Temporary Protected Status and Deferred Enforced Departure

Changes from May 28, 2021 to August 9, 2021

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Temporary Protected Status and Deferred
~~May 28~~August 9, 2021 , 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 present in the United States who are from those arise over the ability of foreign nationals present in the United States who are from those
Policy Policy
countries to safely return. Provisions in the Immigration and Nationality Act (INA) provide for countries to safely return. Provisions in the Immigration and Nationality Act (INA) provide for

temporary protected status (TPS) and other forms of relief from removal under specified 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 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 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 from a designated country the conditions for designation. Congress has also provided TPS legislatively. A foreign national from a designated country
who is granted TPS receives a registration document and employment authorization for the duration of the TPS designation. who is granted TPS receives a registration document and employment authorization for the duration of the TPS designation.
In addition to TPS, there is another form of blanket relief from removal known as deferred enforced departure (DED). 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. As of March 11, 2021, approximately 320,000 foreign nationals As of March 11, 2021, approximately 320,000 foreign nationals from 10 countries who are living in the United States were protected by TPSliving in the United States were protected by TPS ~~from 10~~
~~countries~~: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. The Trump : El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. The Trump
Administration terminated TPS designations for six countries—El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan—Administration terminated TPS designations for six countries—El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan—
but these terminations have not taken effect due to litigation. In March 2021, the Biden Administration designated two more but these terminations have not taken effect due to litigation. In March 2021, the Biden Administration designated two more
countries for TPS: Venezuela and Burma; and in May 2021 the Administration announced a new TPS designation for Haiti. countries for TPS: Venezuela and Burma; and in May 2021 the Administration announced a new TPS designation for Haiti.
~~Certain Liberians and Venezuelans currently maintain relief under a similar administrative mechanism known as Deferred~~
~~Enforced Departure (DED)~~Certain Liberians, Venezuelans, and residents of Hong Kong present in the United States currently maintain relief under DED. .
Multiple measures related to TPS were introduced in the 116th Congress. They included provisions to add new TPS 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. 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. Legislation to provide such a pathway with TPS or DED should have a pathway to lawful permanent resident (LPR) status. Legislation to provide such a pathway
passed the House in the 116th Congress. A provision to allow Liberians who had been continuously present in the United passed the House in the 116th Congress. A provision to allow Liberians who had been continuously present in the United
States since 2014 to apply for LPR status was enacted in December 2019 as part of the FY2020 National Defense States since 2014 to apply for LPR status was enacted in December 2019 as part of the FY2020 National Defense
Authorization Act (P.L. 116-92). In the 117th Congress, legislation (H.R. 6 and H.R. 1603) that would provide a pathway to Authorization Act (P.L. 116-92). 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. LPR status for TPS and DED recipients has passed the House.
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Temporary Protected Status and Deferred Enforced Departure

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 each of the countries currently designated for TPS, including the conditions that have data on each of the countries currently designated for TPS, including the conditions that have
contributed to their designation. Past legislation to provide lawful permanent resident (LPR) 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 status to certain TPS-designated foreign nationals is also described. The report concludes with a
discussion of legislative activity in the 116th and 117th Congresses related to TPS. discussion of legislative activity in the 116th and 117th Congresses 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 nationals are 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 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 Protocol, Geneva, Switzerland, , Geneva, Switzerland,
~~http~~https://www.unhcr.org/en-us/about://www.unhcr.org/en-us/about -us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967--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 definition of a refugee in the INA, which is consistent with the U.N. Protocol, specifies that a The 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 country of nationality or refugee is a person who is unwil ing or unable to return to his/her country 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 might elicit a humanitarian response may not Other foreign nationals in the United States who might elicit a humanitarian response may not
qualify for asylum because they do not meet the legal definition of a refugee; under certain qualify for asylum because they do not meet the legal definition of a refugee; under certain
circumstances these persons may be eligible for relief from removal through TPS or DED. 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.9 It is the statutory embodiment of safe haven for TPS is a blanket form of humanitarian relief.9 It is the statutory embodiment of safe haven for
foreign nationals within the United States10 who may not qualify for asylum but are nonetheless foreign nationals within the United States10 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),11 in consultation with other government of the Department of Homeland Security (DHS),11 in consultation with other government
agencies (most notably the Department of State), the authority to designate a country for TPS agencies (most notably the Department of State), the authority to designate a country for TPS
under one or more of the following conditions: under one or more of the following conditions:
(1) ongoing armed conflict in a foreign state that poses a serious threat to personal safety; (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 (2) a foreign state request for TPS because it temporarily cannot handle the return of its
nationals due to an environmental disaster; or nationals due to an environmental disaster; or
(3) extraordinary and temporary conditions in a foreign state that prevent its nationals from (3) extraordinary and temporary conditions in a foreign state that prevent its nationals from
safely returning. safely returning.
A foreign state may not be designated for TPS if the Secretary of DHS finds that al owing its A foreign state may not be designated for TPS if the Secretary of DHS finds that al owing its
nationals to temporarily stay in the United States is against the U.S. national interest.12 nationals to temporarily stay in the United States is against the U.S. national interest.12

6 INA §208 (8 U.S.C. §1158); INA §241(b)(3) (8 U.S.C. §1231(b)(3)); and INA § 101(a)(42) (8 U.S.C. §1101(a)(42)). 6 INA §208 (8 U.S.C. §1158); INA §241(b)(3) (8 U.S.C. §1231(b)(3)); and INA § 101(a)(42) (8 U.S.C. §1101(a)(42)).
7 INA §101(a)(42) (8 U.S.C. §1101(a)(42)). In certain circumstances specified in INA §101(a)(42)(B), a refugee may 7 INA §101(a)(42) (8 U.S.C. §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. 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 T he term 9 T he term blanket relief refers to relief from removal that is administered to a group of individuals based on their ties 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 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. individuals based on their personal circumstances.
10 Foreign nationals outside the United States are not eligible to apply for T PS. 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 11 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 107-296), most of the Attorney General’s immigration -related authority transferred to the Secretary ~~o f~~of DHS as of DHS as of
March 1, 2003. March 1, 2003.
12 INA §244(b)(1) (8 U.S.C. §1254a(b)(1)). 12 INA §244(b)(1) (8 U.S.C. §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 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 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 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 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 order to al ow those who arrived later to qualify, an action referred to as redesignation.15 .15
To obtain TPS, nationals16 of foreign countries designated for TPS must pay specified fees17 and To obtain TPS, nationals16 of foreign countries designated for TPS must pay specified fees17 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).18 The statute specifies the date established in the TPS designation).18 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.19 Foreign nationals outside the United States are not activity, and the persecution of others.19 Foreign nationals outside the United States are not
eligible to apply for TPS. 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.20 They basis of their immigration status, and are not subject to removal while they retain TPS.20 They
may be deemed ineligible for public assistance by a state; they may travel abroad with the prior may be deemed ineligible for public assistance by a state; they may travel abroad with the prior
consent of the DHS Secretary.21 TPS does not provide a path to lawful permanent residence or consent of the DHS Secretary.21 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.22 DHS has indicated that information it collects when an he or she meets the requirements.22 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.23 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or proceeding.23 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or
deportation proceedings.24 deportation proceedings.24

13 T here is no limit on the number of extensions a country can receive. 13 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. 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 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 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). 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 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)). 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(c)(1)(B)), a $410 17 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 filing fee for employment authorization (if applying for ~~employment~~emp loyment authorization and between the ages of 14 and 65), 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 application and and an $85 biometrics services fee for those age 14 and over. Applicants may request a waiver of the application and
biometrics fees per 8 C.F.R. §103.7(c). Re-registration does not require the $50 application fee, but the other fees biometrics fees per 8 C.F.R. §103.7(c). Re-registration does not require the $50 application fee, but the other fees
apply. apply.
18 See 8 C.F.R. §244.9 for details on evidence that must be submitted. 18 See 8 C.F.R. §244.9 for details on evidence that must be submitted.
19 Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas 19 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 and ineligible to be admitted to the United States. Section 244(c)(2) in the T PS statute lists ~~wh ich~~which of these of these grounds of
inadm issibility may be waived and which may not be waived. may be waived and which may not be waived.
20 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)). 20 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)).
21 INA §244(f) (8 U.S.C. §1254a(f)). 21 INA §244(f) (8 U.S.C. §1254a(f)).
22 For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted 22 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) (8 U.S.C. §1254a(f)(4)). granted T PS. INA §244(f)(4) (8 U.S.C. §1254a(f)(4)).
23 8 C.F.R. §244.16. 23 8 C.F.R. §244.16.
24 8 C.F.R. §244.14. 24 8 C.F.R. §244.14.
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link to page 7 link to page 7 Temporary Protected Status and Deferred Enforced Departure

