Temporary Protected Status: Overview and October 26, 2020 Current Issues Jill H. Wilson When civil unrest, violence, or natural disasters erupt in countries around the world, concerns Analyst in Immigration arise over the ability of foreign nationals in the United States from those countries to safely Policy return. Provisions exist in the Immigration and Nationality Act (INA) to offer temporary 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 TPS for periods of 6 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 who is granted TPS receives a registration document and employment authorization for the duration of the TPS designation.

The United States currently provides TPS to approximately 411,000 foreign nationals from 10 countries: El Salvador, Haiti, 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 of TPS for six countries—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.

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. Various proposals related to TPS have been introduced in the 116^th116th Congress, including to expand the program to additional countries (e.g., Venezuela or the BahamasHong Kong), provide a pathway to LPR status, or prohibit gang members or those without lawful status from receiving TPS. A provision to allow Liberians who have been continuously present in the United States since 2014 and their family members to apply for LPR status was enacted in December 2019 as part of the FY2020 National Defense Authorization Act.

Federal law provides that all aliens¹ Congressional Research Service link to page 4 link to page 4 link to page 5 link to page 7 link to page 7 link to page 8 link to page 9 link to page 11 link to page 12 link to page 13 link to page 14 link to page 14 link to page 15 link to page 16 link to page 16 link to page 17 link to page 18 link to page 17 link to page 9 link to page 20 link to page 20 link to page 21 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 for TPS and DED ............................................................................. 5 Central America ........................................................................................................ 6 Haiti ........................................................................................................................ 8 Liberia ..................................................................................................................... 9 Nepal..................................................................................................................... 10 Somalia.................................................................................................................. 11 Sudan and South Sudan ............................................................................................ 11 Syria...................................................................................................................... 12 Yemen ................................................................................................................... 13 State of Residence of TPS Recipients ............................................................................... 13 Adjustment of Status ..................................................................................................... 14 Selected Legislative Activity in the 116th Congress ............................................................. 15 Figures Figure 1. Individuals with Temporary Protected Status by State of Residence ......................... 14 Tables Table 1. TPS Beneficiaries by Country of Citizenship ........................................................... 6 Table A-1. Individuals with Temporary Protected Status by State of Residence ....................... 17 Appendixes Appendix. .................................................................................................................... 17 Contacts Author Information ....................................................................................................... 18 Congressional Research Service 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 the Immigration and Nationality Act (INA). The INA allowsal ows for the admission of (1) immigrants, 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 travelers). Foreign nationals who lack lawful immigration status generally fall status general y fal into three categories: (1) those who are admitted legallylegal y and then overstay their nonimmigrant visas, (2) those who enter the country surreptitiously without inspection, and (3) those who are admitted on the basis of fraudulent documents. In all al three instances, the aliens are in the United States in violation of the INA and subject to removal.

The executive branch has discretion to grant temporary reprieves from removal to aliens present in the United States in violation of the INA.²2 Temporary Protected Status (TPS), codified in INA Section 244,³3 provides temporary relief from removal and work authorization to foreign nationals—regardless of their immigration status—in the United States from countries 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 migration. Another form of blanket relief⁴relief4 from removal—Deferred Enforced Departure (DED)—is also described, as is the historical use of these relief mechanisms. This report then provides data on the countries currently designated for TPS, including the conditions that have contributed 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 discussion of legislative legislative activity in the 116^th116th Congress related to TPS.

Humanitarian Response

As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N. Protocol),⁵5 the United States agrees to the principle of nonrefoulement, which asserts that a 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 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 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. national is a person owing permanent allegiance to the United States and includes citizens. Noncitizen nationals are 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 alien and foreign national are used interchangeably. 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. 4 T he term blanket relief 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-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, defines who is a refugee and sets out the legal, social, and other kinds of protections that refugees and those seeking asylum are entitled to receive. It also states the responsibilities of nations that grant asylum. United Nations High Commission for Refugees, Convention Relating to the Status of Refugees and Its 1967 Protoco l, Geneva, Switzerland, http://www.unhcr.org/en-us/about-us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967-protocol.html. Congressional Research Service 1 Temporary Protected Status: Overview and Current Issues is embodied in several provisions of U.S. immigration law. Most notably, it is reflected in INA 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, membership in a particular social group, or political opinion.⁶

6 The legal definition of a refugee in the INA, which is consistent with the U.N. Protocol, specifies that a refugee is a person who is unwillingunwil ing or unable to return to his/her countryc ountry of nationality or habitual residence because of persecution or a wellwel -founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.⁷7 This 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 while those in the United States or at a U.S. port of entry apply for asylum.⁸8 Those admitted as refugees or granted asylum can apply for LPR status after one year.

