Temporary Protected Status and Deferred Enforced Departure

Changes from August 9, 2021 to April 19, 2022

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Temporary Protected Status and Deferred
~~August 9, 2021~~April 19, 2022
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. the conditions for designation. ~~Congress has also provided TPS legislatively.~~ A foreign national from a designated country 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 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 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. designation emanates from the President’s constitutional powers to conduct foreign relations and has no statutory basis.
As of As of ~~March 11, 2021~~February 16, 2022, approximately , approximately ~~320,000~~354,625 foreign nationals from foreign nationals from 10the following 12 countries who countries who ~~are~~were living in the United States were living in the United States were
protected by TPS: protected by TPS: Burma, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen. In addition, in March and April, 2022, the Biden Administration announced new designations for Ukraine, Afghanistan, and Cameroon~~and Yemen. The~~
~~Trump 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 countries for TPS: Venezuela and Burma; and in May 2021 the Administration announced a new TPS designation~~
~~for Haiti~~. Certain Liberians, Venezuelans, and residents of Hong Kong . Certain Liberians, Venezuelans, and residents of Hong Kong ~~present~~living in the United States currently maintain relief in the United States currently maintain relief
under DED. under DED.
Multiple measures related to TPS Multiple measures related to TPS ~~were~~have been introduced in the introduced in the ~~116th~~117th Congress. They Congress. They ~~included provisions~~include proposals to add new TPS to add new TPS
designations (e.g., Venezuela designations (e.g., Venezuela ~~or Hong Kong) and prohibit gang members or those without lawful status from receiving~~and Hong Kong) and others that would restrict eligibility for TPS. TPS.
There is ongoing debate about whether foreign nationals who have been living in the United States for long periods of time There is ongoing debate about whether foreign nationals who have been living in the United States for long periods of time
with TPS or DED should have a pathway to lawful permanent resident (LPR) status. with TPS or DED should have a pathway to lawful permanent resident (LPR) status. ~~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~~
~~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)~~Two bills that would provide that would provide such a pathway have~~a pathway to~~
~~LPR status for TPS and DED recipients has~~ passed the House. passed the House.
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Temporary Protected Status and Deferred Enforced Departure

Background
Federal law provides that Federal law provides that al all aliens1 attempting to enter the United States must do so pursuant to aliens1 attempting to enter the United States must do so pursuant to
the Immigration and Nationality Act (INA). The INA the Immigration and Nationality Act (INA). The INA ~~al ows~~allows for the admission of (1) immigrants, for the admission of (1) immigrants,
who are admitted to the United States permanently,who are admitted to the United States permanently,2 and (2) nonimmigrants, who are admitted for 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).travelers).3 Foreign nationals who lack lawful immigration Foreign nationals who lack lawful immigration ~~status general y fal~~ status generally fall into three into three
categories: (1) those who are admitted categories: (1) those who are admitted ~~legal y~~legally and then overstay their nonimmigrant visas, (2) 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 the basis of fraudulent documents. In al all three instances, the aliens are in the United States in 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.in the United States in violation of the INA.24 Temporary Protected Status (TPS), codified in INA Temporary Protected Status (TPS), codified in INA
Section 244,Section 244,35 provides temporary relief from removal and work authorization to foreign 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 migration. Another form of blanket ~~relief4~~relief6 from removal—Deferred Enforced Departure (DED)— 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~~information on each of the countries currently designated for TPS on each of the countries currently designated for TPS or DED, including the conditions that have , 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 discussion of legislative activity in the ~~116th and 117th Congresses~~117th Congress related to TPS. related to TPS.
Humanitarian Response
As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N. As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N.
Protocol),Protocol),57 the United States agrees to the principle of 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.) Nonrefoulement
~~is embodied in several provisions of U.S. immigration law. Most notably, it is reflected in INA~~

1 Alien is 1 Alien is the term used in lawthe term used in law and is definedand is defined as anyone who isas anyone who is not a citizen or national of the United States. A U.S. not a citizen or national of the United States. A U.S.
national is a person owing is a person owing permanent allegiance to the United States and includespermanent allegiance to the United States and includes citizens. Noncitizen nationals are citizens. Noncitizen nationals are
individualsindividuals who werewho were born either in American Samoaborn either in American Samoa or on Swainsor on Swains ~~Island~~ Island to parents who are not citizens of the United 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 are used interchangeably. 2 See CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview. 3 See CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States. 4 ~~interchangeably.~~
2 For more information, see CRSFor more information, see CRS Report R45158, Report R45158, An Overview of Discretionary Reprieves from Removal: Deferred
Action, DACA, TPS, and Others. .
35 8 U.S.C. 8 U.S.C. §1254a. §1254a.
~~4 T he~~6 The term term blanket relief in this report refers to relief from removal that is administered to a group in this report refers to relief from removal that is administered to a group of individualsof individuals based based
on their ties to a foreign country; this stands in contrast to asylum, which ison their ties to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case-by-a form of relief administered on a case-by-
case basiscase basis to individualsto individuals ~~based~~ based on their personal circumstances. on their personal circumstances.
~~5 T he~~7 The 1951 United Nations Convention Relating to the Status of Refugees, 1951 United Nations Convention Relating to the Status of Refugees, which waswhich was amended by its 1967 Protocol, amended by its 1967 Protocol,
defines who isdefines who is a refugee and sets out the legal, social, and other kinds of protections that refugees and thosea 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,
https://www.unhcr.org/en-us/abouthttps://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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Departure 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 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.membership in a particular social group, or political opinion.68
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 refugee is a person who is ~~unwil ing~~unwilling or unable to return to his/her country of nationality or or unable to return to his/her country of nationality or
habitual residence because of persecution or a habitual residence because of persecution or a ~~wel~~ well-founded fear of persecution on account of -founded fear of persecution on account of
race, religion, nationality, membership in a particular social group, or political opinion.race, religion, nationality, membership in a particular social group, or political opinion.79 This This
definition also applies to individualsdefinition also applies to individuals seeking asylum. Under the INA, refugees and asylees differ 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.while those in the United States or at a U.S. port of entry apply for asylum.810 Those admitted as 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.TPS is a blanket form of humanitarian relief.911 It is the statutory embodiment of safe haven for It is the statutory embodiment of safe haven for
foreign nationals within the United foreign nationals within the United ~~States10~~States12 who may not qualify for asylum but are nonetheless who may not qualify for asylum but are nonetheless
fleeing—or reluctant to return to—fleeing—or reluctant to return to—~~potential y~~potentially dangerous situations. TPS was established by dangerous situations. TPS was established by
Congress Congress ~~as part~~by Title III of the Immigration Act of 1990 (P.L. 101-649). The statute gives the Secretary of the Immigration Act of 1990 (P.L. 101-649). The statute gives the Secretary
of the Department of Homeland Security (DHS),of the Department of Homeland Security (DHS),1113 in consultation with other government 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.~~
~~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~~

6safely returning. 8 INA §208 (8 U.S.C. INA §208 (8 U.S.C. §1158); INA §241(b)(3) (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)). §1231(b)(3)); and INA § 101(a)(42) (8 U.S.C. §1101(a)(42)).
79 INA §101(a)(42) (8 U.S.C. §1101(a)(42)). In certain circumstances specified in INA §101(a)(42)(B), a refugee may 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~~ 10 See CRS Report R45539, Report R45539, Immigration: U.S. Asylum Policy; and CRS; and CRS Report RL31269, Report RL31269, Refugee Admissions and
~~Resettlem ent~~Resettlement Policy. .
~~9 T he~~11 The term term blanket relief refers to relief from removal that is administered to a group of individuals refers to relief from removal that is administered to a group of individuals ~~based~~ based on their ties on their ties
to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a caseto a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case -by-case-by-case ~~basis~~ basis to to
individualsindividuals ~~based~~ based on their personal circumstances. on their personal circumstances.
10 12 Foreign nationals outside the United States are not eligible to apply for Foreign nationals outside the United States are not eligible to apply for ~~T PS~~TPS. .
~~11 When T PS was~~ 13 When TPS was enacted in 1990, most immigration-related functions, including designatingenacted in 1990, most immigration-related functions, including designating countries for countries for ~~T PS~~TPS, fell , fell
under the authority of the Attorney General. With the creation of the Department of Homeland Security in 2002 (under the authority of the Attorney General. With the creation of the Department of Homeland Security in 2002 ( P.L. P.L.
107-296), most of the Attorney General’s immigration107-296), most of the Attorney General’s immigration -related authority transferred to the Secretary of DHS as of -related authority transferred to the Secretary of DHS as of
March 1, 2003. March 1, 2003.
~~12 INA §244(b)(1) (8 U.S.C. §1254a(b)(1)).~~
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Departure A foreign state may not be designated for TPS if the Secretary of DHS finds that allowing its nationals to temporarily stay in the United States is against the U.S. national interest.14 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.extend these periods if the country continues to meet the conditions for designation.1315 Each 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.States in order to qualify.1416 If a designation is extended, the arrival date may be moved forward in If a designation is extended, the arrival date may be moved forward in
order to order to ~~al ow~~allow those who arrived later to qualify, an action referred to as those who arrived later to qualify, an action referred to as redesignation..15
17 To obtain TPS, To obtain TPS, ~~nationals16~~nationals18 of foreign countries designated for TPS must pay specified of foreign countries designated for TPS must pay specified ~~fees17~~fees19 and and
submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the
deadline set forth in the deadline set forth in the Federal Register notice announcing the TPS designation. The application notice announcing the TPS designation. The application
must include supporting documentation as evidence of eligibilitymust include supporting documentation as evidence of eligibility (e.g., a passport issued by the (e.g., a passport issued by the
designated country and records showing continuous physical presence in the United States since designated country and records showing continuous physical presence in the United States since
the date established in the TPS designation).the date established in the TPS designation).1820 The statute specifies The statute specifies grounds of inadmissibility that that
cannot be waived, including those relating to criminal convictions, drug offenses, terrorist cannot be waived, including those relating to criminal convictions, drug offenses, terrorist
activity, and the persecution of others.activity, and the persecution of others.1921 Foreign nationals outside the United States are not Foreign nationals outside the United States are not
~~eligible~~ eligible to apply for TPS. to apply for TPS.
Individuals granted TPS are eligible Individuals granted TPS are eligible for employment authorization, cannot be detained on the for employment authorization, cannot be detained on the
basis of their immigration status, and are not subject to removal while they retain TPS.basis of their immigration status, and are not subject to removal while they retain TPS.2022 They They
may be deemed ineligiblemay be deemed ineligible for public assistance by a state; they may travel abroad with the prior for public assistance by a state; they may travel abroad with the prior
consent of the DHS Secretary.consent of the DHS Secretary.2123 TPS does not provide a path to lawful permanent residence or TPS does not provide a path to lawful permanent residence or
citizenship, but a TPS recipient is not barred from acquiring nonimmigrant or immigrant status if citizenship, but a TPS recipient is not barred from acquiring nonimmigrant or immigrant status if
he or she meets the requirements.he or she meets the requirements.2224 DHS has indicated that information it collects when an DHS has indicated that information it collects when an
individualindividual registers for TPS may be used to enforce immigration law or in any criminal 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~~
~~deportation proceedings.24~~