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),25 formerly known as extended voluntary departure (EVD).26 DED is a enforced departure (DED),25 formerly known as extended voluntary departure (EVD).26 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
applied to applied to ~~six~~seven countries (see countries (see “Historical Use of Blanket Relief”). Liberia). Liberia ~~and Venezuela are~~
~~currently granted DED.~~
, Venezuela, and Hong Kong are currently covered by 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.27 When President’s discretion, usual y in response to war, civil unrest, or natural disasters.27 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 guidelines and direct the Secretary of Homeland Security to al ow DED-provide eligibility guidelines and direct the Secretary of Homeland Security to al ow DED-
eligible individuals to apply for employment authorization. Unlike TPS, the Secretary of State eligible individuals to apply for employment authorization. Unlike TPS, the Secretary of State
does not need to be consulted when DED is granted. In contrast to recipients of TPS, individuals 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 who benefit from DED are not required to register for the status with USCIS unless they are
applying for work authorization.28 Instead, DED is triggered when a protected individual is applying for work authorization.28 Instead, DED is triggered when a protected individual 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.29 Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.29

25 DED is not to be confused with deferred action, which the Department of Homeland Security defines as “a 25 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 . .
26 EVD status, which was used from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and 26 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 Uganda. Other countries whose nationals have benefitted in the past ~~fro m~~from a status similar to EVD include Cambodia, 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.
27 See, for example, Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s 27 See, for example, 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), Office of the Press Secretary, (Washington: GPO, 1990); T he White House (President Obama), Office of the Press Secretary,
“Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of Homeland Security, “Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of Homeland Security,
September 28, 2016; T he White House (President T rump), Office of the September 28, 2016; T he White House (President T rump), Office of the ~~Press~~P ress Secretary, “ Secretary, “ Deferred Enforced Departure Deferred Enforced Departure
for Certain Venezuelans,” presidential memorandum for the Secretary of State and for Certain Venezuelans,” presidential memorandum for the Secretary of State and ~~t he~~the Secretary of Homeland Security, Secretary of Homeland Security,
January 19, 2021. January 19, 2021.
28 In general, the President directs executive agencies to implement procedures to provide DED and related benefits, 28 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.
29 For a current and historical list of T PS designations by country and links to 29 For a current and historical list of T PS designations by country and links to Federal Register announcements, see announcements, see
U.S. Department of Justice, Executive Office for Immigration Review, U.S. Department of Justice, Executive Office for Immigration Review, Tem porary Protected Status, ,
https://www.justice.gov/eoir/temporary-protected-status. For a graph showing effective dates, bases for designation, https://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 1994.30 From 1991 to 1996, DED was also granted to about 2,200 Kuwaiti Persian Gulf January 1994.30 From 1991 to 1996, DED was also granted to about 2,200 Kuwaiti Persian Gulf
evacuees who were airlifted to the United States after the 1990 invasion of Kuwait. In December 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 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 nationals in the United States, providing time for the Administration to work with Congress on
long-term legislative relief for Haitians.31 President George W. Bush directed that DED be long-term legislative relief for Haitians.31 President George W. Bush directed that DED be
provided to Liberian nationals whose TPS was expiring in September 2007; Liberian DED was provided to Liberian nationals whose TPS was expiring in September 2007; Liberian DED was
extended several times by President Obama.32 President Trump terminated DED for Liberians, extended several times by President Obama.32 President Trump terminated DED for Liberians,
but provided for extended wind-down periods that lasted until January 10, 2021 (for more details, but provided for extended wind-down periods that lasted until January 10, 2021 (for more details,
see the see the “Liberia” section).33 section).33
Current TPS and DED Designations
As of March 11, 2021, approximately 320,000 foreign nationals from the following 10 countries As of March 11, 2021, approximately 320,000 foreign nationals from the following 10 countries
were protected by TPS: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, were protected by TPS: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan,
Sudan, Syria, and Yemen.34 Three countries have been newly designated for TPS since President Sudan, Syria, and Yemen.34 Three countries have been newly designated for TPS since President
Biden took office: Venezuela on March 8, 2021; Burma on March 12, 2021; and Haiti on May 22, Biden took office: Venezuela on March 8, 2021; Burma on March 12, 2021; and Haiti on May 22,
2021;35 each for 18 months. An estimated 323,000 Venezuelans, 1,600 Burmese, and 2021;35 each for 18 months. An estimated 323,000 Venezuelans, 1,600 Burmese, and ~~100~~155,000,000–
~~150,000 Haitian~~ Haitian nationals could be eligible to apply for TPS under these designations.36 nationals could be eligible to apply for TPS under these designations.36

and types of T PS decisions for FY1990–FY2019, see U.S. Government Accountability Office, and types of T PS decisions for FY1990–FY2019, see U.S. Government Accountability Office, Tem porary Protected
Status: Steps Taken to Inform ~~and Com m unicate~~ and Communicate Secretary of ~~Hom eland~~ Homeland Security’s Decisions, GAO-20-134, April , GAO-20-134, April
2020, p. 11, https://www.gao.gov/assets/gao-20-134.pdf. 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 Chinese30 Many of the beneficiaries of this DED grant were able to adjust to LPR status through the Chinese Student Protection Student Protection
Act of 1992 (P.L. 102-404). Act of 1992 (P.L. 102-404).
31 T he Nicaraguan Adjustment and Central American Relief Act (NACARA) (T itle II of P.L. 105-100) was enacted in 31 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 1997 and provided eligibility for LPR ~~status~~st atus to certain Nicaraguans, Cubans, Guatemalans, Salvadorans, and nationals to certain Nicaraguans, Cubans, Guatemalans, Salvadorans, and nationals
of the former Soviet bloc. President Clinton, among others, argued that Haitians deserved similarof the former Soviet bloc. President Clinton, among others, argued that Haitians deserved similar statutory treatment. 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.
32 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country - 32 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.
33 T he White House (President T rump), Office of the Press Secretary, “Extending the Wind-Down Period for Deferred 33 T he White House (President T rump), Office of the Press Secretary, “Extending the Wind-Down Period for Deferred
Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Enforced Departure for Liberians,” presidential 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 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 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 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 Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland
Security, March 27, 2018. 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 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 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). permanent status (i.e., LPR status or citizenship).
35 T he May 2021 designation of Haiti is distinct from the designation that began in 2010. Haitian nationals who have 35 T he May 2021 designation of Haiti is distinct from the designation that began in 2010. Haitian nationals who have
been covered by the 2010 designation and wish to be covered by the new designation must submit a new application to been covered by the 2010 designation and wish to be covered by the new designation must submit a new application to
DHS. See the DHS. See the “ Haiti” section below for more details. section below for more details.
36 U.S. Citizenship and Immigration Services, “Designation of Venezuela for T emporary Protected Status and 36 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 Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal
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The Trump Administration terminated TPS for six countries (El Salvador, Haiti, Honduras, Nepal, 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 Nicaragua, and Sudan). Several lawsuits were filed chal enging the terminations; as a result, the
terminations have not yet taken effect.37 terminations have not yet taken effect.37
Table 1 lists the TPS-designated countries as of the date of this report, the most recent decision—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 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 have continuously resided in the United States, and the designation’s current expiration date. In
addition, addition, Table 1 shows the number of individuals protected by TPS as of March 11, 2021.38 shows the number of individuals protected by TPS as of March 11, 2021.38
Table 1. Countries Currently Designated for TPS

Most Recent
Required Arrival
Individuals
Country
Decision
Datea
Expiration Dateb
with TPSc
Burma Burma
New designation New designation
March 11, 2021 March 11, 2021
November 25, 2022 November 25, 2022
N/ N/Ad
El Salvador El Salvador
Termination* Termination*
February 13, 2001 February 13, 2001
September 9, 2019 September 9, 2019
198,420 198,420
Haiti (2010) Haiti (2010)
Termination* Termination*
January 12, 2011 January 12, 2011
July 22, 2019 July 22, 2019
40,865 40,865
Haiti (2021) Haiti (2021)
New designation New designation
May 21, 2021 May 21, 2021
November, November, 2022e
N/ N/Ad
Honduras Honduras
Termination* Termination*
December 30, 1998 December 30, 1998
January 5, 2020 January 5, 2020
60,350 60,350
Nepal Nepal
Termination* Termination*
June 24, 2015 June 24, 2015
June 24, 2019 June 24, 2019
10,160 10,160
Nicaragua Nicaragua
Termination* Termination*
December 30, 1998 December 30, 1998
January 5, 2019 January 5, 2019
3,200 3,200
Somalia Somalia
Extension Extension
~~May 1, 2012~~
~~September 17, 2021~~
~~385~~
and July 19, 2021 March 17, 2023 385 redesignation South Sudan South Sudan
Extension Extension
January 25, 2016 January 25, 2016
May 2, 2022 May 2, 2022
80 80
Sudan Sudan
Termination* Termination*
January 9, 2013 January 9, 2013
November 2, 2018 November 2, 2018
550 550
Syria Syria
Extension and Extension and
March 19, 2021 March 19, 2021
September 30, 2022 September 30, 2022
3,945 3,945
redesignation redesignation
Venezuela Venezuela
New designation New designation
March 8, 2021 March 8, 2021
September 9, 2022 September 9, 2022
N/ N/Ad
Yemen Yemen
Extension Extension
~~January 4, 2017~~
~~September 3, 2021~~
~~1,385~~
and July 5, 2021 March 3, 2023 1,385 redesignation Total