Other foreign nationals in the United States who may elicit a humanitarian response may not qualify for asylum; under certain circumstances these persons may be eligible for relief from removal through TPS or DED.

Temporary Protected Status

TPS is a blanket form of humanitarian relief. It is the statutory embodiment of safe haven for foreign nationals within the United States who may not qualify for asylum but are nonetheless fleeing—or reluctant to return to—potentiallypotential 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 of the Department of Homeland Security (DHS),⁹9 in consultation with other government agencies (most notably the Department of State), the authority to designate a country for TPS under one or more of the following conditions: (1) ongoing armed conflict in a foreign state that poses a serious threat to personal safety; (2) a foreign state request for TPS because it temporarily cannot handle the return of its nationals due to an environmental disaster; or (3) extraordinary and temporary conditions in a foreign state that prevent its nationals from safely returning. A foreign state may not be designated for TPS if the Secretary of DHS finds that allowingal owing its nationals to temporarily stay in the United States is against the U.S. national interest.¹⁰

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.¹¹11 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 allowal ow those who arrived later to qualify, an action referred to as redesignation.¹² To obtain TPS, eligible foreign nationals within the United States must pay specified fees¹³ and submit an application to DHS'12 To 6 Section 208 of INA (8 U.S.C. §1158); Section 241(b)(3) of INA (8 U.S.C. §1231 (b)(3)); and Section 101(a)(42) of INA (8 U.S.C. §1101(a)(42)).] 7 Section 101(a)(42) of INA (8 U.S.C. §1101(a)(42). 8 See CRS Report R45539, Immigration: U.S. Asylum Policy; and CRS Report RL31269, Refugee Admissions and Resettlem ent Policy. 9 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. 107-296), most of the Attorney General’s immigration -related authority transferred to the Secretary of DHS as of March 1, 2003. 10 Section 244(b)(1) of INA (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 Congressional Research Service 2 Temporary Protected Status: Overview and Current Issues obtain TPS, eligible foreign nationals within the United States must pay specified fees13 and submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the deadline set forth in the Federal Register notice announcing the TPS designation. The application 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 the date established in the TPS designation).¹⁴14 The statute specifies grounds of inadmissibility that cannot be waived, including those relating to criminal convictions, drug offenses, terrorist activity, and the persecution of others.¹⁵

15 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.¹⁶16 They may be deemed ineligible for public assistance by a state and may travel abroad with the prior consent of the DHS Secretary.¹⁷17 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 he or she meets the requirements.¹⁸18 DHS has indicated that information it collects when an individual individual registers for TPS may be used to enforce immigration law or in any criminal proceeding.¹⁹19 In addition, withdrawal of an alien'’s TPS may subject the alien to exclusion or deportation proceedings.²⁰

20 designated on account of a natural disaster). 13 Fees for initial applicants include a $50 application fee (may not exceed $50 per 8 U.S.C. §1254a (c)(1)(B)), a $410 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 app lication and biometrics fees per 8 C.F.R. 103.7(c). Re-registration does not require the $50 application fee, but the other fees apply. 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 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. 16 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)) 17 INA §244(f) (8 U.S.C. §1254a(f)) 18 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 granted T PS. INA §244(f)(4). 19 8 C.F.R. §244.16. 20 8 C.F.R. §244.14. Congressional Research Service 3 link to page 7 Temporary Protected Status: Overview and Current Issues Deferred Enforced Departure Deferred Enforced Departure

In addition to TPS, there is another form of blanket relief from removal known as deferred enforced departure (DED),²¹21 formerly known as extended voluntary departure (EVD).²²22 DED is a 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 conduct foreign relations and has no statutory basis. DED was first used in 1990 and has been used a total of five times (see "“Historical Use of Blanket Relief”"). Liberia is the only country currently designated for DED, and that designation is scheduled to end on January 10, 2021.²³