~~13 T here~~ 14 INA §244(b)(1) (8 U.S.C. §1254a(b)(1)). 15 There is no limit on the number of extensions a country can receive. is no limit on the number of extensions a country can receive.
~~14 T his~~16 This date is typically the same or very near to the date of the designation announcement. date is typically the same or very near to the date of the designation announcement.
1517 Redesignation is not defined in law; Redesignation is not defined in law; it also refers to cases in which a country is designatedit also refers to cases in which a country is designated for for ~~T PS~~TPS for a different or for a different or
additional reason than previously designated (e.g., initially designatedadditional reason than previously designated (e.g., initially designated on the basison the basis of armed conflict, and subsequently of armed conflict, and subsequently
designateddesignated on the basison the basis of a natural disaster). of a natural disaster).
1618 In addition to nationals of designated countries, In addition to nationals of designated countries, ~~T PS~~TPS statute provides that aliens with no nationality who “last statute provides that aliens with no nationality who “last
habitually residedhabitually resided in such designatedin such designated state” are eligiblestate” are eligible to apply. INA §244(a)(1) (8 U.S.C. §1254a(a)(1)). to apply. INA §244(a)(1) (8 U.S.C. §1254a(a)(1)).
1719 Fees for initial applicants include Fees for initial applicants include a $50 application fee (may not exceed $50 per 8 U.S.C.a $50 application fee (may not exceed $50 per 8 U.S.C. §1254a(c)(1)(B)), a $410 §1254a(c)(1)(B)), a $410
filing fee for employment authorization (if applying for filing fee for employment authorization (if applying for ~~emp loyment~~employment authorization and between the ages of 14 and 65), authorization and between the ages of 14 and 65),
and an $85 biometrics servicesand an $85 biometrics services fee for those age 14 and over. Applicants may request a waiver of the application and 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.
1820 See See 8 C.F.R.8 C.F.R. §244.9 for details on evidence that must be submitted. §244.9 for details on evidence that must be submitted.
1921 Section 212 of the INA specifies broad grounds Section 212 of the INA specifies broad grounds on whichon which foreign nationals are considered ineligibleforeign nationals are considered ineligible to receive visas to receive visas
and ineligibleand ineligible to be admitted to the United States. Section 244(c)(2) in the to be admitted to the United States. Section 244(c)(2) in the ~~T PS~~TPS statute lists which of these statute lists which of these grounds of
~~inadm issibility~~ ~~may be waived~~ inadmissibility may be waived and which may not be waived. and which may not be waived.
2022 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)). INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)).
2123 INA §244(f) (8 U.S.C. §1254a(f)). INA §244(f) (8 U.S.C. §1254a(f)).
2224 For purposes of adjustment to lawful For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted permanent resident status or a change to a nonimmigrant status, an alien granted
~~T PS is~~ TPS is considered as beingconsidered as being in and maintaining “in and maintaining “ lawful status as a nonimmigrant” during the period in which the alien is lawful status as a nonimmigrant” during the period in which the alien is
granted granted ~~T PS~~TPS. INA §244(f)(4) (8 U.S.C. §1254a(f)(4)). . INA §244(f)(4) (8 U.S.C. §1254a(f)(4)).
~~23 8 C.F.R. §244.16.~~
~~24 8 C.F.R. §244.14.~~
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Departure proceeding.25 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or deportation proceedings.26 Deferred Enforced Departure
In addition to TPS, there is another form of blanket relief from removal known as deferred In addition to TPS, there is another form of blanket relief from removal known as deferred
enforced departure (DED),enforced departure (DED),2527 formerly known as extended voluntary departure (EVD). formerly known as extended voluntary departure (EVD).2628 DED is a DED is a
temporary, discretionary, administrative stay of removal granted to aliens from designated temporary, discretionary, administrative stay of removal granted to aliens from designated
countries. Unlike TPS, a DED designation emanates from the President’s constitutional powers to countries. Unlike TPS, a DED designation emanates from the President’s constitutional powers to
conduct foreign relations and has no statutory basis. DED was first used in 1990 and has been conduct foreign relations and has no statutory basis. DED was first used in 1990 and has been
applied to seven countries (see applied to seven countries (see “Historical Use of Blanket Relief”). Liberia, Venezuela,). Liberia, Venezuela, and Hong and Hong
Kong are currently covered by DED.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, President’s discretion, ~~usual y~~usually in response to war, civil unrest, or natural disasters. in response to war, civil unrest, or natural disasters.2729 When When
Presidents grant DED through an executive order or presidential memorandum, they Presidents grant DED through an executive order or presidential memorandum, they ~~general y~~generally
provide eligibilityprovide eligibility guidelines and direct the Secretary of Homeland Security to guidelines and direct the Secretary of Homeland Security to ~~al ow~~allow DED- DED-
eligibleeligible individuals to apply for employment authorization. Unlikeindividuals to apply for employment authorization. Unlike TPS, the Secretary of State 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.applying for work authorization.2830 Instead, DED is triggered when a protected individual is 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,~~
~~Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.29~~

25 25 8 C.F.R. §244.16. 26 8 C.F.R. §244.14. 27 DED is not to be confused DED is not to be confused with deferredwith deferred action, which the Department of Homeland Security defines as “a action, which the Department of Homeland Security defines as “a
discretionary determination to defer removal action of an individual asdiscretionary determination to defer removal action of an individual as an act of prosecutorial discretion.”an act of prosecutorial discretion.” For more For more
information, see CRSinformation, see CRS Report R45158, Report R45158, An Overview of Discretionary Reprieves from ~~Rem oval~~ Removal: Deferred Action,
DACA, TPS, and Others and CRSand CRS Report R45995, Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation . .
26 28 EVD EVD status, which wasstatus, which was ~~used~~ used from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and
Uganda.Uganda. Other countries whose nationals have benefitted in the past from a status similar to EVD includeOther countries whose nationals have benefitted in the past from a status similar to EVD include Cambodia, Cambodia,
Chile, Cuba,Chile, Cuba, Czechoslovakia, Dominican Republic,Czechoslovakia, Dominican Republic, Hungary, Laos, Romania, and Vietnam.Hungary, Laos, Romania, and Vietnam.
27 29 See, See, for example, Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s for example, Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s
RepublicRepublic of China,” of China,” Public Papers of the Presidents of the United States: George Bush XLI, President of the United
States: 1989-1993 (Washington: GPO, 1990); (Washington: GPO, 1990); ~~T he~~The White House (President Obama), Office of the Press Secretary, 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; September 28, 2016; ~~T he~~The White House (President White House (President ~~T rump~~Trump), Office of the ), Office of the ~~P ress~~Press Secretary, “ Secretary, “ Deferred Enforced Departure Deferred Enforced Departure
for Certain Venezuelans,”for Certain Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, presidential memorandum for the Secretary of State and the Secretary of Homeland Security,
January 19, 2021. January 19, 2021.
2830 In general, the President directs executive agencies to implement procedures to provide DED and related benefits, In general, the President directs executive agencies to implement procedures to provide DED and related benefits,
such assuch as employment authorization. See, for example, U.S. Department of Homeland Security, U.S.employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and Citizenship and
Immigration Services, Immigration Services, ~~Tem porary~~Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) , ,
https://www.uscis.gov/sites/default/files/https://www.uscis.gov/sites/default/files/~~USCI S/Abo ut~~USCIS/About%20Us/Electronic%20Reading%20Room/%20Us/Electronic%20Reading%20Room/
Customer%20Service%20Reference%20Guide/Customer%20Service%20Reference%20Guide/~~T empProtectedStatus.pdf.~~
~~29 For a current and historical list of T PS designations by country and links to Federal Register announcements, see~~
~~U.S. Department of Justice, Executive Office for Immigration Review, Tem porary Protected Status,~~
~~https://www.justice.gov/eoir/temporary-protected-status. For a graph showing effective dates, bases for designation,~~
~~Congressional Research Service~~

4

~~link to page 15 link to page 12~~ ~~Temporary Protected Status and Deferred Enforced Departure~~

~~Rather than extending the initial Salvadoran TPS~~ TempProtectedStatus.pdf. Congressional Research Service 4 link to page 18 Temporary Protected Status and Deferred Enforced Departure Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau, the Kosovo Province of Serbia, Kuwait, Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.31 Rather than extending the initial Salvadoran TPS designation when it expired in 1992, President George H. when it expired in 1992, President George H.
W. Bush granted DED to an estimated 190,000 Salvadorans through December 1994. President W. Bush granted DED to an estimated 190,000 Salvadorans through December 1994. President
Bush also granted DED to about 80,000 Chinese nationals in the United States following the Bush also granted DED to about 80,000 Chinese nationals in the United States following the
Tiananmen Square massacre in June 1989, and these individuals retained DED status through Tiananmen Square massacre in June 1989, and these individuals retained DED status through
January 1994.January 1994.3032 From 1991 to 1996, DED was also granted to about 2,200 Kuwaiti Persian Gulf 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 1990evacuees who were airlifted to the United States after the 1990 Iraqi invasion of Kuwait. In December 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 legislativelong-term legislative relief for Haitians.relief for Haitians.3133 President George W. Bush directed that DED be 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.extended several times by President Obama.3234 President Trump terminated DED for Liberians, 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).35 On President Trump’s last full day in office, he granted DED to Venezuelans.36 President Biden re-instated DED for Liberians on his first day in office.37 In August 2021, President Biden granted DED to residents of Hong Kong living in the United States.38 31 For a current and historical list of TPS designations by country and links to Federal Register announcements, see U.S. Department of Justice, Executive Office for Immigration Review, Temporary Protected Status, https://www.justice.gov/eoir/temporary-protected-status. For a graph showing effective dates, bases for designation, and types of TPS decisions for FY1990–FY2019, see U.S. Government Accountability Office, Temporary~~section).33~~
~~Current TPS and DED Designations~~
~~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,~~
~~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,~~
~~2021;35 each for 18 months. An estimated 323,000 Venezuelans, 1,600 Burmese, and 155,000~~
~~Haitian 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,~~ ~~Tem porary~~ Protected
Status: Steps Taken to Inform and Communicate Secretary of 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 32 Many of the beneficiaries of this DED grant were Many of the beneficiaries of this DED grant were able to adjust to LPR status through the Chinese Studentable to adjust to LPR status through the Chinese Student Protection Protection
Act of 1992 (P.L. 102-404). Act of 1992 (P.L. 102-404).
~~31 T he~~33 The Nicaraguan Adjustment and Central American Relief Nicaraguan Adjustment and Central American Relief Act (NACARA) (Act (NACARA) (~~T itle~~Title II of P.L. 105-100) was enacted in II of P.L. 105-100) was enacted in
1997 and provided eligibility1997 and provided eligibility for LPR for LPR ~~st atus~~status to certain Nicaraguans, Cubans, to certain Nicaraguans, Cubans, Guatemalans, Salvadorans,Guatemalans, Salvadorans, and nationals 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~~The Haitian Refugee Haitian Refugee Immigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowingImmigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowing certain Haitian 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 CRSarchived CRS Report RS21349, Report RS21349, U.S. ~~Im m igration~~Immigration Policy on Haitian Migrants.
32 34 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country - 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~~35 The White House (President White House (President ~~T rump~~Trump), Office of the Press Secretary, “Extending the Wind-Down Period for Deferred ), 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; Security, March 30, 2020; ~~T he~~The White House (President White House (President ~~T rump~~Trump), Office of the Press Secretary, “), Office of the Press Secretary, “ Extension of Deferred 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, 2019Security, March 28, 2019~~. T he~~; and The White House (President White House (President ~~T rump~~Trump), Office of the Press Secretary, “), Office of the Press Secretary, “ Expiration of Deferred 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.~~
~~34 T his number is lower than what was reported in prior versions of this report due to the fact that USCIS recently~~
~~provided data on individuals with T PS only, while prior data releases included individuals with both T PS and a~~
~~permanent status (i.e., LPR status or citizenship).~~
~~35 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~~
~~DHS. See the “ Haiti” section below for more details.~~
~~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 Federal
~~Congressional Research Service~~

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~~link to page 9 link to page 9 link to page 9 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10~~ ~~Temporary Protected Status and Deferred Enforced Departure~~

~~The Trump Administration terminated TPS for six countries (~~Security, March 27, 2018. 36 The White House (President Trump), Office of the Press Secretary, “Deferred Enforced Departure for Certain Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 19, 2021. 37 The White House (President Biden), Office of the Press Secretary, “Reinstating Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 20, 2021. 38 The 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 Homeland Security, August 5, 2021. Congressional Research Service 5 link to page 11 link to page 11 link to page 17 link to page 18 link to page 23 link to page 12 Temporary Protected Status and Deferred Enforced Departure Current TPS and DED Designations Fifteen countries are currently designated for TPS and three countries are covered by a grant of DED. As of February 16, 2022, approximately 354,625 foreign nationals from the following 12 countries who were living in the United States were protected by TPS: Burma, El Salvador, Haiti, Honduras, Nepal, El Salvador, Haiti, Honduras, Nepal,
~~Nicaragua, and Sudan). Several lawsuits were filed chal enging the terminations; as a result, the~~
~~terminations have not yet taken effect.37~~Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen. In addition, in March and April 2022, the Biden Administration announced three new, 18-month TPS designations for Ukraine, Afghanistan, and Cameroon. DHS estimates that 59,600 Ukrainian nationals, 74,500 Afghan nationals, and 11,700 Cameroonian nationals could be eligible to apply under these designations.39
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 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~~
~~New designation~~
~~March 11, 2021~~
~~November 25, 2022~~
~~N/Ad~~
~~El Salvador~~
Termination*
~~February 13, 2001~~
~~September 9, 2019~~
~~198,420~~
~~Haiti (2010)~~
Termination*
~~January 12, 2011~~
~~July 22, 2019~~
~~40,865~~
~~Haiti (2021)~~
~~New designation~~
~~May 21, 2021~~
~~November, 2022e~~
~~N/Ad~~
~~Honduras~~
Termination*
~~December 30, 1998~~
~~January 5, 2020~~
~~60,350~~
~~Nepal~~
Termination*
~~June 24, 2015~~
~~June 24, 2019~~
~~10,160~~
~~Nicaragua~~
Termination*
~~December 30, 1998~~
~~January 5, 2019~~
~~3,200~~
~~Somalia~~
~~Extension and~~
~~July 19, 2021~~
~~March 17, 2023~~
~~385~~
~~redesignation~~
~~South Sudan~~
~~Extension~~
~~January 25, 2016~~
~~May 2, 2022~~
80
~~Sudan~~
Termination*
~~January 9, 2013~~
~~November 2, 2018~~
~~550~~
~~Syria~~
~~Extension and~~
~~March 19, 2021~~
~~September 30, 2022~~
~~3,945~~
~~redesignation~~
~~Venezuela~~
~~New designation~~
~~March 8, 2021~~
~~September 9, 2022~~
~~N/Ad~~
~~Yemen~~
~~Extension and~~
~~July 5, 2021~~
~~March 3, 2023~~
~~1,385~~
~~redesignation~~
~~Total~~