319,465
Sources: CRS compilation of information from CRS compilation of information from Federal Register announcements or press releases; numbers announcements or press releases; numbers
provided to CRS by USCIS. provided to CRS by USCIS.
Note: *Due to legal chal enges, the termination has not yet taken effect. Numbers may not sum to total due to : *Due to legal chal enges, the termination has not yet taken effect. Numbers may not sum to total due to
rounding. 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. Unless a country is re-designated for TPS, the required arrival date does not change. A foreign
Register 13574-13581, March 9, 2021; U.S. Citizenship and Immigration Services, “ Designation of Burma (Myanmar) 13574-13581, March 9, 2021; U.S. Citizenship and Immigration Services, “ Designation of Burma (Myanmar)
for T emporary Protected Status,” 86for T emporary Protected Status,” 86 Federal Register 28132-28137, May 25, 2021; 28132-28137, May 25, 2021; ~~“US again extending temporary~~
~~protected status for Haitians,” Associated Press, May 22, 2021; and Jaclyn Diaz, “More T han 100,000 Haitian~~
~~Immigrants Can Apply For An Extension T o Stay In T he U.S.,” National Public Radio, May 24, 2021.~~ United States Citizenship and Immigration Services, “Designation of Haiti for T emporary Protected Status,” 86 Federal Register 41863-41871, August 3, 2021. Estimates of Estimates of
potential potential ~~T PS~~TPS beneficiaries are typically based beneficiaries are typically based on a variety of sources,on a variety of sources, including Censusincluding Census data on the foreign-born data on the foreign-born
population, DHS encounters and admissionspopulation, DHS encounters and admissions data, and asylum application data. data, and asylum application data.
37 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, 37 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 . .
38 Prior USCIS data on T PS recipients included some individuals who also had LPR status and some who had become 38 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 donaturalized U.S. citizens. USCIS recently published data on T PS recipients who do not have LPR status or U.S. 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 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. accurately reflect those who rely on T PS to remain in the United States.
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~~country. Unless a country is re-designated for TPS, the required arrival date does not change. A foreign~~
national is not considered to have failed this requirement for a “brief, casual, and innocent” absence. 8 national is not considered to have failed this requirement for a “brief, casual, and innocent” absence. 8
U.S.C. §1254a(c) and 8 C.F.R. §244.1. 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. These data reflect the number of individuals (rounded to the nearest five by USCIS) with an approved TPS 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 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 since their last TPS approval, and do not necessarily include al individuals who have left the country or died since their last TPS approval, and do not necessarily include al
nationals from the specified countries who are in the United States and are eligible for the status. nationals from the specified countries who are in the United States and are eligible for the status.
d. Because the application period just began, data are not yet available. d. Because the application period just began, data are not yet available.
e. Haiti’s most recent designation is for 18 months; the precise expiration date wil be printed in a forthcoming e. Haiti’s most recent designation is for 18 months; the precise expiration date wil be printed in a forthcoming
Federal Register notice. notice.
In addition to the countries designated for TPS, certain nationals from Liberia and Venezuela are In addition to the countries designated for TPS, certain nationals from Liberia and Venezuela are
covered covered ~~under a grant of DED (see the “Liberia” and “Venezuela”~~ by DED, as are certain Hong Kong residents currently present in the United States (see the “Hong Kong,” “Liberia,” and “Venezuela” sections)sections). Table 2 shows the shows the
dates associated with these grants. Individuals covered by DED are not required to register for 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 status with USCIS unless they are applying for work authorization. As a result, USCIS does not
maintain data on the maintain data on the total population covered by DED.total population covered by DED.
Table 2. Countries/Regions Currently Under a DED Grant
Country/Region
Required Arrival Datea
Expiration Dateb
Hong Kong August 5, 2021 February 5, 2023 Liberia Liberia
October 1, 2002 October 1, 2002
June 30, 2022 June 30, 2022
Venezuela Venezuela
January 20, 2021 January 20, 2021
July 20, 2022 July 20, 2022
Source: CRS compilation of information from CRS compilation of information from Federal Register announcements and White House press releases. announcements and White House press releases.
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 DED. United States in order to qualify for DED.
b. The expiration date represents the end of the most recent b. The expiration date represents the end of the most recent DED grant and is subject to change based on DED grant and is subject to change based on
future decisions of the President. future decisions of the President.
Countries
Burma
On February 1, 2021, Burma’s military seized control of Burma’s Union Government and 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 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 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.39 In subsequent weeks, the military Burma’s partial transition from military rule to democracy.39 In subsequent weeks, the military
used lethal force against peaceful protesters several times. In a press release announcing the 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, 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 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 civilians, the people of Burma are suffering a complex and deteriorating humanitarian crisis in
many parts of the country.”40 The press release also noted, “The coup has led to continuing many parts of the country.”40 The press release also noted, “The coup has led to continuing
violence, pervasive arbitrary detentions, the use of lethal violence against peaceful protesters, and 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~~

39 CRS Insight IN11594, 39 CRS Insight IN11594, Coup in Burma (Myanmar): Issues for U.S. Policy. .
40 Department of Homeland Security, “Secretary Mayorkas Designates Burma for T emporary Protected Status,” press 40 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-release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-
protected-status. protected-status.
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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 areas by limiting access to life-saving assistance, disrupting flights carrying humanitarian and
medical aid, and spurring an economic crisis.”41 medical aid, and spurring an economic crisis.”41
Burma’s designation is for 18 months. Burmese nationals who can demonstrate that they were 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 present in the United States as of March 11, 2021 are eligible. DHS estimates that 1,600
individuals may be eligible under this designation.42 individuals may be eligible under this designation.42
Central American Countries
The only time Congress has granted TPS was in 1990 (as part of P.L. 101-649, the law 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.43 In the aftermath of establishing TPS) to eligible Salvadoran nationals in the United States.43 In the aftermath of
Hurricane Mitch in November 1998, then-Attorney General Janet Reno announced that she would 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 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. 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 Nicaragua for TPS due to “severe flooding and associated damage” and “substantial disruption of
living conditions” caused by Hurricane Mitch.44 Prior to leaving office in January 2001, President living conditions” caused by Hurricane Mitch.44 Prior to leaving office in January 2001, President
Clinton said that his Administration would temporarily suspend deportations to El Salvador 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 because of a major earthquake. In 2001, the George W. Bush Administration granted TPS to
Salvadoran nationals following two earthquakes that rocked the country.45 Salvadoran nationals following two earthquakes that rocked the country.45
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.”46 On the same day, DHS announced that more information was largely been completed.”46 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.47 On May 4, 2018, DHS announced its decision to terminatestatus be extended for six months.47 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 Ibid. 41 Ibid.
42 U.S. Citizenship and Immigration Services, “Designation of Burma (Myanmar) for T emporary Protected Status,” 86 42 U.S. Citizenship and Immigration Services, “Designation of Burma (Myanmar) for T emporary Protected Status,” 86
Federal Register 28132-28137, May 25, 2021; Michele Kelemen, “ U.S. Offers Protected Status For People From 28132-28137, May 25, 2021; 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, 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,” “U.S. grants Myanmar nationals relief from deportation after military coup,” Reuters, March 12, 2021; Joe Walsh, , March 12, 2021; Joe Walsh,
“Biden Offers Deportation Relief T o Myanmar Nationals Amid Coup Chaos,” “Biden Offers Deportation Relief T o Myanmar Nationals Amid Coup Chaos,” Forbes, March 12, 2021. , March 12, 2021.
43 For historical analysis, see archived CRS Report IB87205, 43 For historical analysis, see archived CRS Report IB87205, Immigration Status of Salvadorans and Nicaraguans
(available to congressional clients upon request). (available to congressional clients upon request).
44 U.S. Department of Justice, Immigration and Naturalization Service, “T he Designation of Honduras Under 44 U.S. Department of Justice, Immigration and Naturalization Service, “T he Designation of Honduras Under
T emporary Protected Status,” 64T emporary Protected Status,” 64 Federal Register 524-526, January 5, 1999; U.S. Department of Justice, Immigration 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 and Naturalization Service, “T he Designation of Nicaragua Under T emporary Protected Status,” 64 Federal Register
526-528, January 5, 1999. 526-528, January 5, 1999.
45 U.S. Department of Justice Immigration and Naturalization Service, “T he Designation of El Salvador Under 45 U.S. Department of Justice Immigration and Naturalization Service, “T he Designation of El Salvador Under
T emporary Protected Status,” 66T emporary Protected Status,” 66 Federal Register 14214-14216, March 9, 2001. 14214-14216, March 9, 2001.
46 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of the Designation 46 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 of Nicaragua for T emporary Protected Status,” 82 Federal Register 59636-59642, December 15, 2017. 59636-59642, December 15, 2017.
47 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation 47 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Honduras for T emporary Protected Status,”82 of Honduras for T emporary Protected Status,”82 Federal Register 59630-59636, December 15, 2017. 59630-59636, December 15, 2017.
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the TPS designation for Honduras, with an 18-month delay (until January 5, 2020) to al ow for an orderly transition.48 The terminations for Nicaragua and Honduras are on hold due to a legal orderly transition.48 The terminations for Nicaragua and Honduras are on hold due to a legal
chal enge.49 chal enge.49
On January 8, 2018, DHS announced its decision to terminate TPS for El Salvador—whose On January 8, 2018, DHS announced its decision to terminate TPS for El Salvador—whose
nationals account for about 60% of al current TPS recipients—after an 18-month transition 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 9, 2019,50 but the period. El Salvador’s TPS designation was scheduled to end on September 9, 2019,50 but the
termination has not yet taken effect due to a legal chal enge.51 DHS announced in October 2019—termination has not yet taken effect due to a legal chal enge.51 DHS announced in October 2019—
as part of agreements with El Salvador related to information sharing and security—that it would 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. (To extend the validity of work permits through January 4, 2021, for Salvadorans with TPS. (To
comply with court orders, DHS has since extended TPS-related documentation through October 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.52) 4, 2021, for individuals from El Salvador, Nicaragua, Honduras, and other specified countries.52)
The October 2019 announcement also stated that Salvadorans with TPS would have “an The October 2019 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.”53 These actions do not equate to a TPS extension, as defined in statute.54 home country.”53 These actions do not equate to a TPS extension, as defined in statute.54
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 violence, political unrest, and subsequent natural disasters have left these argued that ongoing violence, political unrest, and subsequent natural disasters have left these
countries unable to adequately handle the return of their nationals and that a large-scale return 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, 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 foreign relations, and the flow of remittances sent by Central Americans living in the United
States to their relatives in Central America.55 Opponents have argued that ending the TPS States to their relatives in Central America.55 Opponents have argued that ending the TPS
designations for these countries is consistent with its original intent—to provide designations for these countries is consistent with its original intent—to provide temporary safe safe
haven. haven.
Haiti
~~Haiti faces growing instability as President Jovenel Moïse continues to rule by decree, protesters~~
~~cal for his resignation, and gang violence is rampant. Ignoring domestic and international cal s~~
~~for parliamentary elections as soon as possible, Moïse instead scheduled a constitutional~~
~~referendum for June 27, 2021, that would al ow his reelection, and set national elections for next~~On May 22, 2021, Secretary Mayorkas announced a new, 18-month TPS designation for Haiti based on extraordinary and temporary conditions, stating, “Haiti is currently experiencing serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of