23 DED and EVD have been used on country-specific bases to provide relief from removal at the President' President’s discretion, usuallyusual y in response to war, civil unrest, or natural disasters.²⁴24 When Presidents grant DED through an executive order or presidential memorandum, they generally general y provide eligibility guidelines, such as demonstration of continuous presence in the United States since a specific date. Unlike TPS, the Secretary of State does not need to be consulted when DED is granted. In contrast to recipients of TPS, individuals who benefit from DED are not required to register for the status with USCIS unless they are applying for work authorization.²⁵25 Instead, DED is triggered when a protected individual is 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 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 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, Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.²⁶

Rather than extending the initial 26 21 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 information, see CRS Report R45158, An Overview of Discretionary Reprieves from Rem oval: Deferred Action, DACA, TPS, and Others and CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation. 22 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, 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 For example, see Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s 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), “ Presidential Memorandum —Deferred Enforced Departure for Liberians,” Memorandum for the Secretary of Homeland Security, September 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, such as employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and 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/Customer%20Service%20Reference%20Guide/T empProtectedStatus.pdf. 26 For current and historical information on T PS designations by country and links to Federal Register announcements, see U.S. Department of Justice, Executive Office for Immigration Review, Tem porary Protected Status, Congressional Research Service 4 link to page 12 link to page 12 link to page 9 link to page 9 Temporary Protected Status: Overview and Current Issues 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 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 January 1994. From 1991 to 1996, DED was also granted to about 2,200 Persian Gulf evacuees who were airlifted to the United States after the 1990 invasion of Kuwait. In December 1997, President Clinton instructed the Attorney General to grant DED for one year to Haitian nationals in the United States, providing time for the Administration to work with Congress on long-term legislative legislative relief for Haitians.²⁷27 President George W. Bush directed that DED be provided to Liberian nationals whose TPS was expiring in September 2007; Liberian DED was extended several times by President Obama.²⁸28 President Trump has terminated DED for Liberians, with an effective date of January 10, 2021 (for more details, see "Liberia").²⁹

“Liberia”).29 Countries Designated for TPS and DED

Approximately 411,000 foreign nationals from the following 10 countries have TPS: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. In addition, certain Liberian nationals are covered by a designation of DED (see "Liberia" “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 challengingchal 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 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 deserved similar statutory treatment. 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 archived CRS Report RS21349, U.S. Im m igration Policy on Haitian Migrants. 28 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-country-liberia. 29 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/. Congressional Research Service 5 link to page 9 link to page 9 link to page 9 Temporary Protected Status: Overview and Current Issues 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 774 Syria Extension August 1, 2016 March 31, 2021 6,934 Yemen Extension January 4, 2017 September 3, 2021 1,646 Total 411,326 Source: CRS compilation of information from shows the number of individuals with TPS as of November 7, 2019.

Central America

The only time Congress has granted TPS was in 1990 (as part of the law establishing TPS) to eligible eligible Salvadoran nationals in the United States.³⁰30 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" conditions” caused by Hurricane Mitch.³¹31 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. Congressional Research Service 6 Temporary Protected Status: Overview and Current Issues George W. Bush Administration granted TPS to Salvadoran nationals following two earthquakes that rocked the country.³²

32 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 still stil unsafe for their nationals to return due to the disruption of living conditions from environmental disasters.

Beginning disasters. 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, 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 largely been completed."³³”33 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 status be extended for six months.³⁴34 On January 8, 2018, DHS announced its decision to terminate TPS for El Salvador—whose nationals account for about 60% of all al current TPS recipients—after an 18-month transition period. El Salvador'’s TPS designation was scheduled to end on September 9, 2019,³⁵35 but the termination remains on hold as the result of a court order.³⁶has not yet taken effect due to a legal chal enge.36 DHS announced DHS announced in October 2019—as part of agreements with El Salvador related to information sharing and security—that it would extend the validity of work permits through January 4, 2021, for Salvadorans with TPS. The 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 home country."³⁷”37 These actions do not equate to a TPS extension, as defined in statute.³⁸38 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 allowal ow for an orderly transition.³⁹39 This termination is also on hold due to a legal chal enge.40 on hold as the result of a court order.⁴⁰

