
7590 Citing both ongoing armed conflict and extraordinary and temporary conditions that would Citing both ongoing armed conflict and extraordinary and temporary conditions that would
prevent the safe return of Sudanese nationals, the Attorney General designated Sudan for TPS on prevent the safe return of Sudanese nationals, the Attorney General designated Sudan for TPS on
November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 14 November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 14
times.
times.
66 See CRS Report R44303, Nepal: Political Developments and U.S. Relations. For information on more recent country conditions, see CRS In Focus IF10216, Nepal.
67 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for T emporary Protected Status,” 80 Federal Register 36346-36350, June 24, 2015. 68
On July 9, 2011, South Sudan became a new nation.91 With South Sudan’s independence from the
Republic of Sudan, questions arose about whether nationals of the new nation would continue to be eligible for TPS. In response, then-Secretary Napolitano designated South Sudan for TPS on October 17, 2011.92 TPS has been extended or redesignated seven times since then due to ongoing
83 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation
of Nepal for T emporary Protected Status,” 81of Nepal for T emporary Protected Status,” 81
Federal Register 74470-74475, October 26, 2016. 74470-74475, October 26, 2016.
69
84 U.S. Department of Homeland Security, “ Secretary Kirstjen M. Nielsen Announcement on T emporary Protected U.S. Department of Homeland Security, “ Secretary Kirstjen M. Nielsen Announcement on T emporary Protected
Status for Nepal,” press release, April 26, 2018, https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-Status for Nepal,” press release, April 26, 2018, https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-
announcement -temporary-protected-status-nepal. announcement -temporary-protected-status-nepal.
70
85 Ibid. Ibid.
7186 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541,
Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward . .
7287 See CRS In Focus IF10155, See CRS In Focus IF10155,
Somalia. .
7388 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for
T emporary Protected Status,” 56 T emporary Protected Status,” 56
Federal Register 46804-46805, September 16, 1991. 46804-46805, September 16, 1991.
74U89U.S. Citizenship and Immigration Services, “T emporary Protected Status Designated Country: Somalia,” .S. Citizenship and Immigration Services, “T emporary Protected Status Designated Country: Somalia,”
https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-
somalia. somalia.
7590 See CRS In Focus IF10182, See CRS In Focus IF10182,
Sudan. .
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On July 9, 2011, South Sudan became a new nation.76 With South Sudan’s independence from the Republic of Sudan, questions arose about whether nationals of the new nation would continue to be eligible for TPS. In response, Secretary Napolitano designated South Sudan for TPS on October 17, 2011.77 TPS has been extended or redesignated seven times since then due to ongoing 91 See CRS In Focus IF10218, South Sudan. 92 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of South Sudan for T emporary Protected Status,” 76 Federal Register 63629-63635, October 13, 2011.
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armed conflict and extraordinary and temporary conditions in South Sudan, including “ongoing armed conflict and extraordinary and temporary conditions in South Sudan, including “ongoing
civil war marked by brutal violence against civilians, egregious human rights violations and civil war marked by brutal violence against civilians, egregious human rights violations and
abuses, and a humanitarian disaster on a devastating scale across the country.”abuses, and a humanitarian disaster on a devastating scale across the country.”
7893 The latest The latest
extension was for 18 months and expires on May 2, 2022.
extension was for 18 months and expires on May 2, 2022.
7994
Meanwhile, citing improved conditions in Sudan, including a reduction in violence and an
Meanwhile, citing improved conditions in Sudan, including a reduction in violence and an
increase in food harvests, then-Acting DHS Secretary Duke announced in September 2017 that increase in food harvests, then-Acting DHS Secretary Duke announced in September 2017 that
Sudan’s TPS designation would expire on November 2, 2018.Sudan’s TPS designation would expire on November 2, 2018.
8095 The termination has not yet taken The termination has not yet taken
effect due to a legal chal enge.
effect due to a legal chal enge.
8196
Syria
The political uprising of 2011 in Syria grew into an intensely violent civil war that has led to 5.6 The political uprising of 2011 in Syria grew into an intensely violent civil war that has led to 5.6
mil ion Syrians fleeing the country and 6.2 mil ion more internal y displaced as of early 2020.mil ion Syrians fleeing the country and 6.2 mil ion more internal y displaced as of early 2020.