48 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on 48 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/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. secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
49 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, 49 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 . .
50 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on 50 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/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. secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
51 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, 51 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 . .
52 For more information, see Department of Homeland Security, U.S. Citizenship and Immigration Service s, 52 For more information, see Department of Homeland Security, U.S. Citizenship and Immigration Service s,
“Continuation of Documentation for Beneficiaries of T emporary Protected Status Designations for El Salvador, Haiti, “Continuation of Documentation for Beneficiaries of T emporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal,” 85Nicaragua, Sudan, Honduras, and Nepal,” 85 Federal Register 79208-79215, December 9, 2020. 79208-79215, December 9, 2020.
53 U.S. Department of Homeland Security, “ U.S. and El Salvador Sign Arrangements on Security and Information 53 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/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. 28/us-and-el-salvador-sign-arrangements-security-information-sharing-give-salvadorans.
54 See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)). 54 See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)).
55 For information on country conditions, see CRS Report R43616, 55 For information on country conditions, see CRS Report R43616, El Salvador: Background and U.S. Relations; CRS ; CRS
Report R44560, Report R44560, Nicaragua: In Brief; and CRS Report RL34027, ; and CRS Report RL34027, Honduras: Background and U.S. Relations. .
Congressional Research Service Congressional Research Service

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Temporary Protected Status and Deferred Enforced Departure

~~fal .56 The Organization of American States (OAS) Permanent Council unanimously agreed in~~
~~March 2021 to assist in facilitating a political dialogue among the Moïse government, members~~
~~of the opposition, and civil society. Facing growing public opposition, the Haitian government~~
~~asked the OAS on April 28, 2021, to send a mission to help facilitate an agreement to organize the~~
~~referendum and elections.57 Some states object to including the referendum in discussions, as it is~~
~~arguably unconstitutional,58 but agree that a mission should be organized quickly.~~
~~On May 22, 2021, Secretary Mayorkas announced a new, 18-month TPS designation for Haiti~~
~~based on extraordinary and temporary conditions, stating, “Haiti is currently experiencing serious~~
~~security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of~~
~~basic resources, which are exacerbated by the COVID-19 pandemic.”59~~basic resources, which are exacerbated by the COVID-19 pandemic.”56 The announcement The announcement
followed months of pressure from immigration advocates and some Members of Congress, followed months of pressure from immigration advocates and some Members of Congress,
including the chair and ranking member of the Senate Foreign Relations Committee.including the chair and ranking member of the Senate Foreign Relations Committee.~~60 Media~~
~~reports cite estimates of 100,000–150~~57 DHS estimates that 155,000 Haitians ,000 Haitians ~~who~~ may be eligible under this designation,may be eligible under this designation,61
58 which includes which includes ~~individuals~~ individuals who are currently covered by the separate TPS designation that began who are currently covered by the separate TPS designation that began
in 2010. in 2010.
The 2010 designation was made after the January 12, 2010 earthquake in Haiti prompted cal s for The 2010 designation was made after the January 12, 2010 earthquake in Haiti prompted cal s for
the Obama Administration to grant TPS to Haitian nationals in the United States.the Obama Administration to grant TPS to Haitian nationals in the United States.6259 The scale of The scale of
the humanitarian crisis after the earthquake—with estimates of thousands of Haitians dead and 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 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, 2010.6360 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.”6461
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

~~56 For further information, see the “Haiti” section in CRS Report R46781,~~ ~~Latin America and the Caribbean: U.S.~~
~~Policy and Key Issues in the 117th Congress, coordinated by Mark P. Sullivan.~~
~~57 Jacqueline Charles, “US urges OAS to quickly organize mission to Haiti as nation’s turmoil deepens,” May 12, 2021.~~
~~58 “Haiti’s Constitution of 1987 ... ,” Art. 192, Arts. 282-283, and Art. 284.3.~~
59 Haitian nationals, citing difficulties nationals were experiencing in obtaining documents to establish identity and nationality, and in gathering funds required to apply for TPS.62 DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS, through January 22, 2013.63 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 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,64 but were not 56 Department of Homeland Security, “Secretary Mayorkas Designates Haiti for T emporary Protected Status for 18 Department of Homeland Security, “Secretary Mayorkas Designates Haiti for T emporary Protected Status for 18
months,” press release, May 22, 2021, https://www.dhs.gov/news/2021/05/22/secretary-mayorkas-designates-haiti-months,” press release, May 22, 2021, https://www.dhs.gov/news/2021/05/22/secretary-mayorkas-designates-haiti-
temporary-protected-status-18-months. temporary-protected-status-18-months.
For further information on count ry conditions, see the “ Haiti” section in CRS Report R46781, Latin Am erica and the Caribbean: U.S. Policy and Key Issues in the 117th Congress, coordinated by Mark P. Sullivan. 57 60 Senate Foreign Relations Committee, “Menendez, Rubio Urge Biden Administration to Re-designate Haiti for T PS,” Senate Foreign Relations Committee, “Menendez, Rubio Urge Biden Administration to Re-designate Haiti for T PS,”
press release, March 12, 2021, https://www.foreign.senate.gov/press/chair/release/-menendez-rubio-urge-biden-press release, March 12, 2021, https://www.foreign.senate.gov/press/chair/release/-menendez-rubio-urge-biden-
administration-to_re-designate-haiti-for-tps. administration-to_re-designate-haiti-for-tps.
~~61 “US again extending temporary protected status for Haitians,” Associated Press, May 22, 2021; and Jaclyn Diaz,~~
~~“More T han 100,000 Haitian Immigrants Can Apply For An Extension T o Stay In T he U.S.,” National Public Radio,~~
~~May 24, 2021.~~
6258 United States Citizenship and Immigration Services, “Designation of Haiti for T emporary Protected Status,” 86 Federal Register 41863-41871, August 3, 2021. 59 T he issue of Haitian T PS had arisen several times prior, most notably after the U.S. Ambassador declared Haiti a 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 disaster in September 2004 due to the magnitude of the effects of T ropical Storm Jeanne. A series of tropical ~~cyclones~~c yclones
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. .
6360 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.
6461 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.
~~Congressional Research Service~~