~~319,465~~
Sources: CRS compilation of information from Federal Register announcements or press releases; numbers
~~provided to CRS by USCIS.~~
~~Note: *Due to legal chal enges, the termination has not yet taken effect. Numbers~~ February 16, 2022.40 In addition to the countries designated for TPS, certain nationals from Liberia and Venezuela are covered by DED, as are certain Hong Kong residents currently present in the United States (see the “Hong Kong,” “Liberia,” and “Venezuela” sections). Table 2 shows the dates associated with these grants. Individuals covered by DED are not required to register for the status with USCIS unless they are applying for work authorization. As a result, USCIS does not maintain data on the total population covered by DED. 39 The estimate for Ukraine comes from U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Ukraine for Temporary Protected Status,” 8 Federal Register 23211-23218, April 19, 2022. The estimate for Afghanistan comes from DHS email to CRS on March 17, 2022. The estimate for Cameroon comes from U.S. Department of Homeland Security, “Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 months,” press release, April 15, 2022. 40 Prior USCIS data on TPS recipients included some individuals who also had LPR status and some who had become naturalized U.S. citizens. USCIS now provides data on TPS recipients who do not have LPR status or U.S. citizenship. Thus, the numbers used in this report may be lower than those in prior versions of this report and more accurately reflect those who rely on TPS to remain in the United States. Congressional Research Service 6 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 Temporary Protected Status and Deferred Enforced Departure Table 1. Countries Currently Designated for TPS Most Recent Required Arrival Expiration Approved Country Decision Datea Dateb Individualsc Afghanistan New designation March 15, 2022 September 2023d N/Ae Burma New designation March 11, 2021 November 25, 2022 380 Cameroon New designation April 14, 2022 October, 2023d N/Ae El Salvador Termination* February 13, 2001 September 9, 2019 193,940 Haiti (2010) Termination* January 12, 2011 July 22, 2019 39,650f Haiti (2021) New designation July 29, 2021 February 3, 2023 3,240f Honduras Termination* December 30, 1998 January 5, 2020 58,625 Nepal Termination* June 24, 2015 June 24, 2019 9,355 Nicaragua Termination* December 30, 1998 January 5, 2019 3,130 Somalia Extension and July 19, 2021 March 17, 2023 370 redesignation South Sudan Extension and March 1, 2022 November 3, 2023 75 redesignation Sudan (1997) Termination* January 9, 2013 November 2, 2018 535 Sudan (2022) New designation March 1, 2022 October 19, 2023 N/Ae Syria Extension and March 19, 2021 September 30, 2022 3,910 redesignation Ukraine New designation April 11, 2022 October 19, 2023 N/Ae Venezuela New designation March 8, 2021 September 9, 2022 40,400 Yemen Extension and July 5, 2021 March 3, 2023 1,335 redesignation Total 354,625 Sources: CRS compilation of information from Federal Register announcements or press releases; numbers provided to CRS by USCIS. Note: *Due to legal challenges, these terminations have not yet taken effect. Numbers are rounded to the nearest 5 by USCIS and may not sum to total due to may not sum to total due to
rounding. rounding.
a. The arrival date representsa. The arrival date represents the date from which individuals are requiredthe date from which individuals are required to have continuously resided in the to have continuously resided in the
United States in order to qualify for TPS and is indicated in the most recent TPS designation United States in order to qualify for TPS and is indicated in the most recent TPS designation for that for that
country. Unless a country is country. Unless a country is ~~re-designated~~redesignated for TPS, the required arrival 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 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 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 application as of February 16, 2022, 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 all nationals from the specified countries who are in the United States and are eligible for the status. d. The exact date wil be announced in the forthcoming Federal Register notice. e. Because the application period just began, data are not yet available. f. 615 Haitians have approved TPS petitions under both the 2010 and 2021 Haiti designations and are included in both rows. The “Total” row in this table does not count approved individuals more than once. Congressional Research Service 7 link to page 12 link to page 12 Temporary Protected Status and Deferred Enforced Departure 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 October 1, 2002 June 30, 2022 Venezuela January 20, 2021 July 20, 2022 Source: CRS compilation of information from Federal Register announcements and White House press releases. a. The arrival date represents the date from which individuals are required to have continuously resided in the United States in order to qualify for DED. b. The expiration date represents the end of the most recent DED grant~~date does not change. A foreign~~

Register 13574-13581, March 9, 2021; U.S. Citizenship and Immigration Services, “ Designation of Burma (Myanmar)
~~for T emporary Protected Status,” 86 Federal Register 28132-28137, May 25, 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 potential TPS beneficiaries are typically based on a variety of sources, including Census~~
~~data on the foreign-born population, DHS encounters and admissions data, and asylum application data.~~
~~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~~
~~naturalized U.S. citizens. USCIS recently published data on T PS recipients who do not have LPR status or U.S.~~
~~citizenship. T hus, the numbers used in this report are lower than those in prior versions of this report and more~~
~~accurately reflect those who rely on T PS to remain in the United States.~~
~~Congressional Research Service~~

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~~link to page 14 link to page 15 link to page 19 link to page 10 link to page 10 link to page 10~~ ~~Temporary Protected Status and Deferred Enforced Departure~~

~~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.~~
~~b. The expiration date represents the end of the most recent designation period and is subject to change~~
and is subject to change based on ~~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~~
~~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~~
~~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.~~
~~e. Haiti’s most recent designation is for 18 months; the precise expiration date wil be printed in a forthcoming~~
Federal Register notice.
~~In addition to the countries designated for TPS, certain nationals from Liberia and Venezuela are~~
~~covered by DED, as are certain Hong Kong residents currently present in the United States (see~~
~~the “Hong Kong,” “Liberia,” and “Venezuela” sections). Table 2 shows the dates associated with~~
~~these grants. Individuals covered by DED are not required to register for the status with USCIS~~
~~unless they are applying for work authorization. As a result, USCIS does not maintain data on the~~
~~total population covered by DED.~~
~~Table 2. Countries/Regions Currently Under a DED Grant~~
~~Country/Region~~
~~Required Arrival Datea~~
~~Expiration Dateb~~
~~Hong Kong~~
~~August 5, 2021~~
~~February 5, 2023~~
~~Liberia~~
~~October 1, 2002~~
~~June 30, 2022~~
~~Venezuela~~
~~January 20, 2021~~
~~July 20, 2022~~
Source: CRS compilation of information from Federal Register announcements and White House press releases.
~~a. The arrival date represents the date from which individuals are required to have continuously resided in the~~
~~United States in order to qualify for DED.~~
~~b. The expiration date represents the end of the most recent DED grant and is subject to change based on~~
~~future decisions of the President.~~
~~Countries~~
~~Burma~~
~~On February 1, 2021, Burma’s military seized control of Burma’s Union Government and~~
~~detained State Counselor Aung San Suu Kyi (the country’s de facto civilian leader) and members~~
~~of her political party. The military’s action was widely condemned international y as a blow to~~
~~Burma’s partial transition from military rule to democracy.39~~future decisions of the President. Countries Afghanistan Tens of thousands of Afghans were evacuated and relocated to the United States in the summer of 2021 as a result of the U.S. military withdrawal from Afghanistan.41 These Afghan nationals included persons who had assisted the United States during its two-decade military presence and economic development efforts in Afghanistan. Most Afghan evacuees who were allowed to enter the United States were granted immigration parole. Parolees are permitted to remain in the United States for the duration of the grant of parole and may obtain work authorization.42 These benefits are temporary; parole does not provide a recipient with a designated pathway to LPR status. Most Afghan evacuees were granted parole for two years,43 though some were reportedly granted parole for one year.44 On March 15, 2022, DHS Secretary Mayorkas announced the designation of Afghanistan for TPS for a period of 18 months.45 The designation is based on ongoing armed conflict “as the Taliban seeks to impose control in all areas of the country and Islamic State-Khorasan (IS-K) conducts attacks against civilians.”46 The DHS press release also references the “extraordinary and temporary” conditions that prevent Afghans from being able to safely return to Afghanistan: “collapsing public sector, a worsening economic crisis, drought, food and water insecurity, lack of access to healthcare, internal displacement, human rights abuses and repression by the Taliban, destruction of infrastructure, and increasing criminality.”47 According to DHS, the TPS designation will allow some 74,500 Afghans who were residing in the United States as of March 15, 2022, to remain and work legally through September 2023.48 41 For more information, see CRS Report R46879, U.S. Military Withdrawal and Taliban Takeover in Afghanistan: Frequently Asked Questions. 42 For more information, see CRS Report R46570, Immigration Parole. 43 U.S. Department of Homeland Security, “Fact Sheet on Operation Allies Welcome,” November 5, 2021. Available at https://www.dhs.gov/sites/default/files/publications/21_1110-opa-dhs-resettlement-of-at-risk-afghans.pdf. 44 Rebecca Beitsch, “DHS gives temporary protected status to Afghans in US,” The Hill, March 16, 2022. 45 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Afghanistan for Temporary Protected Status,” press release, March 16, 2022. 46 Ibid. 47 Ibid. 48 Email to CRS from DHS, March 17, 2022. Congressional Research Service 8 Temporary Protected Status and Deferred Enforced Departure Burma On February 1, 2021, Burma’s military seized control of Burma’s Union Government and detained State Counselor Aung San Suu Kyi (the country’s de facto civilian leader) and members of her political party. The military’s action was widely condemned internationally as a blow to Burma’s partial transition from military rule to democracy.49 In subsequent weeks, the military 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.”many parts of the country.”4050 The press release also noted, “The coup has led to continuing 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

~~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~~
~~release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-~~
~~protected-status.~~
~~Congressional Research Service~~