82
97 On March 29, 2012, On March 29, 2012,
then-Secretary of Homeland Security Janet Napolitano designated Syria for TPS Secretary of Homeland Security Janet Napolitano designated Syria for TPS
through September 30, 2013, citing temporary extraordinary conditions that would make it through September 30, 2013, citing temporary extraordinary conditions that would make it
unsafe unsafe
for Syrian nationals already in the United States to return to the country.for Syrian nationals already in the United States to return to the country.
8398 In that initial granting In that initial granting
of TPS, of TPS,
former Secretary Napolitano made clear that DHS would conduct full background checks on Secretary Napolitano made clear that DHS would conduct full background checks on
Syrians registering for TPS.Syrians registering for TPS.
8499 TPS for Syrian nationals has since been extended. The 18-month TPS for Syrian nationals has since been extended. The 18-month
extension on August 1, 2016, was accompanied by a redesignation, which updated the required extension on August 1, 2016, was accompanied by a redesignation, which updated the required
arrival date into the United States for Syrians from January 5, 2015, to August 1, 2016.arrival date into the United States for Syrians from January 5, 2015, to August 1, 2016.
85100 On On
January 31, 2018, January 31, 2018,
then-Secretary Nielsen announced her decision to Secretary Nielsen announced her decision to
extend the TPS designation for extend the TPS designation for
Syria for another 18 months, citing the ongoing armed conflict Syria for another 18 months, citing the ongoing armed conflict
and extraordinary conditions that prompted the original designation.101 This announcement did not include a redesignation; thus, Syrians who entered the United States after August 1, 2016, remained ineligible.102 The Trump Administration issued another 18-month extension (without
93and extraordinary conditions that
76 See CRS In Focus IF10218, South Sudan. 77 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of South Sudan for T emporary Protected Status,” 76 Federal Register 63629-63635, October 13, 2011. 78 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for
T emporary Protected Status,” 82 T emporary Protected Status,” 82
Federal Register 44205-44211, September 21, 2017. 44205-44211, September 21, 2017.
7994 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Alert U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Alert
,” https://www.uscis.gov/” https://www.uscis.gov/
humanitarian/temporary-protected-status. (As of the date of this report, the humanitarian/temporary-protected-status. (As of the date of this report, the
Federal Register notice extending the notice extending the
designation had not been published.) designation had not been published.)
8095 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of
th et he Designation Designation
of Sudan for T emporary Protected Status,” 82 of Sudan for T emporary Protected Status,” 82
Federal Register 47228-47234, October 11, 2017. 47228-47234, October 11, 2017.
8196 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541,
Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward . .
8297 See CRS Report R43119, See CRS Report R43119,
Syria: Overview of the Humanitarian Response; and CRS Report RL33487, ; and CRS Report RL33487,
Armed
Conflict in Syria: Overview and U.S. Response. .
8398 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services,
“Designation of Syrian Arab “Designation of Syrian Arab
Republic for T emporary Protected Status,” 61Republic for T emporary Protected Status,” 61
Federal Register 19026-19030, March 29, 2012. 19026-19030, March 29, 2012.
8499 Secretary of Homeland Security Janet Napolitano, “T emporary Protected Status (T PS) for Syrian Nationals,” press Secretary of Homeland Security Janet Napolitano, “T emporary Protected Status (T PS) for Syrian Nationals,” press
release, March 23, 2012, http://www.dhs.gov/ynews/releases/20120323-napolitano-statement-syria-tps.shtm. release, March 23, 2012, http://www.dhs.gov/ynews/releases/20120323-napolitano-statement-syria-tps.shtm.
85100 Previously, Syrians who had arrived in the United States after January 5 Previously, Syrians who had arrived in the United States after January 5
, 2015, were not eligible for T PS. T he , 2015, were not eligible for T PS. T he
redesignation allows Syrians that arrived between January 5, 2015, and August 1, 2016, to be eligible for T PS. U.S. redesignation allows Syrians that arrived between January 5, 2015, and August 1, 2016, to be eligible for T PS. U.S.
Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and
RedesignationRedesignat ion of Syria of Syria
for T emporary Protected Status,” 81for T emporary Protected Status,” 81
Federal Register 50533-50541, August 1, 2016. 50533-50541, August 1, 2016.