10

~~Temporary Protected Status and Deferred Enforced Departure~~

~~Haitian nationals, citing difficulties nationals were experiencing in obtaining documents to~~
~~establish identity and nationality, and in gathering funds required to apply for TPS.65~~
~~DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,~~
~~through January 22, 2013.66 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~~
~~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,67 but were not~~
~~covered by the initial TPS designation.68~~62 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. 63 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of T emporary Protected Status for Haitian Beneficiaries,” press release, May 17, 2011. 64 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)). For more information, see CRS Report R46570, Im m igration Parole. Congressional Research Service 10 Temporary Protected Status and Deferred Enforced Departure covered by the initial TPS designation.65 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, 2017.6966
A May 2, 2017 letter from members of the Congressional Black Caucus to then-DHS Secretary 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 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 difficulties from the 2010 earthquake that kil ed over 300,000 people, an ongoing cholera
epidemic, and additional damages from Hurricane Matthew in 2016.epidemic, and additional damages from Hurricane Matthew in 2016.7067 On May 24, 2017, Kel y On May 24, 2017, Kel y
extended Haiti’s TPS designation for six months (the minimum al owed by statute), from its 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 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.to return to Haiti should its designation be terminated after six months.7168 An October 4, 2017, An October 4, 2017,
letter from the Haitian ambassador to then-Acting DHS Secretary Elaine Duke requested that letter from the Haitian ambassador to then-Acting DHS Secretary Elaine Duke requested that
Haiti’s designation be extended for an additional 18 months.Haiti’s designation be extended for an additional 18 months.7269 On November 20, 2017, DHS On November 20, 2017, DHS
announced its decision to terminate TPS for Haiti, with an 18-month transition period. Its announced its decision to terminate TPS for Haiti, with an 18-month transition period. Its
designation was set to terminate on July 22, 2019,designation was set to terminate on July 22, 2019,7370 but the termination has not yet taken effect but the termination has not yet taken effect
due to legal chal enges.due to legal chal enges.7471 Haitian nationals who have been covered under the designation that Haitian nationals who have been covered under the designation that
began in 2010 and wish to be covered by the new designation must submit a new application to began in 2010 and wish to be covered by the new designation must submit a new application to
DHS. DHS.

~~65 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.~~
~~66 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of T emporary Protected Status~~
~~for Haitian Beneficiaries,” press release, May 17, 2011.~~
~~67 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. §11 82(d)(5)). For~~
~~more information, see CRS Report R46570, Im m igration Parole.~~
68 Hong Kong Following large-scale protests in 2019, China imposed a sweeping National Security Law on Hong Kong in 2020 that many see as violating a 1984 Sino-British treaty which stated that Hong Kong’s social and economic systems and individual rights and freedoms would remain unchanged until at least 2047 and in which China promised to give Hong Kong a “high degree of autonomy.”72 In February 2021, after Hong Kong authorities charged pro-democracy politicians and activists with subversion under the new law, U.S. Secretary of State Antony Blinken cal ed for their immediate release, tweeting, “Political participation and freedom of expression should not be crimes.”73 On August 5, 2021, President Biden granted DED to certain Hong Kong residents currently in the United States citing the “significant erosion” of human rights and fundamental freedoms.74 Under this directive, eligible individuals may apply to DHS for work authorization and are not subject to removal from the United States for the next 18 months. 65 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.
6966 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.
7067 For conditions following Hurricane Matthew, see CRS In Focus IF10502, For conditions following Hurricane Matthew, see CRS In Focus IF10502, Haiti: Cholera, the United Nations, and
Hurricane Matthew. .
7168 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,” 82of Haiti for T emporary Protected Status,” 82 Federal Register 23830-23837, May 24, 2017. 23830-23837, May 24, 2017.
7269 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.
7370 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.
7471 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 ~~Salvad or to Go Forward~~.
Salvador to Go Forw ard. 72 CRS In Focus IF10119, China Primer: U.S.-China Relations. 73 Ibid. 74 T he White House (President Biden), Office of the Press Secretary, “Memorandum on the Deferred Enforced Departure for Certain Hong Kong Residents,” presidential memorandum for the Secretary of State and the Secretary of Congressional Research Service Congressional Research Service

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Temporary Protected Status and Deferred Enforced Departure

Liberia
Liberians in the United States first received TPS in March 1991 following the outbreak of civil 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 2000.75 In 1999, war. Although that war ended, a second civil war began in 1999 and escalated in 2000.75 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.76 In 2006, the George W. Bush Administration again for TPS due to ongoing armed conflict.76 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.77 DED for those Liberians until March 31, 2010, and several times thereafter.77
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.78 On September 26, 2016, DHS issued a TPS, as were eligible Sierra Leoneans and Guineans.78 On September 26, 2016, DHS issued a
notice terminating TPS for Liberia with an effective date of May 21, 2017; this date provided 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 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 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.”79 Similar termination … to apply for other immigration benefits for which they are eligible.”79 Similar termination
notices were issued for Sierra Leone and Guinea. notices were issued for Sierra Leone and Guinea.
For a special y designated population of Liberians who had been residing in the United States 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, since October 2002, their DED status was extended by President Obama through March 31,
2018.80 President Trump announced on March 27, 2018, that extending DED again for these 2018.80 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 U.S. foreign 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.81 A lawsuit chal enging the termination policy interests warranted a 12-month wind-down period.81 A lawsuit chal enging the termination
was filed in federal court on March 8, 2019.82 Three days before the effective termination date, was filed in federal court on March 8, 2019.82 Three days before the effective termination date,
President Trump—citing congressional efforts to provide longer-term relief for Liberians—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, 2020.83 On~~

Homeland Security, August 5, 2021. 75 See archived CRS Report RL32243, 75 See archived CRS Report RL32243, Liberia: Transition to Peace. .
76 U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the T emporary 76 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.
77 See, for example, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Filing 77 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),
Office of the Press Secretary, “Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary Office of the Press Secretary, “Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary
of Homeland Security, September 28, 2016 . of Homeland Security, September 28, 2016 .
78 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “78 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “~~Designation~~Designat ion of Liberia for 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,” 80 Guinea, Liberia and Sierra Leone for T emporary Protected Status,” 80 Federal Register, ~~Number~~Num ber 122, 36551-36552,
June 25, 2015. June 25, 2015.
79 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Six -Month Extension of 79 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 Benefits for Orderly T ransition Before T ermination of Liberia’s Designation for
T emporary Protected Status,” 81T emporary Protected Status,” 81 Federal Register 66059-66064, September 26, 2016. 66059-66064, September 26, 2016.
80 T he White House (President Obama), Office of the Press Secretary, “Deferred Enforced Departure for Liberians,” 80 T he White House (President Obama), Office of the Press Secretary, “Deferred Enforced Departure for Liberians,”
presidential memorandum for the Secretary of Homeland Security, September 28, 2016. presidential memorandum for the Secretary of Homeland Security, September 28, 2016.
81 T he White House (President T rump), Office of the Press Secretary, “Expiration of Deferred Enforced Departure for 81 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, Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 27,
2018. 2018.
82 Complaint, African Cmtys. T ogether v. T rump, No. 1:19 -cv-10432 (D. Mass. Mar. 8, 2019). 82 Complaint, African Cmtys. T ogether v. T rump, No. 1:19 -cv-10432 (D. Mass. Mar. 8, 2019).
~~83 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,~~
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Congressional Research Service 12 Temporary Protected Status and Deferred Enforced Departure announced a 12-month extension of the wind-down period, to last through March 30, 2020.83 On March 30, 2020, President Trump again delayed the effective date of the termination (this time to 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 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 provision to adjust their status under the recently enacted Liberian Refugee Immigration Fairness provision
(see next paragraph). Approximately 589 Liberians have approved employment authorization (see next paragraph). Approximately 589 Liberians have approved employment authorization
documents (EADs) under this DED directive.84 This number does not reflect al Liberians who documents (EADs) under this DED directive.84 This number does not reflect al Liberians who
might be covered under this DED announcement—only those who applied for and received an might be covered under this DED announcement—only those who applied for and received an
EAD.85 On January 20, 2021, his first day in office, President Biden reinstated DED for Liberians EAD.85 On January 20, 2021, his first day in office, President Biden reinstated DED for Liberians
who had been covered by the prior DED grant.86 The current DED grant is for 18 months. who had been covered by the prior DED grant.86 The current DED grant is for 18 months.
The 116th Congress incorporated Liberian Refugee Immigration Fairness (LRIF) provisions into The 116th Congress incorporated Liberian Refugee Immigration Fairness (LRIF) provisions into
the FY2020 National Defense Authorization Act (NDAA). LRIF al ows Liberians who have been the FY2020 National Defense Authorization Act (NDAA). LRIF al ows Liberians who have been
continuously present in the United States since November 2014 and their family members to continuously present in the United States since November 2014 and their family members to
apply for LPR status. President Trump signed the FY2020 NDAA into law on December 20, 2019 apply for LPR status. President Trump signed the FY2020 NDAA into law on December 20, 2019
(P.L. 116-92, Section 7611).87 (P.L. 116-92, Section 7611).87
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
many areas. Over half a mil ion homes were reportedly destroyed.88 On June 24, 2015, citing a many areas. Over half a mil ion homes were reportedly destroyed.88 On June 24, 2015, citing a
substantial but temporary disruption in living conditions as a result of the earthquake, then-DHS substantial but temporary disruption in living conditions as a result of the earthquake, then-DHS
Secretary Secretary Jeh Johnson designated Nepal for TPS for an 18-month period.89 TPS for Nepal was Johnson designated Nepal for TPS for an 18-month period.89 TPS for Nepal was
extended for 18 months in October 2016.90 On April 26, 2018, then-Secretary Kirstjen Nielsen extended for 18 months in October 2016.90 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.91 A 12-month delay of the termination Nepal could adequately handle the return of its nationals.91 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