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 providing LPR status—for Central Americans and Salvadorans in particular. Supporters have argued that ongoing violence and political unrest have left these countries 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 T emporary Protected Status for El Salvador,” press release, January 8, 2018, https://www.dhs.gov/news/2018/01/08/secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected. 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 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 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on T emporary Protected Status for Honduras,” press release, May 4, 2018, https://www.dhs.gov/news/2018/05/04/secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected. 40 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 . Congressional Research Service 7 Temporary Protected Status: Overview and Current Issues unrest 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.⁴¹41 Opponents have argued that ending the TPS designations for these countries is consistent with its original intent—to provide temporary safe haven.

Haiti

Haiti The devastation caused by the January 12, 2010, earthquake in Haiti prompted callscal s for the Obama Administration to grant TPS to Haitian nationals in the United States.⁴²42 The scale of the 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 months to Haitian nationals who were in the United States as of January 12, 2010.⁴³43 At the time, 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 returning to Haiti is part of this Administration'’s continuing efforts to support Haiti'’s recovery."⁴⁴ ”44 On July 13, 2010, DHS announced a six-month extension of the TPS registration period for Haitian Haitian nationals, citing difficulties nationals were experiencing in obtaining documents to establish identity and nationality, and in gathering funds required to apply for TPS.⁴⁵

45 DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS, through January 22, 2013.⁴⁶46 At the same time, DHS issued a redesignation, enabling eligible Haitian 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 allowedal owed to enter the United States immediately after the earthquake on temporary visas or humanitarian parole,⁴⁷47 but were not covered by the initial TPS designation.⁴⁸48 Subsequently, then-Secretary Jeh Johnson extended Haiti' Haiti’s designation several more times, through July 22, 2017.⁴⁹

A May 2, 2017, letter from members of the Congressional Black Caucus to DHS Secretary John Kelly49 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 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 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, U.S. Im m igration Policy on Haitian Migrants. 43 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for T emporary Protected Status,” 75 Federal Register 3476-3479, January 21, 2010. 44 U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15, 2010. 45 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,” 75 Federal Register 39957, July 13, 2010. 46 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of T emporary Protected Status for Haitian Beneficiaries,” press release, May 17, 2011. 47 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)). 48 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Re -designation of Haiti for T emporary Protected Status,” 76 Federal Register 29000-29004, May 19, 2011. 49 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Haiti for T emporary Protected Status,” 80 Federal Register 51582-51588, August 25, 2015. Congressional Research Service 8 Temporary Protected Status: Overview and Current Issues 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 killedkil ed over 300,000 people, an ongoing cholera epidemic, and additional damages from Hurricane Matthew in 2016.⁵⁰50 On May 24, 2017, Secretary KellyKel y extended Haiti'’s TPS designation for six months (the minimum allowedal 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 51 An October 4, 2017, letter from the Haitian ambassador to then-Acting DHS Secretary Elaine Duke requested that Haiti'’s designation be extended for an additional 18 months.⁵²52 On November 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, 2019.⁵³ As of the date of this report, the termination is on hold as the result of a court order.⁵⁴

Liberia

,53 but the termination has not yet taken effect due to a legal chal enge.54 Liberia Liberians in the United 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 2000.⁵⁵55 In 1999, 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 President George W. Bush to September 29, 2002. On October 1, 2002, Liberia was designated again for TPS due to ongoing armed conflict.⁵⁶56 In 2006, the George W. Bush Administration 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 DED for those Liberians until March 31, 2010, and several times thereafter.⁵⁷

57 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.⁵⁸ 58 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 Department of Homeland Security, October 4, 2017. 53 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-duke-announcement -temporary-protected-status-haiti. 54 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 . 55 See archived CRS Report RL32243, Liberia: Transition to Peace. 56 U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the T emporary Protected Status Program,” 67 Federal Register 61664-61667, October 1, 2002. 57 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 Deferred Enforced Departure,” 75 Federal Register 15715, March 30, 2010; T he White House (President Obama), Presidential Mem orandum —Deferred Enforced Departure for Liberians, Memorandum for the Secretary of Homeland Security, September 28, 2016, https://www.whitehouse.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians. 58 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Liberia for T emporary Protected Status,” 79 Federal Register 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 Guinea, Liberia and Sierra Leone for T emporary Protected Status,” 80 Federal Register, Number 122, 36551-36552, Congressional Research Service 9 Temporary Protected Status: Overview and Current Issues 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"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”59 Similar termination notices were issued for Sierra Leone and Guinea.