101 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement On T emporary Protected Status For Syria,” press release, January 31, 2018, https://www.dhs.gov/news/2018/01/31/secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
102 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation Syria for T emporary Protected Status,” 83 Federal Register 9329-9336, March 5, 2018.
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prompted the original designation.86 This announcement did not include a redesignation; thus, Syrians who entered the United States after August 1, 2016, are not eligible.87 The Trump Administration has since issued another 18-month extension (without redesignation) for Syria
through March 31, 2021.88
Yemen
On September 3, 2015, DHS Secretary Johnson designated Yemen for TPS through March 3, 2017, due to ongoing armed conflict in the country.89 A 2015 DHS press release stated that
“requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to their personal safety.”90redesignation) for Syria through March 31, 2021.103 On January 29, 2021, the Biden Administration announced a redesignation and 18-month extension of Syria’s TPS. This action enables eligible Syrian nationals to retain their TPS through September 2022 and al ows
approximately 1,800 additional individuals to file initial applications to obtain such status.104
Venezuela
Venezuela is in a deep crisis under the authoritarian rule of Nicolás Maduro. Narrowly elected in 2013 after the death of populist President Hugo Chávez, Maduro began a second term in January 2019 that is widely considered il egitimate.105 By most accounts, Maduro’s government has mismanaged the economy and engaged in massive corruption, exacerbating the effects of a decline in global oil prices and production on the country’s economy. Shortages in food and medicine, declines in purchasing power, and a collapse of social services have created a
humanitarian crisis.106
During 2019, some Members of Congress and nonprofit organizations requested that the Trump
Administration designate Venezuela for TPS,107 and the House passed a bil that would have designated Venezuela for TPS for 18 months.108 In response to a letter requesting TPS for Venezuela, the Acting Director of USCIS stated that USCIS would not recommend any new countries for TPS “until such time as federal courts resume following federal law,” referring to court decisions to enjoin the Trump Administration’s terminations of TPS designations for several countries.109 The Trump Administration never designated Venezuela for TPS. However, on his last
full day in office, President Trump granted DED for Venezuelans present in the United States as of January 20, 2021, asserting that the Maduro regime is responsible for “the worst humanitarian
crisis in the Western Hemisphere in recent memory.”110
The Biden Administration determined that Venezuela met the statutory conditions for a TPS designation on the basis of extraordinary and temporary conditions. Unlike DED, designating Venezuela for TPS al ows those who qualify to obtain an immigration status and documentation thereof; it also requires that the Administration reconsider country conditions on a periodic basis and extend or terminate the status accordingly. On March 8, DHS Secretary Mayorkas announced
an 18-month TPS designation for Venezuela, citing the following factors:
103 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation Syria for T emporary Protected Status,” 84 Federal Register 49751-49757, September 23, 2019. 104 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria for T emporary Protected Status,” 86 Federal Register 14946-14952, March 19, 2021.
105 CRS In Focus IF10230, Venezuela: Political Crisis and U.S. Policy. 106 Ibid. 107 See, for example, letter from 24 U.S. Senators to President Donald J. T rump, March 7, 2019, https://www.durbin.senate.gov/imo/media/doc/March7%20Venezuela%20T PS%20Letter%20FINAL%20SIGNED.pdf ; and letter from 23 U.S. Representatives to Kevin McAleenan, acting Secretary of DHS, May 10, 2019, https://www.uscis.gov/sites/default/files/document/foia/T PS_-_Venezuela_-_Representative_Mucarsel-Powell.pdf.
108 H.R. 549, 116th Congress. 109 Letter from Ken Cucinelli II, acting director, USCIS, to Leith Anderson, president, National Association of Evangelicals, October 24, 2019, https://www.uscis.gov/sites/default/files/document/foia/T PS_-_Venezuela_-_Anderson.pdf. For information on the T PS-related injunctions, see CRS Legal Sidebar LSB10215, Federal District Court Enjoins the Departm ent of Hom eland Security from Term inating Tem porary Protected Status.
110 T he White House (President T rump), Office of the Press Secretary, “Deferred Enforced Departure for Certain Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 19, 2021.