7

~~Temporary Protected Status and Deferred Enforced Departure~~

~~intimidation of the people of Burma. The coup has worsened humanitarian conditions in several~~
~~areas by limiting access to life-saving assistance, disrupting flights carrying humanitarian and~~
~~medical aid, and spurring an economic crisis.”41~~
~~Burma’s designation is for 18 months. Burmese nationals who can demonstrate that they were~~
~~present in the United States as of March 11, 2021 are eligible. DHS estimates that 1,600~~
~~individuals may be eligible under this designation.42~~
~~Central American Countries~~
~~The only time Congress has granted TPS was in 1990 (as part of P.L. 101-649, the law~~
~~establishing TPS) to eligible Salvadoran nationals in the United States.43~~intimidation of the people of Burma. The coup has worsened humanitarian conditions in several areas by limiting access to life-saving assistance, disrupting flights carrying humanitarian and medical aid, and spurring an economic crisis.”51 Burma’s designation is for 18 months. Burmese nationals who can demonstrate that they were present in the United States as of March 11, 2021 are eligible. DHS estimates that 1,600 individuals may be eligible under this designation.52 Cameroon Cameroon faces security crises on several fronts.53 Boko Haram, an armed Islamist group that originated in neighboring Nigeria, began operating more openly in northern Cameroon around 2013, and attacks by Boko Haram and an Islamic State-affiliated offshoot, the Islamic State West Africa Province (IS-WA, which split from Boko Haram in 2016), persist. In the west, a conflict between Anglophone separatists and state security forces that began in 2017 has led to several thousand civilian deaths and included widespread human rights abuses. As of March 2022, roughly 1 million Cameroonians were displaced due to the conflicts in the north and west. Human rights organizations have raised concerns over the safety of Cameroonians removed from the United States, amid allegations that some of those returned to Cameroon from the United States faced arbitrary arrest and detention, torture, rape, and other abuses by Cameroonian authorities.54 In both 2020 and 2021, several Members signed letters urging the Trump Administration to halt the planned removal of Cameroonian asylum-seekers; since 2021, several Members have requested that President Biden grant TPS or DED for Cameroon. 49 CRS Insight IN11594, Coup in Burma (Myanmar): Issues for U.S. Policy. 50 Department of Homeland Security, “Secretary Mayorkas Designates Burma for Temporary Protected Status,” press release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-protected-status. 51 Ibid. 52 U.S. Citizenship and Immigration Services, “Designation of Burma (Myanmar) for Temporary Protected Status,” 86 Federal Register 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, “U.S. grants Myanmar nationals relief from deportation after military coup,” Reuters, March 12, 2021; Joe Walsh, “Biden Offers Deportation Relief To Myanmar Nationals Amid Coup Chaos,” Forbes, March 12, 2021. 53 This paragraph is based on CRS Report R46919, Cameroon: Key Issues and U.S. Policy. 54 Human Rights Watch, “‘How Can You Throw Us Back?’: Asylum Seekers Abused in the US and Deported to Harm in Cameroon,” February 10, 2022. Congressional Research Service 9 Temporary Protected Status and Deferred Enforced Departure On April 15, 2022, DHS Secretary Mayorkas announced that he was designating Cameroon for TPS based on armed conflict and extraordinary conditions that prevent its nationals from returning to Cameroon safely. The announcement cited “the extreme violence between government forces and armed separatists and a significant rise in attacks from Boko Haram,” as well as the widespread destruction of civilian infrastructure, which “have led to economic instability, food insecurity, and several hundred thousand displaced Cameroonians without access to schools, hospitals, and other critical services.”55 The 18-month designation covers nationals of Cameroon who were residing in the United States as of April 14, 2022. DHS estimates that 11,700 will be eligible to file applications for TPS under the designation of Cameroon. Central American Countries The only time Congress has granted TPS was in 1990 (as part of P.L. 101-649, the law establishing TPS) to eligible Salvadoran nationals in the United States.56 In the aftermath of 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~~ living conditions” caused by Hurricane Mitch.conditions” caused by Hurricane Mitch.4457 Prior to leaving office in January 2001, President Prior to leaving office in January 2001, President
ClintonClinton said that his Administration would temporarily suspend deportations to El Salvador 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.Salvadoran nationals following two earthquakes that rocked the country.45
58 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 for Central Americans from El Salvador, Honduras, and Nicaragua on the rationale that it was ~~stil~~
still 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 Beginning in late 2017, the Trump Administration announced decisions to terminate TPS for in late 2017, the Trump Administration announced decisions to terminate TPS for
Nicaragua and El Salvador and to put on hold a decision about Honduras. In November 2017, Nicaragua and El Salvador and to put on hold a decision about Honduras. In November 2017,
DHS announced that TPS for Nicaragua would end on January 5, 2019—12 months after its last DHS announced that TPS for Nicaragua would end on January 5, 2019—12 months after its last
designation would have expired—due to “recovery efforts relating to Hurricane Mitch [that] have designation would have expired—due to “recovery efforts relating to Hurricane Mitch [that] have
largely been completed.”largely been completed.”4659 On the same day, DHS announced that more information was On the same day, DHS announced that more information was
necessary to make a determination about TPS for Honduras; as a result, statute dictates that its necessary to make a determination about TPS for Honduras; as a result, statute dictates that its
status be extended for six months.status be extended for six months.4760 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 allow for an 55 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 months,” press release, April 15, 2022. 56 For historical analysis, see archived CRS ~~On May 4, 2018, DHS announced its decision to terminate~~

~~41 Ibid.~~
~~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
~~Myanmar As Coup Leaders Crack Down,” National Public Radio, March 12, 2021; Simon Lewis and Humeyra Pamuk,~~
~~“U.S. grants Myanmar nationals relief from deportation after military coup,” Reuters, March 12, 2021; Joe Walsh,~~
~~“Biden Offers Deportation Relief T o Myanmar Nationals Amid Coup Chaos,” Forbes, March 12, 2021.~~
~~43 For historical analysis, see archived CRS~~ Report IB87205, Report IB87205, Immigration Status of Salvadorans and Nicaraguans
(available to congressional clients upon request). (available to congressional clients upon request).
4457 U.S. U.S. Department of Justice, Immigration and Naturalization Service, “Department of Justice, Immigration and Naturalization Service, “~~T he~~The Designation of Honduras Under Designation of Honduras Under
~~T emporary~~Temporary Protected Status,” 64 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, “and Naturalization Service, “~~T he~~The Designation of Nicaragua Under Designation of Nicaragua Under ~~T emporary~~Temporary Protected Status,” 64 Protected Status,” 64 Federal Register
526-528, January 5, 1999. 526-528, January 5, 1999.
45 58 U.S. U.S. Department of Justice Immigration and Naturalization Service, “Department of Justice Immigration and Naturalization Service, “~~T he~~The Designation of El Salvador Under Designation of El Salvador Under
~~T emporary~~Temporary Protected Status,” 66 Protected Status,” 66 Federal Register 14214-14216, March 9, 2001. 14214-14216, March 9, 2001.
4659 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Department of Homeland Security, U.S. Citizenship and Immigration Services, “~~T ermination~~Termination of the Designation of the Designation
of Nicaraguaof Nicaragua ~~for T emporary~~ for Temporary Protected Status,” 82 Protected Status,” 82 Federal Register 59636-59642, December 15, 2017. 59636-59642, December 15, 2017.
4760 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Hondurasof Honduras ~~for T emporary~~ for Temporary Protected Status,”82 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~~
Departure orderly transition.orderly transition.4861 The terminations for Nicaragua and Honduras are on hold due to a legal The terminations for Nicaragua and Honduras are on hold due to a legal
~~chal enge.49~~challenge.62
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 nationals account for about 6055% of % of al all current TPS recipients—after an 18-month transition current TPS recipients—after an 18-month transition
period. El Salvador’s TPS designation was scheduled to end on September 9, 2019,period. El Salvador’s TPS designation was scheduled to end on September 9, 2019,5063 but the but the
termination has not yet taken effect due to a legal termination has not yet taken effect due to a legal ~~chal enge.51~~challenge.64 DHS announced in October 2019— 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 validityextend the validity of work permits through January 4, 2021, for Salvadorans with TPS. of work permits through January 4, 2021, for Salvadorans with TPS. (To To
comply with court orders, DHS has since extended TPS-related documentation through comply with court orders, DHS has since extended TPS-related documentation through ~~October~~
~~4, 2021~~December 31, 2022, for individuals from El Salvador, Nicaragua, Honduras, and other specified countries., for individuals from El Salvador, Nicaragua, Honduras, and other specified countries.~~52)~~65
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.”home country.”5366 These actions do not equate to a TPS extension, as defined in statute. These actions do not equate to a TPS extension, as defined in statute.54
67 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.States to their relatives in Central America.5568 Opponents have argued that ending the TPS 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
On May 22, 2021, Secretary Mayorkas announced a new, 18-month TPS designation for Haiti 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 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 security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of

~~48 U.S.~~ 61 U.S. Department of Homeland Security, “Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
~~T emporary~~Temporary Protected Status for Honduras,” press release, May 4, 2018, https://www.dhs.gov/news/2018/05/04/ 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.
4962 For more information on litigation related to TPS terminations, see CRS For more information on litigation related to TPS terminations, see CRS Legal SidebarLegal Sidebar LSB10541, LSB10541, Ninth Circuit
Decision Allows ~~Term ination of Tem porary~~Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward . .
5063 U.S. U.S. Department of Homeland Security, “Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
~~T emporary~~Temporary Protected Status for El Salvador,” Protected Status for El Salvador,” press release, January 8, 2018, https://www.dhs.gov/news/2018/01/08/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 64 For more information on litigation related to TPS terminations, see CRS For more information on litigation related to TPS terminations, see CRS Legal SidebarLegal Sidebar LSB10541, LSB10541, Ninth Circuit
Decision Allows ~~Term ination of Tem porary~~Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward . .
5265 For more information, see Department of Homeland Security, U.S. For more information, see Department of Homeland Security, U.S. Citizenship and Immigration Citizenship and Immigration ~~Service s~~Services, ,
“Continuation of Documentation for Beneficiaries of “Continuation of Documentation for Beneficiaries of ~~T emporary~~Temporary Protected Status Designations for El Salvador, Haiti, Protected Status Designations for El Salvador, Haiti,
Nicaragua,Nicaragua, Sudan,Sudan, Honduras, and Nepal,” Honduras, and Nepal,” 8586 Federal Register ~~79208-79215, December 9, 2020.~~
~~53 U.S.~~ 50725-50733, September 10, 2021. 66 U.S. Department of Homeland Security, “Department of Homeland Security, “ U.S. and El SalvadorU.S. and El Salvador ~~Sign~~ Sign Arrangements on Security and Information Arrangements on Security and Information
Sharing;Sharing; ~~Give~~ Give Salvadorans with Salvadorans with ~~T PS More T ime~~TPS More Time,” press release, October 28, 2019, https://www.dhs.gov/news/2019/10/,” 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.
5467 See See INA §244(b)(3) (8 U.S.C.INA §244(b)(3) (8 U.S.C. §1254a(b)(3)). §1254a(b)(3)).
5568 For information on country conditions, see CRS For information on country conditions, see CRS Report R43616, Report R43616, El Salvador: Background and U.S. Relations; CRS ; CRS
Report R44560, Report R44560, Nicaragua: In Brief; and CRS; and CRS Report RL34027, Report RL34027, Honduras: Background and U.S. Relations. .
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basic resources, which are exacerbated by the COVID-19 pandemic.” basic resources, which are exacerbated by the COVID-19 pandemic.”5669 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.5770 DHS DHS
estimates that 155,000 Haitians may be eligibleestimates that 155,000 Haitians may be eligible under this designation,under this designation,5871 which includes which includes
~~individuals~~ individuals who are currently covered by the separate TPS designation that began in 2010.who are currently covered by the separate TPS designation that began in 2010.
The 2010 designation was made after the January 12, 2010 earthquake in Haiti prompted The 2010 designation was made after the January 12, 2010 earthquake in Haiti prompted ~~cal s~~calls for 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.5972 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, 2010.6073 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 Haitireturning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.”is part of this Administration’s continuing efforts to support Haiti’s recovery.”6174
On July 13, 2010, DHS announced a six-month extension of the TPS registration period for On July 13, 2010, DHS announced a six-month extension of the TPS registration period for
~~Haitian~~ Haitian nationals, citing difficulties nationals were experiencing in obtaining documents to nationals, citing difficulties nationals were experiencing in obtaining documents to
establish identity and nationality, and in gathering funds required to apply for TPS.establish identity and nationality, and in gathering funds required to apply for TPS.62
75 DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS, DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,
through January 22, 2013.through January 22, 2013.6376 At the same time, DHS issued a redesignation, enabling eligible At the same time, DHS issued a redesignation, enabling eligible
HaitianHaitian nationals who had arrived in the United States up to one year after the earthquake to nationals who had arrived in the United States up to one year after the earthquake to
receive TPS. The redesignation targeted individuals who were receive TPS. The redesignation targeted individuals who were ~~al owed~~allowed to enter the United States to enter the United States
immediately after the earthquake on temporary visas or humanitarian parole,immediately after the earthquake on temporary visas or humanitarian parole,6477 but were not but were not

