Temporary Protected Status and Deferred
April 19November 28, 2022 , 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. A foreign national from a designated country who is granted TPS receives a registration the conditions for designation. 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. 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.
There are currently 16 countries under TPS designations. As of November 7As of February 16, 2022, approximately , 2022, approximately
354,625537,075 foreign nationals from the following foreign nationals from the following
1215 countries who were living in the countries who were living in the
United States were protected by TPS: United States were protected by TPS:
BurmaAfghanistan, Burma, Cameroon, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, , El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan,
SyriaSyria, Ukraine, Venezuela, and Yemen. In addition, , Venezuela, and Yemen. In addition,
in March and Aprilon October 21, 2022, the Biden Administration announced , 2022, the Biden Administration announced
a new designation for Ethiopia. DHS estimates that 26,700 Ethiopian nationals could be eligible to apply under this designationnew designations for Ukraine, Afghanistan, and Cameroon. Certain Liberians. Certain Liberians
, Venezuelans, and residents of Hong Kong living in the United and residents of Hong Kong living in the United
States currently maintain relief under DED.States currently maintain relief under DED.
Multiple measures related to TPS have been introduced in the 117th Congress. They include proposals to add new TPS
Multiple measures related to TPS have been introduced in the 117th Congress. They include proposals to add new TPS
designations (e.g., Venezuela and Hong Kong) and others that would restrict eligibility for TPS. There is ongoing debate designations (e.g., Venezuela and Hong Kong) and others that would restrict eligibility for TPS. 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 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. Two bills that would provide such a pathway have passed the have a pathway to lawful permanent resident (LPR) status. Two bills that would provide such a pathway have passed the
House. House.
Congressional Research Service
Congressional Research Service
link to page
link to page
54 link to page 4 link to page 5 link to page link to page 5 link to page
67 link to page link to page
87 link to page link to page
89 link to page link to page
1011 link to page link to page
1211 link to page 12 link to page 13 link to page 13 link to page link to page 12 link to page 13 link to page 13 link to page
1415 link to page link to page
1516 link to page 17 link to page 18 link to page link to page 17 link to page 18 link to page
1920 link to page 20 link to page link to page 20 link to page
2021 link to page link to page
2122 link to page 22 link to page 23 link to page link to page 22 link to page 23 link to page
2425 link to page 25 link to page 26 link to page link to page 25 link to page 26 link to page
2627 link to page link to page
2526 link to page link to page
1110 link to page link to page
1211 link to page 28 link to page link to page 28 link to page
2829 Temporary Protected Status and Deferred Enforced Departure
Contents
Background ..................................................................................................................................... 1
Humanitarian Response ................................................................................................................... 1
Temporary Protected Status ............................................................................................................. 2
Deferred Enforced Departure .......................................................................................................... 4
Historical Use of Blanket Relief ...................................................................................................... 4
Current TPS and DED Designations ............................................................................................... 6
Countries ................................................................................................................................... 8
Afghanistan ......................................................................................................................... 8
Burma.................................................................................................................................. 9
Cameroon ............................................................................................................................ 9 10
Central American Countries .............................................................................................. 10
Ethiopia ............................................................................................................................. 12 Haiti ................................................................................................................................... 11 13
Hong Kong ........................................................................................................................ 1314
Liberia ............................................................................................................................... 1415
Nepal ................................................................................................................................. 1517
Somalia ............................................................................................................................. 1617
Sudan and South Sudan .................................................................................................... 1618
Syria .................................................................................................................................. 1719
Ukraine .............................................................................................................................. 1819
Venezuela .......................................................................................................................... 1920
Yemen ............................................................................................................................... 2022
State of Residence of TPS Recipients ........................................................................................... 2122