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economic contraction; inflation and hyperinflation; deepening poverty; high levels of unemployment; reduced access to and shortages of food and medicine; a severely weakened medical system; the reappearance or increased incidence of certain communicable diseases; a collapse in basic services; water, electricity, and fuel shortages; political polarization; institutional and political tensions; human rights abuses and repression; crime and violence; corruption; increased human mobility and displacement (including internal migration, emigration, and return); and the impact of the COVID-19 pandemic, among other factors.111
USCIS estimates that approximately 323,000 individuals are eligible to file applications for TPS
under the designation of Venezuela.112
Because Venezuela is currently designated for both TPS and DED, Venezuelans may apply for work authorization pursuant to either type of relief.113 DHS encourages Venezuelans who are eligible for both TPS and DED to apply for TPS during the initial registration period (March 9, 2021-September 5, 2021) since they may not qualify for TPS late initial filing after DED has
expired.114
Yemen
On September 3, 2015, then-DHS Secretary Johnson designated Yemen for TPS through March 3, 2017, due to ongoing armed conflict in the country.115 A 2015 DHS press release stated that “requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to
their personal safety.”116 Since 2015, the war in Yemen has kil ed over 100,000 people, including Since 2015, the war in Yemen has kil ed over 100,000 people, including
civilians as wel as combatants. According to the United Nations, Yemen is the world’s worst civilians as wel as combatants. According to the United Nations, Yemen is the world’s worst
humanitarian crisis, with 80% of the population in need of assistance. Relief efforts in the region humanitarian crisis, with 80% of the population in need of assistance. Relief efforts in the region
have been complicated by ongoing violence and considerable damage to the country’s have been complicated by ongoing violence and considerable damage to the country’s
infrastructure.infrastructure.
91117 On January 4, 2017, DHS extended and redesignated Yemen’s current TPS On January 4, 2017, DHS extended and redesignated Yemen’s current TPS
designation through September 3, 2018. The redesignation updated the required arrival date into
designation through September 3, 2018. The redesignation updated the required arrival date into
the United States for individuals from Yemen from September 3, 2015, to January 4, 2017.the United States for individuals from Yemen from September 3, 2015, to January 4, 2017.
92118 The The
Federal Register notice explained that the “continued deterioration of the conditions for civilians notice explained that the “continued deterioration of the conditions for civilians
in Yemen and the resulting need to offer protection to individuals who have arrived in the United in Yemen and the resulting need to offer protection to individuals who have arrived in the United
States after the eligibility cutoff dates” warranted the redesignation of TPS.93 The Trump
Administration has twice extended Yemen’s TPS designation for durations of 18 months, but the
arrival cutoff date remains the same.94 Its current designation lasts through September 3, 2021.95
State of Residence of TPS Recipients
Individuals with TPS reside in al 50 states, the District of Columbia, and the U.S. territories. The largest populations live in traditional immigrant gateway states: California, Florida, Texas, and
New York. In addition, six other states had at least 10,000 TPS recipients as of November 2019:
86 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement On T emporary Protected Status For Syria,” press release, January 31, 2018, https://www.dhs.gov/news/2018/01/31/secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected. 87 U.S. Department of Homeland Security, Citizenship and Immigration Services, “Extension of the Designation Syria for T emporary Protected Status,” 83 Federal Register 9329-9336, March 5, 2018. 88 U.S. Department of Homeland Security, Citizenship and Immigration Services, “Extension of the Designation Syria for T emporary Protected Status,” 84 Federal Register 49751-49757, September 23, 2019. 89 U.S. Department of Homeland Security, Citizenship and Immigration Services, “Designation of the Republic of Yemen for T emporary Protected Status,” 80 Federal Register 53319-53323, September 3, 2015. 90
111 U.S. Department of Homeland Security, “Designation of Venezuela for T emporary Protected Status and Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal Register 13574-13581, March 9, 2021.
112 Ibid. 113 T hose who are approved for work authorization pursuant to their T PS application are to receive an employment authorization document (EAD) valid through September 9, 2022; if Venezuela’s T PS designation is subsequently extended, such an EAD would be eligible for renewal. Venezuelans who are approved for an EAD pursuant to DED will receive an EAD valid through July 20, 2022; if the President does not extend Venezuela’s DED, such an EAD would expire on July 20, 2022. 114 In limited circumstances, an individual may apply for T PS after the initial registration period has ended. See 8 C.F.R. §244.2(f)(2).