83 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. 2019.
84 Numbers provided to CRS by USCIS and represent individuals with a valid EAD as of February 4, 2020. 84 Numbers provided to CRS by USCIS and represent individuals with a valid EAD as of February 4, 2020.
85 Individuals who benefit from DED are not required to register for the status with USCIS unless they are applying for 85 Individuals who benefit from DED are not required to register for the status with USCIS unless they are applying for
work authorization. In its February 25, 2021 webinar, “ Liberian Refugee Immigration Fairness (LRIF) and Deferred work authorization. In 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 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 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 ended on September 30, 2007 minus those who have since adjusted to ~~LPR~~LP R status. status.
86 T he White House (President Biden), Office of the Press Secretary, “Reinstating Deferred Enforced Departure for 86 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, Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 20,
2021. 2021.
87 Section 901 of the Consolidated Appropriations Act, 2021 (P.L. 116-260) extended by one year the deadline to apply 87 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). for LRIF (to December 20, 2021).
88 See CRS Report R44303, 88 See CRS Report R44303, Nepal: Political Developments and U.S. Relations. For information on more recent country . For information on more recent country
conditions, see CRS In Focus IF10216, conditions, see CRS In Focus IF10216, Nepal. .
89 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for T emporary 89 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for T emporary
Protected Status,” 80 Protected Status,” 80 Federal Register 36346-36350, June 24, 2015. 36346-36350, June 24, 2015.
90 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation 90 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.
91 U.S. Department of Homeland Security, “ Secretary Kirstjen M. Nielsen Announcement on T emporary Protected 91 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.
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thus set to terminate on June 24, 2019.92 The termination has not yet taken effect due to a legal thus set to terminate on June 24, 2019.92 The termination has not yet taken effect due to a legal
chal enge.93 chal enge.93
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 inthe authoritarian Siad Barre regime in 1991, it has lacked a viable central authority capable of 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. 94 94
Somalia was first designated for TPS in 1991 based on “extraordinary and temporary conditions 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.”95 … that prevent aliens who are nationals of Somalia from returning to Somalia in safety.”95
Through Through 2425 subsequent extensions or redesignations, Somalia has maintained TPS due to subsequent extensions or redesignations, Somalia has maintained TPS due to
insecurity and ongoing armed conflict that present serious threats to the safety of returnees. insecurity and ongoing armed conflict that present serious threats to the safety of returnees. In
~~January 2020, DHS~~Most recently, DHS Secretary Mayorkas extended Somalia’s designation for another 18 months extended Somalia’s designation for another 18 months ~~through September~~
~~17, 2021~~ through March 17, 2023; at the same time, he redesignated Somalia, moving the cutoff date forward and thereby al owing additional individuals who have been continuously residing in the United States since July 19, 2021, to apply.96 .96
Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.97 Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.97
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.
On July 9, 2011, South Sudan became a new nation.98 With South Sudan’s independence from the On July 9, 2011, South Sudan became a new nation.98 With South Sudan’s independence from the
Republic of Sudan, questions arose about whether nationals of the new nation would continue to 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 be eligible for TPS. In response, then-Secretary Napolitano designated South Sudan for TPS on
October 17, 2011.99 TPS has been extended or redesignated seven times since then due to ongoing October 17, 2011.99 TPS has been extended or redesignated seven times since then due to ongoing
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.”100 The latest abuses, and a humanitarian disaster on a devastating scale across the country.”100 The latest
extension was for 18 months and expires on May 2, 2022.101 extension was for 18 months and expires on May 2, 2022.101

92 Ibid. 92 Ibid.
93 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, 93 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 . .
94 See CRS In Focus IF10155, 94 See CRS In Focus IF10155, Somalia. .
95 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for 95 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.
~~96U.S.~~ 96United States Citizenship and Immigration Services, “Citizenship and Immigration Services, “Extension and Redesignation of Somalia for T emporary T emporary Protected Status,” 86 Federal Register 38744-38753, July 22, 2021. ~~Protected Status Designated Country: Somalia,”~~
~~https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-~~
~~somalia.~~
97 See CRS In Focus IF10182, 97 See CRS In Focus IF10182, Sudan. .
98 See CRS In Focus IF10218, 98 See CRS In Focus IF10218, South Sudan. .
99 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of 99 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of
South Sudan for T emporary Protected Status,” 76South Sudan for T emporary Protected Status,” 76 Federal Register 63629-63635, October 13, 2011. 63629-63635, October 13, 2011.
100 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for 100 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.
101 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Alert ,” https://www.uscis.gov/101 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 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.)~~
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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, 2018.102 The termination has not yet Sudan’s TPS designation would expire on November 2, 2018.102 The termination has not yet
taken effect due to a legal chal enge.103 taken effect due to a legal chal enge.103
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 2020.104 mil ion Syrians fleeing the country and 6.2 mil ion more internal y displaced as of early 2020.104
On March 29, 2012, then-Secretary of Homeland Security Janet Napolitano designated Syria for On March 29, 2012, then-Secretary of Homeland Security Janet Napolitano designated Syria for
TPS through September 30, 2013, citing temporary extraordinary conditions that would make it 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.105 In that initial unsafe for Syrian nationals already in the United States to return to the country.105 In that initial
granting of TPS, Secretary Napolitano made clear that DHS would conduct full background granting of TPS, Secretary Napolitano made clear that DHS would conduct full background
checks on Syrians registering for TPS.106 TPS for Syrian nationals has since been extended. The checks on Syrians registering for TPS.106 TPS for Syrian nationals has since been extended. The
18-month extension on August 1, 2016, was accompanied by a redesignation, which updated 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, required arrival date into the United States for Syrians from January 5, 2015, to August 1,
2016.107 On January 31, 2018, then-Secretary Nielsen announced her decision to extend the TPS 2016.107 On January 31, 2018, then-Secretary Nielsen announced her decision to extend the TPS
designation for Syria for another 18 months, citing the ongoing armed conflict and extraordinary designation for Syria for another 18 months, citing the ongoing armed conflict and extraordinary
conditions that prompted the original designation.108 This announcement did not include a conditions that prompted the original designation.108 This announcement did not include a
redesignation; thus, Syrians who entered the United States after August 1, 2016, remained redesignation; thus, Syrians who entered the United States after August 1, 2016, remained
ineligible.109 The Trump Administration issued another 18-month extension (without ineligible.109 The Trump Administration issued another 18-month extension (without
redesignation) for Syria through March 31, 2021.110 On January 29, 2021, the Biden redesignation) for Syria through March 31, 2021.110 On January 29, 2021, the Biden
Administration announced a redesignation and 18-month extension of Syria’s TPS. This action 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 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.111 approximately 1,800 additional individuals to file initial applications to obtain such status.111