Adjustment of Status ..................................................................................................................... 2223
Legislative Activity in the 117th Congress ..................................................................................... 2224
Figures
Figure 1. Individuals with Temporary Protected Status by State of Residence ............................. 2123
Tables
Table 1. Countries Currently Designated for TPS ........................................................................... 7
Table 2. Countries/Regions Currently Under a DED Grant ............................................................ 8
Table A-1. Individuals with Temporary Protected Status by State of Residence .......................... 2425
Appendixes
Appendix. ...................................................................................................................................... 24
Congressional Research Service
link to page 29 Temporary Protected Status and Deferred Enforced Departure
Contacts
Author Information ........................................................................................................................ 2526
Congressional Research Service
Congressional Research Service
Temporary Protected Status and Deferred Enforced Departure
Background
Federal law provides that all aliens1 attempting to enter the United States must do so pursuant to Federal law provides that all aliens1 attempting to enter the United States must do so pursuant to
the Immigration and Nationality Act (INA). The INA allows for the admission of (1) immigrants, the Immigration and Nationality Act (INA). The INA allows for the admission of (1) immigrants,
who are admitted to the United States permanently,2 and (2) nonimmigrants, who are admitted for who are admitted to the United States permanently,2 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).3 Foreign nationals who lack lawful immigration status generally fall into three travelers).3 Foreign nationals who lack lawful immigration status generally fall into three
categories: (1) those who are admitted legally and then overstay their nonimmigrant visas, (2) categories: (1) those who are admitted legally 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 all three instances, the aliens are in the United States in the basis of fraudulent documents. In all 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.4 Temporary Protected Status (TPS), codified in INA in the United States in violation of the INA.4 Temporary Protected Status (TPS), codified in INA
Section 244,5 provides temporary relief from removal and work authorization to foreign Section 244,5 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 relief6 from removal—Deferred Enforced Departure (DED)—migration. Another form of blanket relief6 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
information on each of the countries currently designated for TPS or DED, including the information on each of the countries currently designated for TPS or DED, including the
conditions that have contributed to their designation. Past legislation to provide lawful permanent conditions that have contributed to their designation. Past legislation to provide lawful permanent
resident (LPR) status to certain TPS-designated foreign nationals is also described. The report resident (LPR) status to certain TPS-designated foreign nationals is also described. The report
concludes with a discussion of legislative activity in the 117th Congress related to TPS. concludes with a discussion of legislative activity in the 117th Congress 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),7 the United States agrees to the principle of Protocol),7 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
1 1
Alien is the term used in law and is defined as anyone who is not a citizen or national of the United States. A U.S. is the term used in law and is defined as anyone who is not a citizen or national of the United States. A U.S.
national is a person owing permanent allegiance to the United States and includes citizens. Noncitizen nationals are is a person owing permanent allegiance to the United States and includes citizens. Noncitizen nationals are
individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United
States. In this report, the terms States. In this report, the terms
alien and and
foreign national are used interchangeably. are used interchangeably.
2 See CRS Report R42866,
2 See CRS Report R42866,
Permanent Legal Immigration to the United States: Policy Overview. .
3 See CRS Report R45040, 3 See CRS Report R45040,
Immigration: Nonimmigrant (Temporary) Admissions to the United States. .
4 For more information, see CRS Report R45158, 4 For more information, see CRS Report R45158,
An Overview of Discretionary Reprieves from Removal: Deferred
Action, DACA, TPS, and Others. .
5 8 U.S.C. §1254a.
5 8 U.S.C. §1254a.
6 The term 6 The term
blanket relief in this report refers to relief from removal that is administered to a group of individuals based in this report refers to relief from removal that is administered to a group of individuals based
on their ties to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case-by-on their ties to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case-by-
case basis to individuals based on their personal circumstances. case basis to individuals based on their personal circumstances.
7 The 1951 United Nations Convention Relating to the Status of Refugees, which was amended by its 1967 Protocol,
7 The 1951 United Nations Convention Relating to the Status of Refugees, which was amended by its 1967 Protocol,
defines who is a refugee and sets out the legal, social, and other kinds of protections that refugees and those seeking defines who is a refugee and sets out the legal, social, and other kinds of protections that refugees and those seeking
asylum are entitled to receive. It also states the responsibilities of nations that grant asylum. United Nations High 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/about-us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967-https://www.unhcr.org/en-us/about-us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967-
protocol.html. protocol.html.
Congressional Research Service
Congressional Research Service
1
1
Temporary Protected Status and Deferred Enforced Departure
political opinion. (This is now considered a rule of customary international law.)
political opinion. (This is now considered a rule of customary international law.)