115 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of the Republic of Yemen for T emporary Protected Status,” 80 Federal Register 53319-53323, September 3, 2015. 116 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DHS Announces T emporary U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DHS Announces T emporary
Protected Status Designation for Yemen,” press release, September 3, 2015, http://www.uscis.gov/news/dhs-Protected Status Designation for Yemen,” press release, September 3, 2015, http://www.uscis.gov/news/dhs-
announces-temporary-protected-status-designation-yemen. announces-temporary-protected-status-designation-yemen.
91117 See CRS Report R43960, See CRS Report R43960,
Yemen: Civil War and Regional Intervention. .
92118 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation
of the Republic of Yemen for T emporary Protected Status,” 82 of the Republic of Yemen for T emporary Protected Status,” 82
Federal Register 859-866, January 4, 2017. 859-866, January 4, 2017.
93 Ibid. 94 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for T emporary Protected Status,” 83 Federal Register 40307-40313, August 14, 2018. 95 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T emporary Protected Status Designated Country: Yemen,” https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-yemen.
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Virginia, Maryland, New Jersey, Massachusetts, North Carolina, and Georgia. Hawai , Wyoming,
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States after the eligibility cutoff dates” warranted the redesignation of TPS.119 The Trump Administration twice extended Yemen’s TPS designation for durations of 18 months each, but the
arrival cutoff date remains the same.120 Its current designation lasts through September 3, 2021.
State of Residence of TPS Recipients Individuals with TPS reside in al 50 states, the District of Columbia, and the U.S. territories. The largest populations live in traditional immigrant gateway states: California, Florida, Texas, and
New York. In addition, five other states had at least 10,000 TPS recipients as of March 2021:
Maryland, Virginia, New Jersey, Massachusetts, and North Carolina. Se. Se
e Figure 1 a a
nd Table A-1.
Figure 1. Individuals with Temporary Protected Status by State of Residence
Source: CRS presentation of data provided by USCIS CRS presentation of data provided by USCIS
. Notes: These data reflect the number of individuals (rounded to the nearest five) with an approved TPS application as of March 11, 2021, who had not obtained LPR status or U.S. citizenship. The data Notes: These data reflect individuals with TPS as of November 7, 2019. Data include some individuals who have since adjusted to another status (excluding those who became U.S. citizens) and may include individuals who may include individuals who
have moved to another state, left the country, or diedhave moved to another state, left the country, or died
; data since their last TPS approval, and do not necessarily include al do not necessarily include al
nationals nationals
offrom the the
specified countries who are in the United States and are eligible for the specified countries who are in the United States and are eligible for the
status.
119 Ibid. 120 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for T emporary Protected Status,” 83 Federal Register 40307-40313, August 14, 2018; U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Ex tension of the Designation of Yemen for T emporary Protected Status,” 85 Federal Register 12313-12319, March 2, 2020.
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status.
Adjustment of Status
A grant of TPS does not provide a recipient with a designated pathway to LPR status; however, a A grant of TPS does not provide a recipient with a designated pathway to LPR status; however, a
TPS recipient is not barred from acquiring nonimmigrant or immigrant status if he or she meets TPS recipient is not barred from acquiring nonimmigrant or immigrant status if he or she meets
the requirements.the requirements.
121 There are statutory limitations on Congress providing adjustment of status to There are statutory limitations on Congress providing adjustment of status to
TPS recipients. Section 244(h) of the INA (8 U.S.C. TPS recipients. Section 244(h) of the INA (8 U.S.C.
§1254a(h)) states that the consideration of any 1254a(h)) states that the consideration of any
bil ,bil ,
resolution, or amendment that provides for the adjustment to lawful temporary or lawful resolution, or amendment that provides for the adjustment to lawful temporary or lawful
permanent resident status for any TPS recipient requires a supermajority in the Senate (i.e., three-permanent resident status for any TPS recipient requires a supermajority in the Senate (i.e., three-
fifths of al Senators) voting affirmatively.
fifths of al Senators) voting affirmatively.