designation had not been published.) 102 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of the 102 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of the
Designation of Sudan for T emporary Protected Status,” 82 Designation of Sudan for T emporary Protected Status,” 82 Federal Register 47228-47234, October 11, 2017. 47228-47234, October 11, 2017.
103 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, 103 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 . .
104 See CRS Report R43119, 104 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. .
105 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab 105 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “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.
106 Secretary of Homeland Security Janet Napolitano, “T emporary Protected Status (T PS) for Syrian Nationals,” press 106 Secretary of Homeland Security Janet Napolitano, “T emporary Protected Status (T PS) for Syrian Nationals,” press
release, March 23, 2012, release, March 23, 2012, ~~http~~https://www.dhs.gov/ynews/releases/20120323-napolitano-statement://www.dhs.gov/ynews/releases/20120323-napolitano-statement -syria-tps.shtm. -syria-tps.shtm.
107 Previously, Syrians who had arrived in the United States after January 5, 2015, were not eligible for T PS. T he 107 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. 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, “Department of Homeland Security, U.S. Citizenship and Immigration Services, “ Extension and Redesignation of Syria Extension and Redesignation 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.
108 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement On 108 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/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. secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
109 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation 109 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
Syria for T emporary Protected Status,” 83Syria for T emporary Protected Status,” 83 Federal Register 9329-9336, March 5, 2018. 9329-9336, March 5, 2018.
110 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation 110 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
Syria for T emporary Protected Status,” 84Syria for T emporary Protected Status,” 84 Federal Register 49751-49757, September 23, 2019. 49751-49757, September 23, 2019.
111 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation 111 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation
of Syria for T emporary Protected Status,” 86of Syria for T emporary Protected Status,” 86 Federal Register 14946-14952, March 19, 2021. 14946-14952, March 19, 2021.
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Venezuela
Venezuela is in a deep crisis under the authoritarian rule of Nicolás Maduro. Narrowly elected in 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 2013 after the death of populist President Hugo Chávez, Maduro began a second term in January
2019 that is widely considered il egitimate.112 By most accounts, Maduro’s government has 2019 that is widely considered il egitimate.112 By most accounts, Maduro’s government has
mismanaged the economy and engaged in massive corruption, exacerbating the effects of a 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 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 medicine, declines in purchasing power, and a collapse of social services have created a
humanitarian crisis.113 humanitarian crisis.113
During 2019, some Members of Congress and nonprofit organizations requested that the Trump During 2019, some Members of Congress and nonprofit organizations requested that the Trump
Administration designate Venezuela for TPS,114 and the House passed a bil that would have Administration designate Venezuela for TPS,114 and the House passed a bil that would have
designated Venezuela for TPS for 18 months.115 A Senate effort in July 2020 to pass H.R. 549 by designated Venezuela for TPS for 18 months.115 A Senate effort in July 2020 to pass H.R. 549 by
unanimous consent failed. In response to a letter requesting TPS for Venezuela, the Acting unanimous consent failed. 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 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 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.116 The Trump the Trump Administration’s terminations of TPS designations for several countries.116 The Trump
Administration never designated Venezuela for TPS. However, on his last full day in office, 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, 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 2021, asserting that the Maduro regime is responsible for “the worst humanitarian crisis in the
Western Hemisphere in recent memory.”117 Western Hemisphere in recent memory.”117
The Biden Administration determined that Venezuela met the statutory conditions for a TPS 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 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 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 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 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: an 18-month TPS designation for Venezuela, citing the following factors:
economic contraction; inflation and economic contraction; inflation and hyperinflation; deepening poverty; high levels of hyperinflation; deepening poverty; high levels of
unemployment; reduced access to and shortages of food and medicine; a severely unemployment; reduced access to and shortages of food and medicine; a severely
weakened medical system; the reappearance weakened medical system; the reappearance oro r increased incidence of certain increased incidence of certain
communicable diseases; a collapse in basic services; water, electricity, and fuel shortages; communicable diseases; a collapse in basic services; water, electricity, and fuel shortages;
political polarization; institutional and political tensions; human rights abuses and political polarization; institutional and political tensions; human rights abuses and
repression; crime and violence; corruption;repression; crime and violence; corruption; increased human mobility and displacement increased human mobility and displacement

112 CRS In Focus IF10230, 112 CRS In Focus IF10230, Venezuela: Political Crisis and U.S. Policy. .
113 Ibid. 113 Ibid.
114 See, for example, letter from 24 U.S. Senators to President Donald J. T rump, March 7, 2019, 114 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 ; 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, 2 019, and letter from 23 U.S. Representatives to Kevin McAleenan, acting Secretary of DHS, May 10, 2 019,
https://www.uscis.gov/sites/default/files/document/foia/T PS_-_Venezuela_-_Representative_Mucarsel-Powell.pdf. https://www.uscis.gov/sites/default/files/document/foia/T PS_-_Venezuela_-_Representative_Mucarsel-Powell.pdf.
115 H.R. 549, 116th Congress. 115 H.R. 549, 116th Congress.
116 Letter from Ken Cucinelli II, acting director, USCIS, to Leith Anderson, president, National Association of 116 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_-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, _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. .
117 T he White House (President T rump), Office of the Press Secretary, “Deferred Enforced Dep arture for Certain 117 T he White House (President T rump), Office of the Press Secretary, “Deferred Enforced Dep arture for Certain
Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January
19, 2021. 19, 2021.
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(including internal migration, emigration, and return); and the impact of the COVID-19 (including internal migration, emigration, and return); and the impact of the COVID-19
pandemic, among other factors.118 pandemic, among other factors.118
USCIS estimates that approximately 323,000 individuals are eligible to file applications for TPS USCIS estimates that approximately 323,000 individuals are eligible to file applications for TPS
under the designation of Venezuela.119 under the designation of Venezuela.119
Because Venezuela is currently designated for both TPS and DED, Venezuelans may apply for Because Venezuela is currently designated for both TPS and DED, Venezuelans may apply for
work authorization pursuant to either type of relief.120 DHS encourages Venezuelans who are work authorization pursuant to either type of relief.120 DHS encourages Venezuelans who are
eligible for both TPS and DED to apply for TPS during the initial registration period (March 9, 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 after DED has expired.121 2021-September 5, 2021) since they may not qualify for TPS after DED has expired.121
Yemen
On September 3, 2015, then-DHS Secretary Johnson designated Yemen for TPS through March 3, On September 3, 2015, then-DHS Secretary Johnson designated Yemen for TPS through March 3,
2017, due to ongoing armed conflict in the country.122 A 2015 DHS press release stated that 2017, due to ongoing armed conflict in the country.122 A 2015 DHS press release stated that
“requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to “requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to
their personal safety.”123 Since 2015, the war in Yemen has kil ed over 100,000 people, including their personal safety.”123 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.124 On January 4, 2017, DHS extended and redesignated Yemen’s current TPS infrastructure.124 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, 2017.125 The the United States for individuals from Yemen from September 3, 2015, to January 4, 2017.125 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.126 The Trump States after the eligibility cutoff dates” warranted the redesignation of TPS.126 The Trump
Administration twice extended Yemen’s TPS designation for durations of 18 months each, but Administration twice extended Yemen’s TPS designation for durations of 18 months each, but kept the ~~the~~
arrival cutoff datearrival cutoff date ~~remains the same.127 Its current designation lasts through September 3, 2021.~~
the same.127 In July 2021, the Biden Administration extended Yemen’s
118 U.S. Department of Homeland Security, “Designation of Venezuela for T emporary Protected Status and 118 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 Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal
Register 13574-13581, March 9, 2021. 13574-13581, March 9, 2021.
119 Ibid. 119 Ibid.
120 T hose who are approved for work authorization pursuant to their T PS application are to receive an employment 120 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 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 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 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. would expire on July 20, 2022.
121 In limited circumstances, an individual may apply for T PS after the initial registration period has ended. See 8 121 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). C.F.R. §244.2(f)(2).
122 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of the Republic 122 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of the Republic
of Yemen for T emporary Protected Status,” 80of Yemen for T emporary Protected Status,” 80 Federal Register 53319-53323, September 3, 2015. 53319-53323, September 3, 2015.
123 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DHS Announces T emporary 123 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, Protected Status Designation for Yemen,” press release, September 3, 2015, ~~http~~https://www.uscis.gov/news/dhs-://www.uscis.gov/news/dhs-
announces-temporary-protected-status-designation-yemen. announces-temporary-protected-status-designation-yemen.
124 See CRS Report R43960, 124 See CRS Report R43960, Yemen: Civil War and Regional Intervention. .
125 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services,125 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, ~~“E xtension~~ “Extension and Redesignation 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.
126 Ibid. 126 Ibid.
127 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation 127 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Yemen for T emporary Protected Status,” 83 of Yemen for T emporary Protected Status,” 83 Federal Register 40307-40313, August 14, 2018; U.S. Department of 40307-40313, August 14, 2018; U.S. Department of
Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for
~~T emporary Protected Status,” 85 Federal Register 12313-12319, March 2, 2020.~~
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designation for 18 months and, at the same time, redesignated the country, thereby al owing additional individuals who have been continuously residing in the United States since July 5, 2021, to apply.128 State of Residence of TPS Recipients
Individuals with TPS reside in al 50 states, the District of Columbia, and the U.S. territories. The 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 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: 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 Maryland, Virginia, New Jersey, Massachusetts, and North Carolina. See Figure 1 a and 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 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 may include application as of March 11, 2021, who had not obtained LPR status or U.S. citizenship. The data may include
individuals who have moved to another state, left the country, or died since their last TPS approval, and do not individuals who have moved to another state, left the country, or died since their last TPS approval, and do not
necessarily include al nationals from the specified countries who are in the United States and are eligible for the necessarily include al nationals from the specified countries who are in the United States and are eligible for the
status. status.
T emporary Protected Status,” 85 Federal Register 12313-12319, March 2, 2020. 128 United States Citizenship and Immigration Services, “Extension and Redesignation of Yemen for T emporary Protected Status,” 86 Federal Register 36295-36302, July 9, 2021. Congressional Research Service 18 Temporary Protected Status and Deferred Enforced Departure 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.~~128~~129 There are statutory limitations on Congress providing adjustment of status to ~~There are statutory limitations on Congress providing adjustment of status to~~