Nonrefoulement is embodied in several provisions of U.S. immigration law. Most notably, it is reflected in INA is embodied in several provisions of U.S. immigration law. Most notably, it is reflected in INA
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.8 membership in a particular social group, or political opinion.8
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 unwilling or unable to return to his/her country of nationality or refugee is a person who is unwilling or unable to return to his/her country of nationality or
habitual residence because of persecution or a well-founded fear of persecution on account of habitual residence because of persecution or a well-founded fear of persecution on account of
race, religion, nationality, membership in a particular social group, or political opinion.9 This race, religion, nationality, membership in a particular social group, or political opinion.9 This
definition also applies to individuals seeking asylum. Under the INA, refugees and asylees differ definition also applies to individuals seeking asylum. Under the INA, refugees and asylees differ
on the physical location of the persons seeking the status: those abroad apply for refugee status on the physical location of the persons seeking the status: those abroad apply for refugee status
while those in the United States or at a U.S. port of entry apply for asylum.10 Those admitted as while those in the United States or at a U.S. port of entry apply for asylum.10 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.11 It is the statutory embodiment of safe haven for TPS is a blanket form of humanitarian relief.11 It is the statutory embodiment of safe haven for
foreign nationals within the United States12 who may not qualify for asylum but are nonetheless foreign nationals within the United States12 who may not qualify for asylum but are nonetheless
fleeing—or reluctant to return to—potentially dangerous situations. TPS was established by fleeing—or reluctant to return to—potentially dangerous situations. TPS was established by
Congress by Title III of the Immigration Act of 1990 (P.L. 101-649). The statute gives the Congress by Title III of the Immigration Act of 1990 (P.L. 101-649). The statute gives the
Secretary of the Department of Homeland Security (DHS),13 in consultation with other Secretary of the Department of Homeland Security (DHS),13 in consultation with other
government agencies (most notably the Department of State), the authority to designate a country government agencies (most notably the Department of State), the authority to designate a country
for TPS under one or more of the following conditions: for TPS under one or more of the following conditions:
(1) ongoing armed conflict in a foreign state that poses a serious threat to personal safety;
(1) ongoing armed conflict in a foreign state that poses a serious threat to personal safety;
(2) a foreign state request for TPS because it temporarily cannot handle the return of its
(2) a foreign state request for TPS because it temporarily cannot handle the return of its
nationals due to an environmental disaster; or nationals due to an environmental disaster; or
(3) extraordinary and temporary conditions in a foreign state that prevent its nationals from
(3) extraordinary and temporary conditions in a foreign state that prevent its nationals from
safely returning. safely returning.
8 INA §208 (8 U.S.C. §1158); INA §241(b)(3) (8 U.S.C. §1231(b)(3)); and INA §8 INA §208 (8 U.S.C. §1158); INA §241(b)(3) (8 U.S.C. §1231(b)(3)); and INA §
101(a)(42) (8 U.S.C. §1101(a)(42)). 101(a)(42) (8 U.S.C. §1101(a)(42)).
9 INA §101(a)(42) (8 U.S.C. §1101(a)(42)). In certain circumstances specified in INA §101(a)(42)(B), a refugee may 9 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.
10 See CRS Report R45539,
10 See CRS Report R45539,
Immigration: U.S. Asylum Policy; and CRS Report RL31269, ; and CRS Report RL31269,
Refugee Admissions and
Resettlement Policy. .
11 The term
11 The term
blanket relief refers to relief from removal that is administered to a group of individuals based on their ties refers to relief from removal that is administered to a group of individuals based on their ties
to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case-by-case basis to to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case-by-case basis to
individuals based on their personal circumstances. individuals based on their personal circumstances.
12 Foreign nationals outside the United States are not eligible to apply for TPS.
12 Foreign nationals outside the United States are not eligible to apply for TPS.
13 When TPS was enacted in 1990, most immigration-related functions, including designating countries for TPS, fell 13 When TPS was enacted in 1990, most immigration-related functions, including designating countries for TPS, fell
under the authority of the Attorney General. With the creation of the Department of Homeland Security in 2002 (P.L. under the authority of the Attorney General. With the creation of the Department of Homeland Security in 2002 (P.L.
107-296), most of the Attorney General’s immigration-related authority transferred to the Secretary of DHS as of 107-296), most of the Attorney General’s immigration-related authority transferred to the Secretary of DHS as of
March 1, 2003.March 1, 2003.
Congressional Research Service
Congressional Research Service
2
2
Temporary Protected Status and Deferred Enforced Departure
A foreign state may not be designated for TPS if the Secretary of DHS finds that allowing its
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 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.15 Each extend these periods if the country continues to meet the conditions for designation.15 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.16 If a designation is extended, the arrival date may be moved forward in States in order to qualify.16 If a designation is extended, the arrival date may be moved forward in
order to allow those who arrived later to qualify, an action referred to as order to allow those who arrived later to qualify, an action referred to as
redesignation.17 .17
To obtain TPS, nationals18 of foreign countries designated for TPS must pay specified fees19 and
To obtain TPS, nationals18 of foreign countries designated for TPS must pay specified fees19 and
submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the
deadline set forth in the deadline set forth in the
Federal Register notice announcing the TPS designation. The application notice announcing the TPS designation. The application
must include supporting documentation as evidence of eligibility (e.g., a passport issued by the must include supporting documentation as evidence of eligibility (e.g., a passport issued by the
designated country and records showing continuous physical presence in the United States since designated country and records showing continuous physical presence in the United States since
the date established in the TPS designation).20 The statute specifies the date established in the TPS designation).20 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.21 Foreign nationals outside the United States are not activity, and the persecution of others.21 Foreign nationals outside the United States are not
eligible to apply for TPS. eligible to apply for TPS.