Over the years, Congress has provided for the adjustment to LPR status
Over the years, Congress has provided for the adjustment to LPR status
tofor groups of nationals groups of nationals
who had been given who had been given
temporary relief from removalTPS or DED. In 1992, Congress enacted legislation . In 1992, Congress enacted legislation
al owing Chinese nationals who had DED following the Tiananmen Square massacre to adjust to al owing Chinese nationals who had DED following the Tiananmen Square massacre to adjust to
LPR status (P.L. 102-404). The Nicaraguan Adjustment and Central American Relief Act LPR status (P.L. 102-404). The Nicaraguan Adjustment and Central American Relief Act
(NACARA) (Title II of P.L. 105-100), which became law in 1997, provided eligibility for LPR (NACARA) (Title II of P.L. 105-100), which became law in 1997, provided eligibility for LPR
status to certain Nicaraguans, Cubans, Guatemalans, Salvadoransstatus to certain Nicaraguans, Cubans, Guatemalans, Salvadorans
, and nationals of the former
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(some of whom were covered by TPS), and
nationals of the former Soviet bloc who had applied for asylum and had been living in the United States for a certain Soviet bloc who had applied for asylum and had been living in the United States for a certain
period of time. The following year, Congress passed the Haitian Refugee Immigration Fairness Act, enabling Haitians who had filed asylum claims or who were paroled into the United States before December 31, 1995, to adjust to lawful permanent residence (P.L. 105-277). The period of time. The 116th 116th
Congress incorporated Congress incorporated
the Liberian Refugee Immigration Fairness Liberian Refugee Immigration Fairness
Actprovisions into the FY2020 National into the FY2020 National
Defense Authorization Act; it al ows Liberians who have been continuously present in the United Defense Authorization Act; it al ows Liberians who have been continuously present in the United
States since November 2014 and their family members to apply for LPR status. President Trump States since November 2014 and their family members to apply for LPR status. President Trump
signed it into law on December signed it into law on December
20, 2019 (P.L. 116-92, Section 7611). 20, 2019 (P.L. 116-92, Section 7611).
Other legislation to al ow
Other legislation to al ow
nationals from various countriespersons with TPS to adjust to LPR status with TPS to adjust to LPR status
received action in past Congresses, but was not enacted. For instance, the Senate-passed received action in past Congresses, but was not enacted. For instance, the Senate-passed
comprehensive immigration comprehensive immigration
reform bil in the 113th Congress (S. 744) did not include specific reform bil in the 113th Congress (S. 744) did not include specific
provisions for foreign nationals with TPS to adjust status, but many would have qualified for the provisions for foreign nationals with TPS to adjust status, but many would have qualified for the
registered provisional immigrant registered provisional immigrant
status that S. 744 would have established.status that S. 744 would have established.
96 122
Selected Legislative Activity in the 116th Congressand 117th Congresses
Various proposals related to TPS Various proposals related to TPS
have been introduced and consideredand DED were introduced in the 116th Congress. in the 116th Congress.
These These
include bil s included bil s that would that would
extendhave extended current TPS designations or current TPS designations or
add new countries to those designatedadded new designations for TPS (e.g., for TPS (e.g.,
Venezuela Venezuela or Hong Kong),or Hong Kong),
97 prohibit123 prohibited federal funds from being used to federal funds from being used to
remove TPS remove TPS
recipients,98 make
recipients,124 made TPS or DED recipients eligible TPS or DED recipients eligible
for federal financial aid for higher for federal financial aid for higher
education,education,
99 or provide125 or provided for adjustment to LPR status for TPS adjustment to LPR status for TPS
orand DED recipients who DED recipients who
have been living
in the United States for several years.100had been
121 In order to adjust to LPR status, an individual generally must have been “inspected and admitted or paroled” into the United States (INA §245(a), 8 U.S.C. §1255(a)). In recent years, some federal courts have addressed whether aliens who unlawfully entered the United States but later received T PS are considered to be “ inspected and admitted” into the United States. Reviewing courts have split on this issue. For more information, see CRS Legal Sidebar LSB10554, Are Tem porary Protected Status Recipients Eligible to Adjust Status?
122 See archived CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in Senate-Passed S. 744. 123 H.R. 549, H.R. 1926, H.R. 2413, H.R. 2783, H.R. 4112, H.R. 4272, H.R. 4303, H.R. 8428, S. 636, S. 2176, and S. 2478, for example.