For a specially 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, 2018.⁶⁰60 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.⁶¹61 A lawsuit challengingchal enging the termination was filed in federal court on March 8, 2019.⁶²62 Three days before the effective 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, 2020.⁶³63 On March 30, 2020, President Trump again delayed the effective date of the termination (this time to January 10, 2021) in order to provide continuous employment authorization to Liberians eligible to adjust their status under the recently enacted Liberian Refugee Immigration Fairness (see next paragraph). Approximately 589 Liberians have approved employment authorization documents (EADs) under this DED directive.⁶⁴64 This number does not reflect all al Liberians who might be covered under this DED announcement—only those who applied for and received an EAD.⁶⁵

The 116^th65 The 116th Congress incorporated the Liberian Refugee Immigration Fairness into the FY2020 National Defense Authorization Act; it allowsal 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 signed it into law on December 20, 2019 (P.L. 116-92, Section 7611).

Nepal

Nepal Nepal was devastated by a massive earthquake on April 25, 2015, killingkil ing over 8,000 people. The 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,” March 27, 2018, 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). 63 T he White House (President T rump), “Presidential Memorandum on Extension of Deferred Enforced Departure for Liberians,” March 28, 2019, https://www.whitehouse.gov/presidential-actions/memorandum-extension-deferred-enforced-departure-liberians/. 64 Numbers provided to CRS by USCIS and represent individuals with a valid EAD as of February 4, 2020. 65 Individuals who benefit from DED are not required to register for the status with USCIS unless they are applying for 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. Congressional Research Service 10 Temporary Protected Status: Overview and Current Issues s housing and infrastructure in many areas. Over half a million mil ion homes were reportedly destroyed.⁶⁶66 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.⁶⁷67 TPS for Nepal was extended for 18 months in October 2016.⁶⁸68 On April 26, 2018, then-Secretary Kirstjen Nielsen 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 Nepal could adequately handle the return of its nationals.⁶⁹69 A 12-month delay of the termination date to allowal ow for an orderly transition was also announced; the TPS designation for Nepal was thus set to terminate on June 24, 2019.⁷⁰ As of the date of this report, the termination is on hold as the result of a court order.⁷¹

Somalia

70 The termination has not yet taken effect due to a legal chal enge.71 Somalia 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 exerting territorial control, securing its borders, or providing security and services to its people.⁷² Somalia 72 Somalia was first designated for TPS in 1991 based on "“extraordinary and temporary conditions…that prevent aliens who are nationals of Somalia from returning to Somalia in safety."⁷³”73 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 January 2020, DHS extended Somalia'’s designation for another 18 months through September 17, 2021.⁷⁴

74 Sudan and South Sudan

Decades of civil war preceded South Sudan'’s secession from the Republic of Sudan in 2011.⁷⁵ 75 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 November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 14 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 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation of Nepal for T emporary Protected Status,” 81 Federal Register 74470-74475, October 26, 2016. 69 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-announcement -temporary-protected-status-nepal. 70 Ibid. 71 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. 72 See CRS In Focus IF10155, Somalia. 73 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for T emporary Protected Status,” 56 Federal Register 46804-46805, September 16, 1991. 74U.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-somalia. 75 See CRS In Focus IF10182, Sudan. Congressional Research Service 11 Temporary Protected Status: Overview and Current Issues On July 9, 2011, South Sudan became a new nation.76On 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, 2011.⁷⁷77 TPS has been extended or redesignated sixseven times since then due to 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 abuses, and a humanitarian disaster on a devastating scale across the country."⁷⁸”78 The latest extension was for 18 months and expires on November 2, 2020.⁷⁹