56 69 Department of Homeland Security, “Secretary Mayorkas Designates Haiti for Department of Homeland Security, “Secretary Mayorkas Designates Haiti for ~~T emporary~~Temporary Protected Status for 18 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. For further information on temporary-protected-status-18-months. For further information on ~~count ry~~country conditions, see the “ conditions, see the “ Haiti” section in CRS Haiti” section in CRS
Report R46781, Report R46781, Latin ~~Am erica~~America and the Caribbean: U.S. Policy and Key Issues in the 117th Congress, coordinated by , coordinated by
Mark P. Sullivan. Mark P. Sullivan.
5770 Senate Foreign Relations Committee, “Menendez, Rubio Urge Biden Senate Foreign Relations Committee, “Menendez, Rubio Urge Biden Administration to Re-designate Haiti for Administration to Re-designate Haiti for ~~T PS~~TPS,” ,”
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.
58 71 United States Citizenship and Immigration Services, “Designation of Haiti for United States Citizenship and Immigration Services, “Designation of Haiti for ~~T emporary~~Temporary Protected Status,” 86 Protected Status,” 86
Federal Register 41863-41871, August 3, 2021. 41863-41871, August 3, 2021.
~~59 T he~~72 The issue of Haitian issue of Haitian ~~T PS~~TPS had arisen several times prior, most notably after the U.S. Ambassador had arisen several times prior, most notably after the U.S. Ambassador ~~declared~~ declared Haiti a Haiti a
disaster in September 2004 due to the magnitude of the effects of disaster in September 2004 due to the magnitude of the effects of ~~T ropical~~Tropical Storm Jeanne. A series of tropical Storm Jeanne. A series of tropical ~~c yclones~~cyclones
in 2008 resulted in hundredsin 2008 resulted in hundreds of deaths and led some to label the city of Gonaives uninhabitable. of deaths and led some to label the city of Gonaives uninhabitable. ~~T he~~The George W. Bush George W. Bush
Administration did not grant Administration did not grant ~~T PS~~TPS or another form of blanket relief to Haitians, nor was legislation enacted that would or another form of blanket relief to Haitians, nor was legislation enacted that would
have provided have provided ~~T PS~~TPS to Haitians, such as H.R. 522 in the 110th Congress. For background to Haitians, such as H.R. 522 in the 110th Congress. For background information on Haitian information on Haitian
migration to the United States, see archived CRSmigration to the United States, see archived CRS Report RS21349, Report RS21349, U.S. ~~Im m igration~~Immigration Policy on Haitian Migrants. .
60 73 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for
~~T emporary~~Temporary Protected Status,” 75 Protected Status,” 75 Federal Register 3476-3479, January 21, 2010. 3476-3479, January 21, 2010.
6174 U.S. U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15, Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15,
2010. 2010.
6275 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the InitialDepartment of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial
Registration Period for Haitians underRegistration Period for Haitians under ~~the T emporary~~ the Temporary Protected Status Program,” 75 Protected Status Program,” 75 Federal Register 39957, July 13, 39957, July 13,
2010. 2010.
6376 U.S. U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of Department of Homeland Security, “Secretary Napolitano Announces Extension of ~~T emporary~~Temporary Protected Status Protected Status
for Haitian Beneficiaries,” press release, May 17, 2011. for Haitian Beneficiaries,” press release, May 17, 2011.
6477 Parole allows Parole allows an individual,an individual, who may be inadmissiblewho may be inadmissible or otherwise ineligibleor otherwise ineligible for admission into the United States, to 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.be granted authorization to enter the United State for a temporary period. INA §212(d)(5) (8 U.S.C. §1182(d)(5)). For §1182(d)(5)). For
more information, see CRSmore information, see CRS Report R46570, Report R46570, ~~Im m igration~~Immigration Parole. .
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covered by the initial covered by the initial TPS designation.TPS designation.6578 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, 2017.66
79 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 John ~~Kel y~~Kelly urged another 18-month extension of TPS for Haiti, citing continued recovery urged another 18-month extension of TPS for Haiti, citing continued recovery
difficulties from the 2010 earthquake that difficulties from the 2010 earthquake that ~~kil ed~~killed over 300,000 people, an ongoing cholera over 300,000 people, an ongoing cholera
epidemic, and additional damages from Hurricane Matthew in 2016.epidemic, and additional damages from Hurricane Matthew in 2016.6780 On May 24, 2017, On May 24, 2017, ~~Kel y~~Kelly
extended Haiti’s TPS designation for six months (the minimum extended Haiti’s TPS designation for six months (the minimum ~~al owed~~allowed by statute), from its 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.6881 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.6982 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, 2019,7083 but the termination has not yet taken effect but the termination has not yet taken effect
due to legaldue to legal ~~chal enges.71~~ challenges.84 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.
Hong Kong
Following large-scale protests in 2019, China imposed a sweeping National Security Law on 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 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 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 unchanged until at least 2047 and in which China promised to give Hong Kong a “high degree of
autonomy.”autonomy.”7285 In February 2021, after Hong Kong authorities charged pro-democracy politicians 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 and activists with subversion under the new law, U.S. Secretary of State Antony Blinken ~~cal ed~~called
for their immediate release, tweeting, “Political participation and freedom of expression should for their immediate release, tweeting, “Political participation and freedom of expression should
not be crimes.”not be crimes.”7386 On August 5, 2021, President Biden granted DED to certain Hong Kong 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 residents currently in the United States citing the “significant erosion” of human rights and
fundamental freedoms.fundamental freedoms.7487 Under this directive, eligible Under this directive, eligible individuals may apply to DHS for work 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.~~ 78 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and ReDepartment of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Re -designation -designation
of Haiti for of Haiti for ~~T emporary~~Temporary Protected Status,” 76 Protected Status,” 76 Federal Register 29000-29004, May 19, 2011. 29000-29004, May 19, 2011.
66 79 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for of Haiti for ~~T emporary~~Temporary Protected Status,” 80 Protected Status,” 80 Federal Register 51582-51588, August 25, 2015. 51582-51588, August 25, 2015.
6780 For conditions following Hurricane Matthew, see CRS For conditions following Hurricane Matthew, see CRS In FocusIn Focus IF10502, IF10502, Haiti: Cholera, the United Nations, and
Hurricane Matthew. .
6881 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for of Haiti for ~~T emporary~~Temporary Protected Status,” 82 Protected Status,” 82 Federal Register 23830-23837, May 24, 2017. 23830-23837, May 24, 2017.
6982 Letter from Paul G. Altidor, Ambassador Letter from Paul G. Altidor, Ambassador to the United States from Haiti, to Elaine C. Duke, Acting Secretary of the 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.
7083 U.S. U.S. Department of Homeland Security, “Department of Homeland Security, “ Acting Secretary Elaine Duke Announcement On Acting Secretary Elaine Duke Announcement On ~~T emporary~~Temporary Protected 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-announcementduke-announcement -temporary-protected-status-haiti. -temporary-protected-status-haiti.
71 84 For more information on litigation related to TPS terminations, see CRS For more information on litigation related to TPS terminations, see CRS Legal SidebarLegal Sidebar LSB10541, LSB10541, Ninth Circuit
Decision Allows ~~Term ination of Tem porary~~Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go ~~Forw ard~~.
~~72 CRS In Focus~~ Forward. 85 See CRS In Focus IF10119, IF10119, China Primer: U.S.-China Relations. .
7386 Ibid. 87 The ~~Ibid.~~
~~74 T he~~ White House (President Biden), Office of the Press Secretary, “Memorandum on the Deferred Enforced White House (President Biden), Office of the Press Secretary, “Memorandum on the Deferred Enforced
Departure for Certain Hong Kong Residents,”Departure for Certain Hong Kong Residents,” presidential memorandum for the Secretary of State andpresidential memorandum for the Secretary of State and the Secretary of the Secretary of
Homeland Security, August 5, 2021. Congressional Research Service Congressional Research Service

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Temporary Protected Status and Deferred Enforced Departure authorization and are not subject to removal from the United States for the next 18 months. DHS estimated that the Hong Kong population eligible for DED was 3,860 in March 2021.88~~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.war. Although that war ended, a second civil war began in 1999 and escalated in 2000.7589 In 1999, In 1999,
President Clinton authorized DED for an estimated 10,000 Liberians in the United States after President Clinton authorized DED for an estimated 10,000 Liberians in the United States after
their TPS designation expired. DED was subsequently extended by President Clinton and their TPS designation expired. DED was subsequently extended by President Clinton and
President George W. Bush to September 29, 2002. On October 1, 2002, Liberia was designated President George W. Bush to September 29, 2002. On October 1, 2002, Liberia was designated
again for TPS due to ongoing armed conflict.again for TPS due to ongoing armed conflict.7690 In 2006, the George W. Bush Administration In 2006, the George W. Bush Administration
announced that TPS for Liberia would expire on October 1, 2007, but that covered Liberians announced that TPS for Liberia would expire on October 1, 2007, but that covered Liberians
would be eligiblewould be eligible for DED until March 31, 2009. On March 23, 2009, President Obama extended for DED until March 31, 2009. On March 23, 2009, President Obama extended
DED for those Liberians until March 31, 2010, and several times thereafter.DED for those Liberians until March 31, 2010, and several times thereafter.77
91 As a result of the 2014-2016 Ebola outbreak in West Africa, eligible As a result of the 2014-2016 Ebola outbreak in West Africa, eligible Liberians were again granted Liberians were again granted
TPS, as were eligible Sierra Leoneans and Guineans.TPS, as were eligible Sierra Leoneans and Guineans.7892 On September 26, 2016, DHS issued a 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.”… to apply for other immigration benefits for which they are eligible.”7993 Similar termination Similar termination
notices were issued for Sierra Leone and Guinea. notices were issued for Sierra Leone and Guinea.
For a For a ~~special y~~specially designated population of Liberians who had been residing in the United States 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,
2018.2018.8094 President Trump announced on March 27, 2018, that extending DED again for these 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.policy interests warranted a 12-month wind-down period.8195 A lawsuit A lawsuit ~~chal enging the termination~~
~~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—~~

~~Homeland Security, August 5, 2021.~~
~~75 See archived CRS~~ challenging the termination 88 Email to CRS from USCIS, January 7, 2022. 89 See archived CRS Report RL32243, Report RL32243, Liberia: Transition to Peace. .
7690 U.S. U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the ~~T emporary~~Temporary
Protected Status Program,” 67Protected Status Program,” 67 Federal Register 61664-61667, October 1, 2002. 61664-61667, October 1, 2002.
7791 See, See, for example, U.S. Department of Homeland Security, U.S.for example, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Filing 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; 15715, March 30, 2010; ~~T he~~The White House (President Obama), 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, 2016of Homeland Security, September 28, 2016 .
78. 92 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Department of Homeland Security, U.S. Citizenship and Immigration Services, “~~Designat ion~~Designation of Liberia for of Liberia for
~~T emporary~~Temporary Protected Status,” 79 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.Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial Registration Period for Citizenship and Immigration Services, “Extension of the Initial Registration Period for
Guinea,Guinea, Liberia and SierraLiberia and Sierra Leone for Leone for ~~T emporary~~Temporary Protected Status,” 80 Protected Status,” 80 Federal Register, ~~Num ber~~Number 122, 36551-36552,
June 25, 2015. June 25, 2015.
7993 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “SixDepartment of Homeland Security, U.S. Citizenship and Immigration Services, “Six -Month Extension of -Month Extension of
~~T emporary~~Temporary Protected Status Benefits for Orderly Protected Status Benefits for Orderly ~~T ransition Before T ermination~~Transition Before Termination of Liberia’s Designation for of Liberia’s Designation for
~~T emporary~~Temporary Protected Status,” 81 Protected Status,” 81 Federal Register 66059-66064, September 26, 2016. 66059-66064, September 26, 2016.
~~80 T he~~94 The White House (President Obama), Office of the Press Secretary, “Deferred Enforced Departure for Liberians,” 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~~ 95 The White House (President White House (President ~~T rump~~Trump), Office of the Press Secretary, “Expiration of Deferred Enforced Departure for ), 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).~~
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Departure was filed in federal court on March 8, 2019.96 Three days before the effective termination date, President Trump—citing congressional efforts to provide longer-term relief for Liberians—announced a 12-month extension of the wind-down period, to last through March 30, 2020.announced a 12-month extension of the wind-down period, to last through March 30, 2020.8397 On 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). (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~~
~~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 On January 20, 2021, his first day in office, President Biden reinstated DED for Liberians
who had been covered by the prior DED grant.who had been covered by the prior DED grant.8698 The current DED grant is for 18 months. 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 the FY2020 National Defense Authorization Act (NDAA). LRIF ~~al ows~~allows Liberians who have been 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).(P.L. 116-92, Section 7611).8799 The deadline for submitting LRIF applications was December 20, 2021.
Nepal
Nepal was devastated by a massive earthquake on April 25, 2015, Nepal was devastated by a massive earthquake on April 25, 2015, ~~kil ing~~killing over 8,000 people. The 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 many areas. Over half a ~~mil ion~~ million homes were reportedly destroyed.homes were reportedly destroyed.88100 On June 24, 2015, citing a 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 Jeh Johnson designated Nepal for TPS for an 18-month period.Secretary Jeh Johnson designated Nepal for TPS for an 18-month period.89101 TPS for Nepal was TPS for Nepal was
extended for 18 months in October 2016.extended for 18 months in October 2016.90102 On April 26, 2018, then-Secretary Kirstjen Nielsen On April 26, 2018, then-Secretary Kirstjen Nielsen
announced her decision to terminate the TPS designation for Nepal, citing her assessment that the announced her decision to terminate the TPS designation for Nepal, citing her assessment that the
original conditions under which the country was designated were no longer substantial and that original conditions under which the country was designated were no longer substantial and that
Nepal could adequately handle the return of its nationals.Nepal could adequately handle the return of its nationals.91103 A 12-month delay of the termination A 12-month delay of the termination
date to date to ~~al ow~~allow for an orderly transition was also announced; the TPS designation for Nepal was for an orderly transition was also announced; the TPS designation for Nepal was