124 H.R. 3931, for example. 125 H.R. 1298, H.R. 4674, and S. 1346, for example.
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living in the United States for several years.126 Other bil s introduced in the 116th Congress variously Other bil s introduced in the 116th Congress variously
seeksought to limit TPS by transferring authority from DHS to Congress to designate foreign to limit TPS by transferring authority from DHS to Congress to designate foreign
states 101states127 or or
making ineligible for TPS aliens who lack a lawful immigration status or who are members of making ineligible for TPS aliens who lack a lawful immigration status or who are members of
criminal gangs.criminal gangs.
102
Two bil s that would provide longer-term lawful status to TPS recipients passed the House. The American Dream and Promise Act of 2019 (H.R. 6) would al ow TPS-qualified aliens to adjust to LPR status. It 128 The House passed H.R. 549, which would have designated
Venezuela for TPS for a period of 18 months.
As noted earlier, in the 116th Congress the National Defense Authorization Act for Fiscal Year 2020 (S. 1790) included Section 7611 (Liberian Refugee Immigration Fairness), which al ows certain Liberian nationals to apply for LPR status. S. 1790 was signed into law by President
Trump on December 20, 2019, and became P.L. 116-92.
Two bil s that would have provided LPR status to TPS recipients passed the House in the 116th Congress. Title II of the American Dream and Promise Act of 2019 (H.R. 6) would have al owed
individuals who were eligible for TPS or DED as of January 1, 2017, and who had been living in the United States for at least three years before the date of enactment to become LPRs. These provisions would have applied to nationals of 13 countries. Certain individuals with TPS or DED protection would have also been covered by the legalization provisions in Title I of H.R. 6. It passed the House on June 4, 2019. The Farm Workforce Modernization Act of 2019 passed the House on June 4, 2019. The Farm Workforce Modernization Act of 2019
(H.R. 5038) would establish a certified agricultural worker (CAW) status and al ow DHS to grant
such status to TPS recipients and certain other aliens who have performed a certain amount of agricultural labor in the last two years. CAW status would be valid for 5.5 years and could be extended. An alien granted CAW status could apply for LPR status after meeting various requirements, including performing a certain amount of agricultural labor for a number of years. H.R. 5038 passed the House on December 11, 2019. The House also passed H.R. 549, which
would designate Venezuela for TPS for a period of 18 months.
In the Senate, the National Defense Authorization Act for Fiscal Year 2020 (S. 1790) includes the Liberian Refugee Immigration Fairness Act (Section 7611), which al ows Liberian nationals who
have been continuously present in the United States since November 20, 2014, and their family
96 See archived CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in
Senate-Passed S. 744.
97 H.R. 549, H.R. 1926, H.R. 2413, H.R. 2783, H.R. 4112, H.R. 4272, H.R. 4303, H.R. 8428, S. 636, S. 2176, and S. 2478, for example.
98 H.R. 3931, for example. 99 H.R. 1298, H.R. 4674, and S. 1346, for example. 100 H.R. 6, H.R. 1169, H.R. 2783, S. 456, S. 874, S. 879, and S. 1790, for example. 101 H.R. 3899, for example. 102 H.R. 98, H.R. 574, H.R. 1106, H.R. 3899, and S. 599, for example.
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Temporary Protected Status: Overview and Current Issues
members to apply for LPR status. S. 1790 was signed into law by President Trump on December
20, 2019, and became P.L. 116-92.
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16(H.R. 5038)
would have established a process for certain farm workers in the United States to obtain a legal temporary status and then LPR status. TPS and DED recipients who met the farm work and other requirements under the bil , would have been eligible. H.R. 5038 passed the House on December
11, 2019.
Bil s similar to these two were introduced in the 117th Congress (H.R. 6 and H.R. 1603, respectively) and passed the House on March 18, 2021. The 117th Congress version of H.R. 6 would al ow individuals who were eligible for TPS as of January 1, 2017, or DED as of January 20, 2021, and who accumulate three years of continuous presence in the United States to become
LPRs. These provisions would apply to nationals of 14 countries (the same 13 countries eligible under the version of the bil that passed the 116th Congress, plus Venezuela). The 117th Congress version adds a provision (Section 203) clarifying that TPS recipients are considered “inspected and admitted” for purposes of adjustment to LPR status.129 The 117th Congress version of the Farm Workforce Modernization Act (H.R. 1603) is highly similar to H.R. 5038 from the 116th Congress. Like H.R. 5038, it would establish a process for certain farm workers in the United
States (including those with TPS or DED) to obtain a legal temporary status and then LPR status.