~~128 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?~~
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TPS recipients. Section 244(h) of the INA (8 U.S.C. §1254a(h)) states that the consideration of TPS recipients. Section 244(h) of the INA (8 U.S.C. §1254a(h)) states that the consideration of
any bil , resolution, or amendment that provides for the adjustment to lawful temporary or lawful any bil , 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 for groups of nationals Over the years, Congress has provided for the adjustment to LPR status for groups of nationals
who had been given TPS or DED. In 1992, Congress enacted legislation al owing Chinese who had been given TPS or DED. In 1992, Congress enacted legislation al owing Chinese
nationals who had DED following the Tiananmen Square massacre to adjust to LPR status (P.L. 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 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 P.L. 105-100), which became law in 1997, provided eligibility for LPR status to certain
Nicaraguans, Cubans, Guatemalans, Salvadorans (some of whom were covered by TPS), and Nicaraguans, Cubans, Guatemalans, Salvadorans (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 nationals of the former Soviet bloc who had applied for asylum and had been living in the United
States for a certain period of time. The 116th Congress incorporated Liberian Refugee States for a certain period of time. The 116th Congress incorporated Liberian Refugee
Immigration Fairness provisions into the FY2020 National Defense Authorization Act; it al ows Immigration Fairness provisions into the FY2020 National Defense Authorization Act; it al ows
Liberians who have been continuously present in the United States since November 2014 and 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 their family members to apply for LPR status. President Trump 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 persons with TPS to adjust to LPR status received action in past Other legislation to al ow persons with TPS to adjust to LPR status received action in past
CongressesCongresses~~, but~~; this legislation was not enacted. For instance, the Senate-passed comprehensive was not enacted. For instance, the Senate-passed comprehensive immigration immigration
reform bil in the 113th Congress (S. 744) did not include specific provisions for foreign nationals 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 registered with TPS to adjust status, but many would have qualified for the registered provisional immigrant provisional immigrant
status that S. 744 would have established.status that S. 744 would have established.~~129~~130
Selected Legislative Activity in the 116th and 117th
Congresses
Various proposals related to TPS and DED were introduced in the 116th Congress. These included Various proposals related to TPS and DED were introduced in the 116th Congress. These included
bil s that would have extended current TPS designations or added new designations for TPS (e.g., bil s that would have extended current TPS designations or added new designations for TPS (e.g.,
Venezuela or Hong Kong),Venezuela or Hong Kong),~~130~~131 prohibited federal funds from being used to remove TPS prohibited federal funds from being used to remove TPS
recipients,recipients,~~131~~132 made TPS or DED recipients eligible for federal financial aid for higher made TPS or DED recipients eligible for federal financial aid for higher
~~education,132 or provided for adjustment to LPR status for TPS and DED recipients who had been~~
~~living in the United States for several years.133 Other bil s introduced in the 116th Congress~~
~~variously sought to limit TPS by transferring authority from DHS to Congress to designate~~
~~foreign states134 or making ineligible for TPS aliens who lack a lawful immigration status or who~~
~~are members of criminal gangs.135 The House passed H.R. 549, which would have designated~~
~~Venezuela for TPS for a period of 18 months. In July 2020, a Senate effort to pass H.R. 549 by~~
~~unanimous consent failed.~~

~~129~~ 129 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. Circuit courts were split on this issue. On June 7, 2021, the Supreme Court ruled unanimously that T PS does not constitute an admission. For more information, see CRS Legal Sidebar LSB10607, Suprem e Court: Unlawful Entrants with Tem porary Protected Status Cannot Adjust to Lawful Perm anent Resident Status. 130 See archived CRS Report R43097, See archived CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: ~~Ma jor~~Major Provisions in
Senate-Passed S. 744. .
~~130~~131 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. 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. 2478, for example.
~~131~~132 H.R. 3931, for example. Congressional Research Service 19 Temporary Protected Status and Deferred Enforced Departure education,133 or provided for adjustment to LPR status for TPS and DED recipients who had been living in the United States for several years.134 Other bil s introduced in the 116th Congress variously sought to limit TPS by transferring authority from DHS to Congress to designate foreign states135 or making ineligible for TPS aliens who lack a lawful immigration status or who are members of criminal gangs.136 The House passed H.R. 549, which would have designated Venezuela for TPS for a period of 18 months. In July 2020, a Senate effort to pass H.R. 549 by unanimous consent failed. ~~H.R. 3931, for example.~~
~~132 H.R. 1298, H.R. 4674, and S. 1346, for example.~~
~~133 H.R. 6, H.R. 1169, H.R. 2783, S. 456, S. 874, S. 879, and S. 1790, for example.~~
~~134 H.R. 3899, for example.~~
~~135 H.R. 98, H.R. 574, H.R. 1106, H.R. 3899, and S. 599, for example.~~
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As noted earlier, in the 116th Congress the National Defense Authorization Act for Fiscal Year 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 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 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. 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 Two bil s that would have provided LPR status to TPS recipients passed the House in the 116th
CongressCongress~~, but~~; these bil s were not taken up by the Senate. Title II of the American Dream and Promise Act were not taken up by the Senate. 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 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 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 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 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 legalization provisions in Title I of H.R. 6. It passed the House on June 4, 2019. The Farm
Workforce Modernization Act of 2019 (H.R. 5038) would have established a process for certain Workforce Modernization Act of 2019 (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 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 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. 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, 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 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 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 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 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 under the version of the bil that passed the 116th Congress, plus Venezuela). The 117th Congress
version adds a provision (Section 203) version adds a provision (Section 203) ~~clarifying~~that would clarify that TPS recipients are considered “inspected that TPS recipients are considered “inspected
and admitted” for purposes of adjustment to LPR status.and admitted” for purposes of adjustment to LPR status.~~136~~137 The 117th Congress version The 117th Congress version of the of the
Farm Workforce Modernization Act (H.R. 1603) is highly similar to H.R. 5038 from the 116th 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 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 States (including those with TPS or DED) to obtain a legal temporary status and then LPR status. status.

~~136~~133 H.R. 1298, H.R. 4674, and S. 1346, for example. 134 H.R. 6, H.R. 1169, H.R. 2783, S. 456, S. 874, S. 879, and S. 1790, for example. 135 H.R. 3899, for example. 136 H.R. 98, H.R. 574, H.R. 1106, H.R. 3899, and S. 599, for example. 137 For more information, see CRS Legal Sidebar For more information, see CRS Legal Sidebar ~~LSB10554,~~ ~~Are~~ LSB10607, Supreme Court: Unlawful Entrants with Temporary Protected Status ~~Recipients Eligible to~~
~~Adjust Status?~~Cannot Adjust to Lawful Perm anent Resident 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
705 705
Nevada Nevada
3,015 3,015
Alaska Alaska
55 55
New Hampshire New Hampshire
270 270
Arizona Arizona
1,095 1,095
New Jersey New Jersey
14,220 14,220
Arkansas Arkansas
2,800 2,800
New Mexico New Mexico
295 295
California California
54,285 54,285
New York New York
40,855 40,855
Colorado Colorado
2,380 2,380
North Carolina North Carolina
12,035 12,035
Connecticut Connecticut
2,085 2,085
North Dakota North Dakota
75 75
Delaware Delaware
600 600
Ohio Ohio
1,615 1,615
District of Columbia District of Columbia
2,595 2,595
Oklahoma Oklahoma
700 700
Florida Florida
42,980 42,980
Oregon Oregon
610 610
Georgia Georgia
9,550 9,550
Pennsylvania Pennsylvania
2,235 2,235
Hawai Hawai
60 60
Rhode Island Rhode Island
605 605
Idaho Idaho
140 140
South Carolina South Carolina
1,300 1,300
Il inois Il inois
2,895 2,895
South Dakota South Dakota
180 180
Indiana Indiana
2,045 2,045
Tennessee Tennessee
2,435 2,435
Iowa Iowa
1,130 1,130
Texas Texas
41,945 41,945
Kansas Kansas
940 940
Utah Utah
895 895
Kentucky Kentucky
695 695
Vermont Vermont
35 35
Louisiana Louisiana
1,685 1,685
Virginia Virginia
22,140 22,140
Maine Maine
150 150
Washington Washington
1,755 1,755
Maryland Maryland
22,760 22,760
West Virginia West Virginia
160 160
Massachusetts Massachusetts
13,160 13,160
Wisconsin Wisconsin
490 490
Michigan Michigan
1,170 1,170
Wyoming Wyoming
40 40
Minnesota Minnesota
2,135 2,135
U.S. Virgin Islands U.S. Virgin Islands
525 525
Mississippi Mississippi
360 360
Puerto Rico Puerto Rico
55 55
Missouri Missouri
1,035 1,035
Northern Mariana Islands Northern Mariana Islands
25 25
Montana Montana
10 10
Other/Unknown Other/Unknown
105 105
Nebraska Nebraska
1,335 1,335
Total
319,465
Source: Data provided to CRS by USCIS. Data provided to CRS by USCIS.
Notes: These data reflect individuals (rounded to the nearest five) with TPS as of March 11, 2021, who had not These data reflect individuals (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 left the country or died since obtained LPR status or U.S. citizenship. The data may include individuals who have left the country or died since
their last TPS approval, and do not necessarily include al nationals from the specified countries who are in the their last TPS approval, 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 Federated States of Micronesia, Guam, Marshal United States and are eligible for the status. “Other” includes Federated States of Micronesia, Guam, Marshal
Islands, and the Armed Forces. 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 This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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