~~83 T he White House (President T rump~~ 96 Complaint, African Cmtys. Together v. Trump, No. 1:19-cv-10432 (D. Mass. Mar. 8, 2019). 97 The White House (President Trump), Office of the Press Secretary, “Extension of Deferred Enforced Departure for ), 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, 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.~~
~~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~~
~~Enforced Departure (DED) for Liberians,” USCIS stated that t he total number of Liberians currently covered by DED~~
~~is, at most, 2,800. T his number is based on the number of individuals who were eligible for the T PS designation that~~
~~ended on September 30, 2007 minus those who have since adjusted to LP R status.~~
~~86 T he~~98 The White House (President Biden), Office of the Press Secretary, “Reinstating Deferred Enforced Departure for 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 99 Section 901 of the Consolidated Appropriations Act, 2021 (P.L. 116-260) extended by one year the deadline Section 901 of the Consolidated Appropriations Act, 2021 (P.L. 116-260) extended by one year the deadline to apply to apply
for LRIF (to December 20, 2021). for LRIF (to December 20, 2021).
~~88 See CRS~~ 100 See CRS Report R44303, Report R44303, Nepal: Political Developments and U.S. Relations. For information on more recent country . For information on more recent country
conditions, see CRSconditions, see CRS In FocusIn Focus IF10216, IF10216, Nepal. .
89 101 U.S. U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for ~~T emporary~~Temporary
Protected Status,” 80 Protected Status,” 80 Federal Register 36346-36350, June 24, 2015. 36346-36350, June 24, 2015.
90102 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services,Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation “Extensions of the Designation
of Nepal for of Nepal for ~~T emporary~~Temporary Protected Status,” 81 Protected Status,” 81 Federal Register 74470-74475, October 26, 2016.74470-74475, October 26, 2016.
91 103 U.S. U.S. Department of Homeland Security, “Department of Homeland Security, “ Secretary Kirstjen M. Nielsen Announcement on Secretary Kirstjen M. Nielsen Announcement on ~~T emporary~~Temporary Protected 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-
announcementannouncement -temporary-protected-status-nepal. -temporary-protected-status-nepal.
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thus set to terminate on June 24, 2019. thus set to terminate on June 24, 2019.92104 The termination has not yet taken effect due to a legal The termination has not yet taken effect due to a legal
~~chal enge.93~~challenge.105
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. 94106
SomaliaSomalia was first designated for TPS in 1991 based on “extraordinary and temporary conditions 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.”… that prevent aliens who are nationals of Somalia from returning to Somalia in safety.”95107
Through 25 subsequent extensions or redesignations, Somalia has maintained TPS due to Through 25 subsequent extensions or redesignations, Somalia has maintained TPS due to
insecurity and ongoing armed conflict that present serious threats to the safety of returnees. Most insecurity and ongoing armed conflict that present serious threats to the safety of returnees. Most
recently, DHS Secretary Mayorkas extended Somalia’s designation for another 18 months recently, DHS Secretary Mayorkas extended Somalia’s designation for another 18 months
through March 17, 2023; at the same time, he redesignated Somalia, moving the cutoff date through March 17, 2023; at the same time, he redesignated Somalia, moving the cutoff date
forward and thereby forward and thereby ~~al owing~~allowing additional individuals who have been continuously residing in the additional individuals who have been continuously residing in the
United States since July 19, 2021, to apply.United States since July 19, 2021, to apply.96108
Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011. Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.97
109 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 November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 14
15 times.times.
On July 9, 2011, South Sudan became a new nation. On July 9, 2011, South Sudan became a new nation.98110 With South Sudan’s independence from the 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 eligiblebe eligible for TPS. In response, then-Secretary Napolitano designated South Sudan for TPS on for TPS. In response, then-Secretary Napolitano designated South Sudan for TPS on
October 17, 2011.October 17, 2011.99111 TPS has been extended or redesignated TPS has been extended or redesignated ~~seven~~eight times since then due to ongoing 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.”abuses, and a humanitarian disaster on a devastating scale across the country.”~~100~~112 The latest The latest
extension was for 18 months and expires on extension was for 18 months and expires on ~~May 2, 2022.101~~

~~92 Ibid.~~
93November 3, 2023.113 This extension was 104 Ibid. 105 For more information on litigation related to TPS terminations, see CRS For more information on litigation related to TPS terminations, see CRS Legal SidebarLegal Sidebar LSB10541, LSB10541, Ninth Circuit
Decision Allows ~~Term ination of Tem porary~~Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward . .
~~94 See CRS~~ 106 See CRS In FocusIn Focus IF10155, IF10155, Somalia. .
95107 U.S. U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for
~~T emporary~~Temporary Protected Status,” 56 Protected Status,” 56 Federal Register 46804-46805, September 16, 1991. 46804-46805, September 16, 1991.
~~96United~~108 United States Citizenship and Immigration Services, “Extension States Citizenship and Immigration Services, “Extension and Redesignation of Somaliaand Redesignation of Somalia ~~for T emporary~~ for Temporary
Protected Status,” 86Protected Status,” 86 Federal Register 38744-38753, July 22, 2021. 38744-38753, July 22, 2021.
~~97 See CRS~~ 109 See CRS In FocusIn Focus IF10182, IF10182, Sudan. .
~~98 See CRS~~ 110 See CRS In FocusIn Focus IF10218, IF10218, South Sudan. .
99111 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of RepublicDepartment of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of of
South SudanSouth Sudan ~~for T emporary~~ for Temporary Protected Status,” 76 Protected Status,” 76 Federal Register 63629-63635, October 13, 2011. 63629-63635, October 13, 2011.
~~100~~ 112 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South SudanDepartment of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan ~~for~~
~~T emporary~~ for Temporary Protected Status,” 82 Protected Status,” 82 Federal Register 44205-44211, September 21, 2017. 44205-44211, September 21, 2017.
~~101~~113 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Department of Homeland Security, U.S. Citizenship and Immigration Services, “~~Alert ,” https://www.uscis.gov/~~
humanitarian/temporary-protected-status. (As of the date of this report, the Federal Register ~~notice extending the~~Extension and Redesignation of South Sudan for Temporary Protected Status,” 87 Federal Register 12190-12201, March 3, 2022.
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~~Meanwhile, citing~~accompanied by a redesignation, which allows nationals of South Sudan who have been continuously residing in the United States since March 1, 2022, to apply for TPS. Citing improved conditions in Sudan, including a reduction in violence and an improved conditions in Sudan, including a reduction in violence and an
increase in food harvests, then-Acting DHS Secretary Duke announced in September 2017 that increase in food harvests, then-Acting DHS Secretary Duke announced in September 2017 that
Sudan’s TPS designation would expire on November 2, 2018.Sudan’s TPS designation would expire on November 2, 2018.~~102~~114 The termination has not yet The termination has not yet
taken effect due to a legal taken effect due to a legal ~~chal enge.103~~challenge.115 On March 2, 2022, Secretary Mayorkas announced a new designation for Sudan based on extraordinary and temporary conditions that prevent Sudanese from returning safely. The announcement stated, “The recent military takeover of Sudan’s government has triggered political instability, violence, and human rights abuses against civilians. A humanitarian crisis linked to unprecedented floods; food and clean water shortages; violence between the communities of Darfur, Blue Nile, and South Kordofan; and internal displacement is ongoing.”116 This new designation is for 18 months and applies to nationals of Sudan who have been living in the United States since March 1, 2022. This includes those who benefited from the previous TPS designation for Sudan, which required continuous residence in the United States on or before January 9, 2013. DHS estimates that approximately 3,090 individuals are eligible to file applications for TPS under the designation of Sudan.117
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~~ million Syrians fleeing the country and 6.2 Syrians fleeing the country and 6.2 ~~mil ion more internal y~~million more internally displaced as of early 2020. displaced as of early 2020.~~104~~118
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.unsafe for Syrian nationals already in the United States to return to the country.~~105~~119 In that initial 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.checks on Syrians registering for TPS.~~106~~120 TPS for Syrian nationals has since been extended. The 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,
2016.2016.~~107~~121 On January 31, 2018, then-Secretary Nielsen announced her decision to extend the TPS 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~~
~~redesignation; thus, Syrians who entered the United States after August 1, 2016, remained~~
~~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~~
~~Administration announced a redesignation and 18-month extension of Syria’s TPS. This action~~
~~enables eligible Syrian nationals to retain their TPS through September 2022 and al ows~~
~~approximately 1,800 additional individuals to file initial applications to obtain such status.111~~

~~designation had not been published.)~~
~~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 Federal Register 47228-47234, October 11, 2017.~~
~~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, Syria: Overview of the Humanitarian Response; and CRS Report RL33487,~~ ~~Armed~~
~~Conflict in Syria: Overview and U.S. Response~~.
~~105 U.S.~~ 114 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Termination of the Designation of Sudan for Temporary Protected Status,” 82 Federal Register 47228-47234, October 11, 2017. 115 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit Decision Allows Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward. 116 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Sudan and Extends and Redesignates South Sudan for Temporary Protected Status,” press release, March 2, 2022. 117 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Sudan for Temporary Protected Status,” 87 Federal Register 23202-23210, April 19, 2022. 118 See CRS Report R43119, Syria: Overview of the Humanitarian Response; and CRS Report RL33487, Armed Conflict in Syria: Overview and U.S. Response. 119 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab
RepublicRepublic ~~for T emporary~~ for Temporary Protected Status,” 61 Protected Status,” 61 Federal Register 19026-19030, March 29, 2012. 19026-19030, March 29, 2012.
~~106~~120 Secretary of Homeland Security Janet Napolitano, “ Secretary of Homeland Security Janet Napolitano, “~~T emporary~~Temporary Protected Status ( Protected Status (~~T PS~~TPS) for Syrian Nationals,” press ) for Syrian Nationals,” press
release, March 23, 2012, https://www.dhs.gov/ynews/releases/20120323-napolitano-statementrelease, March 23, 2012, https://www.dhs.gov/ynews/releases/20120323-napolitano-statement -syria-tps.shtm. -syria-tps.shtm.
~~107~~ 121 Previously, Syrians who had arrived in the United States after January 5, 2015, were not eligible for Previously, Syrians who had arrived in the United States after January 5, 2015, were not eligible for ~~T PS. T he~~TPS. The
redesignation allowsredesignation allows Syrians that arrived between January 5, 2015, and AugustSyrians that arrived between January 5, 2015, and August 1, 2016, to be eligible1, 2016, to be eligible for for ~~T PS~~TPS. U.S. . U.S.
Department of Homeland Security, U.S.Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria Citizenship and Immigration Services, “Extension and Redesignation of Syria
for for ~~T emporary~~Temporary Protected Status,” 81 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~~
~~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.~~
~~109 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation~~
~~Syria for T emporary Protected Status,” 83 Federal Register 9329-9336, March 5, 2018.~~
~~110 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation~~
~~Syria for T emporary Protected Status,” 84 Federal Register 49751-49757, September 23, 2019.~~
~~111 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation~~
~~of Syria for T emporary Protected Status,” 86 Federal Register 14946-14952, March 19, 2021.~~
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~~Venezuela~~
~~Venezuela is in a deep crisis under the authoritarian rule of Nicolás Maduro. Narrowly elected in~~
~~2013 after the death of populist President Hugo Chávez, Maduro began a second term in January~~
~~2019 that is widely considered il egitimate.112 By most accounts, Maduro’s government has~~
~~mismanaged the economy and engaged in massive corruption, exacerbating the effects of a~~
~~decline in global oil prices and production on the country’s economy. Shortages in food and~~
~~medicine, declines in purchasing power, and a collapse of social services have created a~~
~~humanitarian crisis.113~~
~~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~~
~~designated Venezuela for TPS for 18 months.115~~ Congressional Research Service 17 Temporary Protected Status and Deferred Enforced Departure conditions that prompted the original designation.122 This announcement did not include a redesignation; thus, Syrians who entered the United States after August 1, 2016, remained ineligible.123 The Trump Administration issued another 18-month extension (without redesignation) for Syria through March 31, 2021.124 On January 29, 2021, the Biden Administration announced a redesignation and 18-month extension of Syria’s TPS. This action enables eligible Syrian nationals to retain their TPS through September 2022 and allows approximately 1,800 additional individuals to file initial applications to obtain such status.125 Ukraine On February 24, 2022, Russia launched a full-scale attack on Ukraine.126 The United States and its allies have condemned the invasion, and are imposing trade and financial sanctions on Russia and enhancing their own military deterrence posture.127 The invasion has triggered massive refugee flows to neighboring countries and led to millions of people being internally displaced.128 The United States is providing funding for humanitarian assistance.129 On March 3, 2022, DHS Secretary Mayorkas announced the designation of Ukraine for TPS for 18 months.130 DHS cited the armed conflict and extraordinary conditions that prevent Ukrainians from returning safely to Ukraine. The announcement stated, “This invasion has caused a humanitarian crisis with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or water or access to food, basic supplies, shelter, and emergency medical services.”131 DHS’s original announcement of TPS for Ukraine stated that Ukrainian nationals who have continuously resided in the United States since March 1, 2022, and meet the other eligibility requirements may apply for TPS.132 However, in the Federal Register Notice published on April 19, 2022, DHS moved the arrival cutoff date forward to April 11.133 Thus, Ukrainians who traveled to the United States between March 1 and April 11 are also eligible to apply for TPS. DHS estimates that 59,600 Ukrainians are eligible to apply for TPS. 122 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement On Temporary 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. 123 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation Syria for Temporary Protected Status,” 83 Federal Register 9329-9336, March 5, 2018. 124 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation Syria for Temporary Protected Status,” 84 Federal Register 49751-49757, September 23, 2019. 125 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria for Temporary Protected Status,” 86 Federal Register 14946-14952, March 19, 2021. 126 For more information, see CRS Insight IN11872, Russia’s Invasion of Ukraine: Military and Intelligence Issues and Aspects. 127 For more information, see CRS Insight IN11869, Russia’s Invasion of Ukraine: Overview of U.S. and International Sanctions and Other Responses; CRS In Focus IF12062, New Financial and Trade Sanctions Against Russia; and CRS Insight IN11866, Russia’s Invasion of Ukraine: NATO Response. 128 See CRS Insight IN11882, Humanitarian and Refugee Crisis in Ukraine. 129 Ibid. 130 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Ukraine for Temporary Protected Status for 18 months,” press release, March 3, 2022. 131 Ibid. 132 Ibid. 133 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Ukraine for Temporary Protected Status,” 8 Federal Register 23211-23218, April 19, 2022. Congressional Research Service 18 Temporary Protected Status and Deferred Enforced Departure Venezuela Venezuela is in a deep crisis under the authoritarian rule of Nicolás Maduro. Narrowly elected in 2013 after the death of populist President Hugo Chávez, Maduro began a second term in January 2019 that is widely considered illegitimate.134 By most accounts, Maduro’s government has mismanaged the economy and engaged in massive corruption, exacerbating the effects of a decline in global oil prices and production on the country’s economy. Shortages in food and medicine, declines in purchasing power, and a collapse of social services have created a humanitarian crisis.135 During 2019, some Members of Congress and nonprofit organizations requested that the Trump Administration designate Venezuela for TPS,136 and the House passed a bill (H.R. 549) that would have designated Venezuela for TPS for 18 months.137 A Senate effort in July 2020 to pass H.R. 549 by 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.the Trump Administration’s terminations of TPS designations for several countries.~~116~~138 The Trump The Trump
Administration never designated VenezuelaAdministration never designated Venezuela for TPS. However, on his last full day in office, 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.”Western Hemisphere in recent memory.”~~117~~139
The Biden Administration determined that Venezuela The Biden Administration determined that Venezuela met the statutory conditions for a TPS 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~~ Venezuela for TPS for TPS ~~al ows~~allows those who qualify to obtain an immigration status and documentation 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 economic ~~contraction; inflation and hyperinflation; deepening poverty; high levels of~~
~~unemployment; reduced access to and shortages~~ contraction; inflation and hyperinflation; deepening poverty; high levels of unemployment; reduced access to and shortages of food and medicine; a severely of food and medicine; a severely
weakened medical system; the reappearance weakened medical system; the reappearance ~~o r~~or 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;repression; ~~crime and~~ crime and violence;violence; corruption; increasedcorruption; increased ~~human mobility and displacement~~