126 H.R. 6, H.R. 1169, H.R. 2783, S. 456, S. 874, S. 879, and S. 1790, for example. 127 H.R. 3899, for example. 128 H.R. 98, H.R. 574, H.R. 1106, H.R. 3899, and S. 599, for example. 129 For more information, see CRS Legal Sidebar LSB10554, Are Temporary Protected Status Recipients Eligible to Adjust Status?
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Appendix.
Table A-1. Individuals with Temporary Protected Status by State of Residence
Individuals
Individuals
State
with TPS
State
with TPS
Alabama
Alabama
890
705
Nevada
Nevada
4,129
3,015
Alaska
Alaska
101
55
New Hampshire
New Hampshire
366
270
Arizona
Arizona
1,653
1,095
New Jersey
New Jersey
18,397
14,220
Arkansas
Arkansas
3,525
2,800
New Mexico
New Mexico
382
295
California
California
74,099
54,285
New York
New York
50,537
40,855
Colorado
Colorado
2,964
2,380
North Carolina
North Carolina
14,865
12,035
Connecticut
Connecticut
2,750
2,085
North Dakota
North Dakota
105
75
Delaware
Delaware
767
600
Ohio
Ohio
2,163
1,615
District of Columbia
District of Columbia
3,226
2,595
Oklahoma
Oklahoma
971
700
Florida
Florida
56,513
42,980
Oregon
Oregon
914
610
Georgia
Georgia
11,629
9,550
Pennsylvania
Pennsylvania
3,103
2,235
Hawai
Hawai
96
5
Rhode Island
Rhode Island
861
605
Idaho
Idaho
212
60
South Carolina
South Carolina
1,623
1,300
Il inois
Il inois
3,904
140
South Dakota
South Dakota
253
180
Indiana
Indiana
2,606
2,895
Tennessee
Tennessee
3,079
2,435
Iowa
Iowa
1,483
2,045
Texas
Texas
53,069
41,945
Kansas
Kansas
1,298
1,130
Utah
Utah
1,269
895
Kentucky
Kentucky
927
940
Vermont
Vermont
48
35
Louisiana
Louisiana
2,156
695
Virginia
Virginia
27,705
22,140
Maine
Maine
191
1,685
Washington
Washington
2,304
1,755
Maryland
Maryland
27,178
22,760
West Virginia
West Virginia
242
160
Massachusetts
Massachusetts
17,069
13,160
Wisconsin
Wisconsin
647
490
Michigan
Michigan
1,770
1,170
Wyoming
Wyoming
54
40
Minnesota
Minnesota
2,718
2,135
U.S. Virgin Islands
U.S. Virgin Islands
639525
Mississippi
Mississippi
458
360
Puerto Rico
Puerto Rico
7955
Missouri
Missouri
1,427
1,035
Northern Mariana Islands
Northern Mariana Islands
2925
Montana
Montana
29
10
Other/Unknown
Other/Unknown
109105
Nebraska
Nebraska
1,745
1,335
Total
411,326319,465
Source: Data provided to CRS by USCIS. Data provided to CRS by USCIS.
Notes: These data reflect individuals These data reflect individuals
with an approved TPS application as of November 7, 2019; the data include some individuals who have since adjusted to another status (excluding those who became U.S. citizens), may (rounded to the nearest five) with TPS as of March 11, 2021, who had not obtained LPR status or U.S. citizenship. The data may include individuals who have leftinclude individuals who have left
the country or diedthe country or died
since their last TPS approval, and do not necessarily include al nationals from, and do not necessarily include al nationals from
the specified the specified countries who are in the United States and are eligible for the status. “Other” includes countries who are in the United States and are eligible for the status. “Other” includes
Guam.
Federated States of Micronesia, Guam, Marshal Islands, and the Armed Forces.
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Author Information
Jill H. Wilson Jill H. Wilson
Analyst in Immigration Policy
Analyst in Immigration Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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