May 2, 2022.79 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 Sudan'Sudan’s TPS designation would expire on November 2, 2018.⁸⁰ As of the date of this report, the termination is on hold as the result of a court order.⁸¹

Syria

80 The termination has not yet taken effect due to a legal chal enge.81 Syria The political uprising of 2011 in Syria grew into an intensely violent civil war that has led to 5.6 million mil ion Syrians fleeing the country and 6.2 million more internallymil ion more internal y displaced as of early 2020.⁸² 82 On March 29, 2012, Secretary of Homeland Security Janet Napolitano designated Syria for TPS through September 30, 2013, citing temporary extraordinary conditions that would make it unsafe for Syrian nationals already in the United States to return to the country.⁸³83 In that initial granting of TPS, Secretary Napolitano made clear that DHS would conduct full background checks on Syrians registering for TPS.⁸⁴84 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 arrival date into the United States for Syrians from January 5, 2015, to August 1, 2016.⁸⁵85 On January 31, 2018, Secretary Nielsen announced her decision to extend the TPS designation for Syria for another 18 months, citing the ongoing armed conflict and 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 T emporary Protected Status,” 82 Federal Register 44205-44211, September 21, 2017. 79 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Alert” https://www.uscis.gov/humanitarian/temporary-protected-status. (As of the date of this report, the Federal Register notice extending the designation had not been published.) 80 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of th e Designation of Sudan for T emporary Protected Status,” 82 Federal Register 47228-47234, October 11, 2017. 81 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 . 82 See CRS Report R43119, Syria: Overview of the Humanitarian Response; and CRS Report RL33487, Armed Conflict in Syria: Overview and U.S. Response. 83 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab Republic for T emporary Protected Status,” 61 Federal Register 19026-19030, March 29, 2012. 84 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. 85 Previously, Syrians who had arrived in the United States after January 5, 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. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria for T emporary Protected Status,” 81 Federal Register 50533-50541, August 1, 2016. Congressional Research Service 12 Temporary Protected Status: Overview and Current Issues Syria for another 18 months, citing the ongoing armed conflict and extraordinary conditions that prompted the original designation.⁸⁶86 This announcement did not include a redesignation; thus, Syrians who entered the United States after August 1, 2016, are not eligible.⁸⁷87 The Trump Administration has since issued another 18-month extension (without redesignation) for Syria through March 31, 2021.⁸⁸

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.⁸⁹89 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."⁹⁰”90 Since 2015, the war in Yemen has killed kil ed over 100,000 people, including civilians as well 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 have been complicated by ongoing violence and considerable damage to the country's ’s infrastructure.⁹¹91 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 the United States for individuals from Yemen from September 3, 2015, to January 4, 2017.⁹²92 The Federal Register 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 States after the eligibility cutoff dates"” warranted the redesignation of TPS.⁹³93 The Trump Administration has twice extended Yemen'’s TPS designation for durations of 18 months, but the arrival cutoff date remains the same.⁹⁴94 Its current designation lasts through September 3, 2021.⁹⁵

95 State of Residence of TPS Recipients

Individuals with TPS reside in all 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: Virginia, Maryland, New Jersey, Massachusetts, North Carolina, and Georgia. Hawaii, Wyoming, Vermont, and Montana had fewer than 100 individuals with TPS. See Figure 1 and Table A-1.

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 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-announces-temporary-protected-status-designation-yemen. 91 See CRS Report R43960, Yemen: Civil War and Regional Intervention. 92 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 Federal Register 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. Congressional Research Service 13 link to page 17 link to page 20 Temporary Protected Status: Overview and Current Issues Virginia, Maryland, New Jersey, Massachusetts, North Carolina, and Georgia. Hawai , Wyoming, Vermont, and Montana had fewer than 100 individuals with TPS. See Figure 1 and Table A-1. Figure 1. Individuals with Temporary Protected Status by State of Residence Figure 1. Individuals with Temporary Protected Status by State of Residence

Source: CRS presentation of data provided by USCIS 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 have moved to another state, left the country, or died; data do not necessarily include all al nationals of the specified countries who are in the United States and are eligible for the status.