~~112 CRS In Focus~~ human mobility and displacement 134 For more information, see CRS In Focus IF10230, IF10230, Venezuela: Political Crisis and U.S. Policy. .
~~113~~135 Ibid. Ibid.
~~114~~136 See, See, for example, letter from 24 U.S. Senators to President Donald J. for example, letter from 24 U.S. Senators to President Donald J. ~~T rump~~Trump, March 7, 2019, , March 7, 2019,
https://www.durbin.senate.gov/imo/media/doc/March7%20Venezuela%https://www.durbin.senate.gov/imo/media/doc/March7%20Venezuela%~~20T PS~~20TPS%20Letter%20FINAL%20SIGNED.pdf%20Letter%20FINAL%20SIGNED.pdf ; ;
and letter from 23 U.S. Representatives to Kevin McAleenan, acting Secretary of DHS, May 10, and letter from 23 U.S. Representatives to Kevin McAleenan, acting Secretary of DHS, May 10, ~~2 019~~2019, ,
https://www.uscis.gov/sites/default/files/document/foia/https://www.uscis.gov/sites/default/files/document/foia/~~T PS_~~TPS_-_Venezuela_-_Representative_Mucarsel-Powell.pdf. -_Venezuela_-_Representative_Mucarsel-Powell.pdf.
~~115~~137 H.R. 549, 116th Congress. H.R. 549, 116th Congress.
~~116~~138 Letter from Ken Cucinelli II, acting director, USCIS, Letter from Ken Cucinelli II, acting director, USCIS, to Leith Anderson, president, National Association of to Leith Anderson, president, National Association of
Evangelicals, October 24, 2019, https://www.uscis.gov/sites/default/files/document/foia/Evangelicals, October 24, 2019, https://www.uscis.gov/sites/default/files/document/foia/~~T PS_~~TPS_-_Venezuela_--_Venezuela_-
_Anderson.pdf. For information on the _Anderson.pdf. For information on the ~~T PS~~TPS-related injunctions, see CRS-related injunctions, see CRS ~~Legal Sidebar~~ Legal Sidebar LSB10215, LSB10215, Federal District
Court Enjoins the ~~Departm ent of Hom eland Security from Term inating Tem porary~~Department of Homeland Security from Terminating Temporary Protected Status. .
~~117 T he~~139 The White House (President White House (President ~~T rump~~Trump), Office of the Press Secretary, “Deferred Enforced ), Office of the Press Secretary, “Deferred Enforced ~~Dep arture~~Departure for Certain for Certain
Venezuelans,”Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January
19, 2021. 19, 2021.
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(including internal (including internal migration, emigration, and return); andmigration, emigration, and return); and the impact of thethe impact of the COVID-19 COVID-19
pandemic, among other factors.pandemic, among other factors.~~118~~
140 USCIS estimates that approximately 323,000 individuals are eligible USCIS estimates that approximately 323,000 individuals are eligible to file applications for TPS to file applications for TPS
under the designation of Venezuela.under the designation of Venezuela.~~119~~141
Because Venezuela Because Venezuela is currently designated for both TPS and DED, Venezuelans may apply for is currently designated for both TPS and DED, Venezuelans may apply for
work authorization pursuant to either type of relief.work authorization pursuant to either type of relief.~~120~~142 DHS encourages Venezuelans who are DHS encourages Venezuelans who are
~~eligible~~ eligible for both TPS and DED to apply for TPS 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.since they may not qualify for TPS after DED has expired.~~121~~143
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.2017, due to ongoing armed conflict in the country.~~122~~144 A 2015 DHS press release stated that 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.”their personal safety.”~~123~~145 Since 2015, the war in Yemen has Since 2015, the war in Yemen has ~~kil ed~~killed over 100,000 people, including over 100,000 people, including
civilians as civilians as ~~wel~~ well as combatants. According to the United Nations, Yemen is the world’s worst as combatants. According to the United Nations, Yemen is the world’s worst
humanitarian crisis, with 80% of the population in need of assistance. Relief efforts in the region humanitarian crisis, with 80% of the population in need of assistance. Relief efforts in the region
have been complicated by ongoing violence and considerable damage to the country’s have been complicated by ongoing violence and considerable damage to the country’s
infrastructure.infrastructure.~~124~~ 146 On January 4, 2017, DHS extended and redesignated Yemen’s current TPS On January 4, 2017, DHS extended and redesignated Yemen’s current TPS
designation through September 3, 2018. The redesignation updated the required arrival date into designation through September 3, 2018. The redesignation updated the required arrival date into
the United States for individuals from Yemen from September 3, 2015, to January 4, 2017.the United States for individuals from Yemen from September 3, 2015, to January 4, 2017.~~125~~147 The The
Federal Register notice explained that the “continued deterioration of the conditions for civilians notice explained that the “continued deterioration of the conditions for civilians
in Yemen and the resulting need to offer protection to individuals who have arrived in the United in Yemen and the resulting need to offer protection to individuals who have arrived in the United
States after the States after the ~~eligibility~~ eligibility cutoff dates” warranted the redesignation of TPS.cutoff dates” warranted the redesignation of TPS.~~126~~148 The Trump 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 arrival cutoff date the same.kept the arrival cutoff date the same.~~127~~149 In July 2021, the Biden Administration extended Yemen’s In July 2021, the Biden Administration extended Yemen’s

~~118 U.S.~~ designation for 18 140 U.S. Department of Homeland Security, “Designation of Venezuela for Department of Homeland Security, “Designation of Venezuela for ~~T emporary~~Temporary Protected Status and Protected Status and
Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal
Register 13574-13581, March 9, 2021. 13574-13581, March 9, 2021.
~~119~~141 Ibid. Ibid.
~~120 T hose~~142 Those who are approved for work authorization pursuant to their who are approved for work authorization pursuant to their ~~T PS~~TPS application are to receive an employment application are to receive an employment
authorization document (EAD) valid through September 9, 2022; if Venezuela’sauthorization document (EAD) valid through September 9, 2022; if Venezuela’s ~~T PS~~ TPS designation is designation is subsequently subsequently
extended, suchextended, such an EAD wouldan EAD would be eligiblebe eligible for renewal. Venezuelansfor renewal. Venezuelans ~~who~~ who are approved for an EAD pursuant to DED are approved for an EAD pursuant to DED
willwill receive an EAD valid through Julyreceive an EAD valid through July 20, 2022; if the President does not extend Venezuela’s20, 2022; if the President does not extend Venezuela’s DED, suchDED, such an EAD an EAD
wouldwould expire on July 20, 2022. expire on July 20, 2022.
~~121~~143 In limited circumstances, an individual In limited circumstances, an individual may apply for may apply for ~~T PS~~TPS after the initial registration period has ended. See after the initial registration period has ended. See 8 8
C.F.R.C.F.R. §244.2(f)(2). §244.2(f)(2).
~~122~~ 144 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of the Republic Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of the Republic
of Yemen for of Yemen for ~~T emporary~~Temporary Protected Status,” 80 Protected Status,” 80 Federal Register 53319-53323, September 3, 2015. 53319-53323, September 3, 2015.
~~123~~145 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DHSDepartment of Homeland Security, U.S. Citizenship and Immigration Services, “DHS Announces Announces ~~T emporary~~Temporary
Protected Status Designation for Yemen,” press release, September 3, 2015, https://www.uscis.gov/news/dhs-Protected Status Designation for Yemen,” press release, September 3, 2015, https://www.uscis.gov/news/dhs-
announces-temporary-protected-status-designation-yemen. announces-temporary-protected-status-designation-yemen.
~~124 See CRS~~ 146 See CRS Report R43960, Report R43960, Yemen: Civil War and Regional Intervention. .
~~125~~147 U.S. 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 “Extension and Redesignation
of the Republicof the Republic of Yemen for of Yemen for ~~T emporary~~Temporary Protected Status,” 82 Protected Status,” 82 Federal Register 859-866, January 4, 2017. 859-866, January 4, 2017.
~~126~~148 Ibid. Ibid.
~~127~~149 U.S. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Yemen for of Yemen for ~~T emporary~~Temporary Protected Status,” 83 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~~
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~~designation for 18~~ months and, at the same time, redesignated the country, thereby months and, at the same time, redesignated the country, thereby ~~al owing~~
allowing additional individualsadditional individuals who have been continuously residing in the United States since July 5, who have been continuously residing in the United States since July 5,
2021, to apply.2021, to apply.~~128~~
150 State of Residence of TPS Recipients
Individuals with TPS reside in Individuals with TPS reside in al all 50 states, the District of Columbia, and 50 states, the District of Columbia, and ~~the~~ U.S. territories. The U.S. territories. The
largest populations live in traditional immigrant gateway states: largest populations live in traditional immigrant gateway states: ~~California, Florida~~Florida, California, Texas, and , Texas, and
New York. In addition, New York. In addition, ~~five~~six other states had at least 10,000 TPS recipients as of other states had at least 10,000 TPS recipients as of ~~March 2021:~~
February 2022: Maryland, Virginia,Maryland, Virginia, New Jersey, Massachusetts, New Jersey, Massachusetts, ~~and~~ North CarolinaNorth Carolina~~. Se~~e, and Georgia. See Figure 1 andand 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 application as of ~~March 11, 2021~~February 16, 2022, who had not obtained LPR status or U.S., who had not obtained LPR status or U.S. citizenship. The data may include 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
necessarilynecessarily include include al all nationals from the specified countries who are in the United States and are eligiblenationals from the specified countries who are in the United States and are eligible for the for the
status. status.

~~T emporary~~ Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for Temporary Protected Status,” 85 Protected Status,” 85 Federal Register 12313-12319, March 2, 2020. 12313-12319, March 2, 2020.
~~128~~150 United States Citizenship and Immigration Services, “Extension and Redesignation of Yemen for United States Citizenship and Immigration Services, “Extension and Redesignation of Yemen for ~~T emporary~~Temporary
Protected Status,” 86Protected Status,” 86 Federal Register 36295-36302, July 9, 2021. 36295-36302, July 9, 2021.
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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.~~129~~151 There are statutory limitations on Congress providing adjustment of status to There are statutory limitations on Congress providing adjustment of status to
TPS recipients. Section 244(h) of the INA (8 U.S.C. §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 any ~~bil ,~~ bill, resolution, or amendment that provides for the adjustment to lawful temporary or lawful resolution, or amendment that provides for the adjustment to lawful temporary or lawful
permanent resident status for any TPS recipient requires a supermajority in the Senate (i.e., three-permanent resident status for any TPS recipient requires a supermajority in the Senate (i.e., three-
fifths of fifths of al all Senators) voting affirmatively. 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 who had been given TPS or DED. In 1992, Congress enacted legislation ~~al owing~~allowing Chinese 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)102-404). The Nicaraguan Adjustment and Central American Relief Act (NACARA) (Title II of (Title II of
P.L. 105-100), which became law in 1997, provided eligibilityP.L. 105-100), which became law in 1997, provided eligibility for LPR status to certain 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 Immigration Fairness provisions into the FY2020 National Defense Authorization Act; it ~~al ows~~allows
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, 20, 2019 (P.L. 116-92, ~~Section~~ §7611). 7611).
Other legislation to Other legislation to ~~al ow~~allow persons with TPS to adjust to LPR status received action in past persons with TPS to adjust to LPR status received action in past
Congresses; this legislation was not enacted. For instance, the Senate-passed comprehensive Congresses; this legislation was not enacted. For instance, the Senate-passed comprehensive
immigration reform immigration reform ~~bil~~ bill in the 113th Congress (S. 744) did not include specific provisions for 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 foreign nationals with TPS to adjust status, but many would have qualified for the registered
provisional immigrant status that S. 744 would have established.provisional immigrant status that S. 744 would have established.~~130~~
~~Selected~~ 152 Legislative Activity in the ~~116th and 117th~~
~~Congresses~~
~~Various proposals~~117th Congress Various bills related to TPS and DED related to TPS and DED ~~were~~have been introduced in the introduced in the ~~116th~~117th Congress. Congress.153 These include bills that would add ~~These included~~
~~bil s that would have extended current TPS designations or added~~ new designations for new designations for ~~TPS~~TPS154 (e.g., Venezuela and Hong Kong), make TPS and DED recipients eligible for federal financial aid for higher education,155 and provide for adjustment to LPR status for certain TPS and DED recipients.156 Other bills introduced in the 151 To adjust to LPR status, an individual generally must have been “ ~~(e.g.,~~
~~Venezuela or Hong Kong),131 prohibited federal funds from being used to remove TPS~~
~~recipients,132 made TPS or DED recipients eligible for federal financial aid for higher~~

~~129 In order to adjust to LPR status, an individual generally must have been “~~ inspected and admitted or paroled” into the inspected and admitted or paroled” into the
United States (INA §245(a), 8 U.S.C.United States (INA §245(a), 8 U.S.C. §1255(a)). In recent years, some federal courts have addressed§1255(a)). In recent years, some federal courts have addressed whether aliens whether aliens
~~who unlawfully~~ who unlawfully entered the United States butentered the United States but later received later received ~~T PS~~TPS are considered are considered to be “to be “ inspected and admitted” into the inspected and admitted” into the
United States. Circuit courts wereUnited States. Circuit courts were split on this issue.split on this issue. On June 7, 2021, the Supreme Court ruledOn June 7, 2021, the Supreme Court ruled unanimously that unanimously that ~~T PS~~TPS
does not constitute an admission. For more information, see CRSdoes not constitute an admission. For more information, see CRS ~~Legal Sidebar~~ Legal Sidebar LSB10607, LSB10607, ~~Suprem e~~Supreme Court: Unlawful
Entrants with ~~Tem porary~~Temporary Protected Status Cannot Adjust to Lawful ~~Perm anent~~ Permanent Resident Status. .
~~130 See~~ 152 See archived CRSarchived CRS Report R43097, Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in
Senate-Passed S. 744. .
~~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.~~
~~2478, for example.~~
~~132 H.R. 3931, for example.~~
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~~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.~~
~~As noted earlier, in the 116th Congress the National Defense Authorization Act for Fiscal Year~~
~~2020 (S. 1790) included Section 7611 (Liberian Refugee Immigration Fairness), which al ows~~
~~certain Liberian nationals to apply for LPR status. S. 1790 was signed into law by President~~
~~Trump on December 20, 2019, and became P.L. 116-92.~~
~~Two bil s that would have provided LPR status to TPS recipients passed the House in the 116th~~
~~Congress; these bil s were not taken up by the Senate~~153 The bills described in this section are those that were identified by CRS by searching congress.gov using the following terms: “temporary protected status,” “8 U.S.C. 1254a,” and “deferred enforced departure.” Bills that mention TPS or DED only in “Findings” sections are not discussed. 154 See, for example, H.R. 161, S. 50, H.R. 2064, H.R. 3524, H.R. 4276, H.R. 4521, H.R. 5564, H.R. 6095, and H.R. 6892. 155 See, for example, H.R. 4502, H.R. 4815, and H.R. 5376. 156 See, for example, S. 264, S. 306, H.R. 1177, S. 348, H.R. 6, H.R. 1603, S. 747, H.R. 1909, H.R. 2064, and H.R. Congressional Research Service 22 Temporary Protected Status and Deferred Enforced Departure 117th Congress seek to limit TPS by making ineligible individuals who are members of criminal gangs157 or who lack a lawful immigration status, 158 terminating an individual’s TPS if they fail to show up for a removal proceeding,159 or transferring authority from DHS to Congress to designate foreign states.160 Two bills that would provide LPR status to certain TPS recipients passed the House in the 117th Congress. Title II of the American Dream and . Title II of the American Dream and
Promise Act of Promise Act of ~~2019~~2021 (H.R. 6) would (H.R. 6) would ~~have al owed individuals~~ allow individuals who were eligible for TPS who were eligible for TPS ~~or DED~~
~~as of January 1, 2017, and who had been living in the United States for at least three years before~~
~~the date of enactment~~as of January 1, 2017, or DED as of January 20, 2021, and who accumulate three years of continuous presence in the United States to become LPRs. These provisions would to become LPRs. These provisions would ~~have applied~~apply to nationals of 14 countries. H.R. 6 also includes a provision (§203) that would clarify that TPS recipients are considered “inspected and admitted” for purposes of adjustment to LPR status.161 ~~to nationals of 13~~
~~countries. Certain individuals with TPS or DED protection would have also been covered by the~~
~~legalization provisions in Title I of H.R. 6. It passed the House on June 4, 2019.~~ The Farm The Farm
Workforce Modernization Act of Workforce Modernization Act of ~~2019~~2021 (H.R. (H.R. ~~5038) would have established~~1603) would establish a process for certain 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 DED recipients who met the farm work and other requirements under the bill would be eligible. H.R. 6 and H.R. 1603~~under the bil , would have been~~
~~eligible. H.R. 5038 passed the House on December 11, 2019.~~
~~Bil s similar to these two were introduced in the 117th Congress (H.R. 6 and H.R. 1603,~~
~~respectively) and passed the House on March 18, 2021. The 117th Congress version of H.R. 6~~
~~would al ow individuals who were eligible for TPS as of January 1, 2017, or DED as of January~~
~~20, 2021, and who accumulate three years of continuous presence in the United States to become~~
~~LPRs. These provisions would apply to nationals of 14 countries (the same 13 countries eligible~~
~~under the version of the bil that passed the 116th Congress, plus Venezuela). The 117th Congress~~
~~version adds a provision (Section 203) that would clarify that TPS recipients are considered~~
~~“inspected and admitted” for purposes of adjustment to LPR status.137 The 117th Congress version~~
~~of the Farm Workforce Modernization Act (H.R. 1603) is highly similar to H.R. 5038 from the~~
~~116th Congress. Like H.R. 5038, it would establish a process for certain farm workers in the~~
~~United States (including those with TPS or DED) to obtain a legal temporary status and then LPR~~
~~status.~~

~~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 LSB10607,~~ ~~Supreme Court: Unlawful Entrants with Temporary~~
~~Protected Status Cannot Adjust to Lawful Perm anent Resident Status~~.
~~Congressional Research Service~~

20

~~Temporary Protected Status and Deferred Enforced~~ passed the House on March 18, 2021. The Senate Judiciary Committee held a hearing on H.R. 6 on June 15, 2021, but no further action has been taken on these two bills as of the cover date of this report. The House passed two other bills that contain TPS provisions. An appropriations bill that passed the House on July 29, 2021 (H.R. 4502) would have made TPS and DED recipients eligible for federal financial aid for higher education. The related Consolidated Appropriations Act of 2022, which became law on March 15, 2022 (P.L. 117-103), did not include this provision. The America COMPETES Act of 2022 (H.R. 4521), as passed by the House on February 4, 2022, would designate Hong Kong for TPS for a period of 18 months. The version passed by the Senate on March 28, 2022, based on the text of S. 1260, does not contain TPS provisions. As of the cover date of this report, the House and Senate are resolving differences. 6637. 157 See, for example, H.R. 71, H.R. 1995, and S. 1056. 158 See, for example, H.R. 7356. 159 See, for example, S. 1007. 160 See, for example, H.R. 7356. 161 For more information, see CRS Legal Sidebar LSB10607, Supreme Court: Unlawful Entrants with Temporary Protected Status Cannot Adjust to Lawful Permanent Resident Status. Congressional Research Service 23 Temporary Protected Status and Deferred Enforced Departure

Appendix.
Table A-1. Individuals with Temporary Protected Status by State of Residence
Individuals

Individuals
State
with TPS
State
with TPS
Alabama Alabama
~~705~~800
Nevada Nevada
3, 3,~~015~~
120 Alaska Alaska
55 55
New Hampshire New Hampshire
~~270~~290
Arizona Arizona
1, 1,~~095~~
195 New Jersey New Jersey
~~14,220~~
15,110 Arkansas Arkansas
2, 2,~~800~~
730 New Mexico New Mexico
~~295~~310
California California
~~54,285~~
53,840 New York New York
~~40,855~~
41,460 Colorado Colorado
2, 2,~~380~~
640 North Carolina North Carolina
12, 12,~~035~~
665 Connecticut Connecticut
2, 2,~~085~~
330 North Dakota North Dakota
7570
Delaware Delaware
~~600~~655
Ohio Ohio
1, 1,~~615~~
990 District District of Columbia of Columbia
2, 2,~~595~~
555 Oklahoma Oklahoma
~~700~~850
Florida Florida
~~42,980~~
65,100 Oregon Oregon
~~610~~640
Georgia Georgia
~~9,550~~
11,210 Pennsylvania Pennsylvania
2, 2,~~235~~
~~Hawai~~
60
550 Hawaii 60 Rhode Island Rhode Island
~~605~~630
Idaho Idaho
~~140~~150
South Carolina South Carolina
1, 1,~~300~~
635 Il inois Il inois
~~2,895~~
3,610 South Dakota South Dakota
~~180~~190
Indiana Indiana
2, 2,~~045~~525
Tennessee Tennessee
2, 2,~~435~~
930 Iowa Iowa
1,130 1,130
Texas Texas
~~41,945~~
46,105 Kansas Kansas
~~940~~
1,000 Utah Utah
~~895~~1,640
Kentucky Kentucky
~~695~~835
Vermont Vermont
35 35
Louisiana Louisiana
1, 1,~~685~~670
Virginia Virginia
22, 22,~~140~~
045 Maine Maine
~~150~~
155 Washington Washington
1, 1,~~755~~
900 Maryland Maryland
22, 22,~~760~~
570 West Virginia West Virginia
160 160
Massachusetts Massachusetts
13, 13,~~160~~
250 Wisconsin Wisconsin
~~490~~570
Michigan Michigan
1, 1,~~170~~
225 Wyoming Wyoming
40 40
Minnesota Minnesota
2, 2,~~135~~
225 U.S. Virgin Islands U.S. Virgin Islands
~~525~~530
Mississippi Mississippi
~~360~~370
Puerto Rico Puerto Rico
55120
Missouri Missouri
1, 1,~~035~~
060 Northern Mariana Islands Northern Mariana Islands
2535
Montana Montana
1015
Other/Unknown Other/Unknown
~~105~~720
Nebraska Nebraska
1, 1,~~335~~ 345
Total
~~319,465~~354,625
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 These data reflect individuals (rounded to the nearest five) with TPS as of ~~March 11, 2021~~February 16, 2022, who had not , who had not
obtained LPR status or U.S.obtained LPR status or U.S. citizenship. The data may include individuals who have left the country or diedcitizenship. The data may include individuals who have left the country or died since since
their last TPS approval, and do not necessarilytheir last TPS approval, and do not necessarily include include al all nationals fromnationals from the specifiedthe specified countries who are in the countries who are in the
United States and are eligibleUnited States and are eligible for the status. “Other” includes Federated States of Micronesia,for the status. “Other” includes Federated States of Micronesia, Guam, Guam, ~~Marshal~~
Marshall Islands, and the ArmedIslands, and the Armed Forces. Forces.
Congressional Research Service Congressional Research Service

2124

Temporary Protected Status and Deferred Enforced Departure

Author Information

Jill H. Wilson Jill H. Wilson

Analyst in Immigration Policy Analyst in Immigration Policy

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