Adjustment of Status

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 the requirements. There are statutory limitations on Congress providing adjustment of status to TPS recipients. Section 244(h) of the INA (8 U.S.C. 1254a(h)) states that the consideration of any billbil , 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- fifths of all al Senators) voting affirmatively.

Over the years, Congress has provided for the adjustment to LPR status to groups of nationals who had been given temporary relief from removal. In 1992, Congress enacted legislation allowingal 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 (NACARA) (Title II of P.L. 105-100), which became law in 1997, provided eligibility for LPR status to certain Nicaraguans, Cubans, Guatemalans, Salvadorans, and nationals of the former Congressional Research Service 14 Temporary Protected Status: Overview and Current Issues 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 116^th 116th Congress incorporated the Liberian Refugee Immigration Fairness Act into the FY2020 National Defense Authorization Act; it allowsal 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 signed it into law on December 20, 2019 (P.L. 116-92, Section 7611).

Other legislation to allowal ow nationals from various countries with TPS to adjust to LPR status received action in past Congresses, but was not enacted. For instance, the Senate-passed comprehensive immigration reform bill bil in the 113^th113th Congress (S. 744) did not include specific provisions for foreign nationals with TPS to adjust status, but many would have qualified for the registered provisional immigrant status that S. 744 would have established.⁹⁶

96 Selected Legislative Activity in the 116^th116th Congress

Various proposals related to TPS have been introduced and considered in the 116^th116th Congress. These include billsbil s that would extend current TPS designations or add new countries to those designated for TPS (e.g., Venezuela),⁹⁷ or Hong Kong),97 prohibit federal funds from being used to remove TPS recipients,⁹⁸98 make TPS or DED recipients eligible for federal financial aid for higher education,⁹⁹99 or provide adjustment to LPR status for TPS or DED recipients who have been living in the United States for several years.¹⁰⁰ Other bills100 Other bil s introduced in the 116^th116th Congress variously seek to limit TPS by transferring authority from DHS to Congress to designate foreign states¹⁰¹ 101 or making ineligible for TPS aliens who lack a lawful immigration status or who are members of criminal gangs.¹⁰²

Two bills102 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 allowal ow TPS-qualified aliens to adjust to LPR status. It 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 allowal 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 allowsal 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. Congressional Research Service 15 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. Congressional Research Service 16 Temporary Protected Status: Overview and Current Issues Appendix. Table A-1. Individuals with Temporary Protected Status by State of Residence Individuals Individuals State with TPS State with TPS Alabama 890 Nevada 4,129 Alaska 101 New Hampshire 366 Arizona 1,653 New Jersey 18,397 Arkansas 3,525 New Mexico 382 California 74,099 New York 50,537 Colorado 2,964 North Carolina 14,865 Connecticut 2,750 North Dakota 105 Delaware 767 Ohio 2,163 District of Columbia 3,226 Oklahoma 971 Florida 56,513 Oregon 914 Georgia 11,629 Pennsylvania 3,103 Hawai 96 Rhode Island 861 Idaho 212 South Carolina 1,623 Il inois 3,904 South Dakota 253 Indiana 2,606 Tennessee 3,079 Iowa 1,483 Texas 53,069 Kansas 1,298 Utah 1,269 Kentucky 927 Vermont 48 Louisiana 2,156 Virginia 27,705 Maine 191 Washington 2,304 Maryland 27,178 West Virginia 242 Massachusetts 17,069 Wisconsin 647 Michigan 1,770 Wyoming 54 Minnesota 2,718 U.S. Virgin Islands 639 Mississippi 458 Puerto Rico 79 Missouri 1,427 Northern Mariana Islands 29 Montana 29 Other/Unknown 109 Nebraska 1,745 Total 411,326 Source: Data provided to CRS by USCIS. Notes: 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 include individuals who have left the country or died, and do not necessarily include al nationals from the specified countries who are in the United States and are eligible for the status. “Other” includes Guam. Congressional Research Service 17 Temporary Protected Status: Overview and Current Issues Author Information Jill H. Wilson Analyst in Immigration Policy Disclaimer This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material. Congressional Research Service RS20844 · VERSION 54 · UPDATED 18 have been continuously present in the United States since November 20, 2014, and their family 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.

Appendix.