Individuals granted TPS are eligible for employment authorization, cannot be detained on the
Individuals granted TPS are eligible for employment authorization, cannot be detained on the
basis of their immigration status, and are not subject to removal while they retain TPS.22 They basis of their immigration status, and are not subject to removal while they retain TPS.22 They
may be deemed ineligible for public assistance by a state; they may travel abroad with the prior may be deemed ineligible for public assistance by a state; they may travel abroad with the prior
consent of the DHS Secretary.23 TPS does not provide a path to lawful permanent residence or consent of the DHS Secretary.23 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.24 DHS has indicated that information it collects when an he or she meets the requirements.24 DHS has indicated that information it collects when an
individual registers for TPS may be used to enforce immigration law or in any criminal individual registers for TPS may be used to enforce immigration law or in any criminal
14 INA §244(b)(1) (8 U.S.C. §1254a(b)(1)). 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. 15 There is no limit on the number of extensions a country can receive.
16 This date is typically the same or very near to the date of the designation announcement. 16 This date is typically the same or very near to the date of the designation announcement.
17 Redesignation is not defined in law; it also refers to cases in which a country is designated for TPS for a different or 17 Redesignation is not defined in law; it also refers to cases in which a country is designated for TPS for a different or
additional reason than previously designated (e.g., initially designated on the basis of armed conflict, and subsequently additional reason than previously designated (e.g., initially designated on the basis of armed conflict, and subsequently
designated on the basis of a natural disaster). designated on the basis of a natural disaster).
18 In addition to nationals of designated countries, TPS statute provides that aliens with no nationality who “last
18 In addition to nationals of designated countries, TPS statute provides that aliens with no nationality who “last
habitually resided in such designated state” are eligible to apply. INA §244(a)(1) (8 U.S.C. §1254a(a)(1)). habitually resided in such designated state” are eligible to apply. INA §244(a)(1) (8 U.S.C. §1254a(a)(1)).
19 Fees for initial applicants include a $50 application fee (may not exceed $50 per 8 U.S.C. §1254a(c)(1)(B)), a $410 19 Fees for initial applicants include a $50 application fee (may not exceed $50 per 8 U.S.C. §1254a(c)(1)(B)), a $410
filing fee for employment authorization (if applying for employment authorization and between the ages of 14 and 65), filing fee for employment authorization (if applying for employment authorization and between the ages of 14 and 65),
and an $85 biometrics services fee for those age 14 and over. Applicants may request a waiver of the application and and an $85 biometrics services fee for those age 14 and over. Applicants may request a waiver of the application and
biometrics fees per 8 C.F.R. §103.7(c). Re-registration does not require the $50 application fee, but the other fees biometrics fees per 8 C.F.R. §103.7(c). Re-registration does not require the $50 application fee, but the other fees
apply. apply.
20 See 8 C.F.R. §244.9 for details on evidence that must be submitted.
20 See 8 C.F.R. §244.9 for details on evidence that must be submitted.
21 Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas 21 Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas
and ineligible to be admitted to the United States. Section 244(c)(2) in the TPS statute lists which of these and ineligible to be admitted to the United States. Section 244(c)(2) in the TPS statute lists which of these
grounds of
inadmissibility may be waived and which may not be waived. may be waived and which may not be waived.
22 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)).
22 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)).
23 INA §244(f) (8 U.S.C. §1254a(f)). 23 INA §244(f) (8 U.S.C. §1254a(f)).
24 For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted 24 For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted
TPS is considered as being in and maintaining “lawful status as a nonimmigrant” during the period in which the alien is TPS is considered as being in and maintaining “lawful status as a nonimmigrant” during the period in which the alien is
granted TPS. INA §244(f)(4) (8 U.S.C. §1254a(f)(4)). granted TPS. INA §244(f)(4) (8 U.S.C. §1254a(f)(4)).
Congressional Research Service
Congressional Research Service
3
3
link to page
link to page
87 Temporary Protected Status and Deferred Enforced Departure
proceeding.25 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or
proceeding.25 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or
deportation proceedings.26 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),27 formerly known as extended voluntary departure (EVD).28 DED is a enforced departure (DED),27 formerly known as extended voluntary departure (EVD).28 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). 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, usually in response to war, civil unrest, or natural disasters.29 When President’s discretion, usually in response to war, civil unrest, or natural disasters.29 When
Presidents grant DED through an executive order or presidential memorandum, they generally Presidents grant DED through an executive order or presidential memorandum, they generally
provide eligibility guidelines and direct the Secretary of Homeland Security to allow DED-provide eligibility guidelines and direct the Secretary of Homeland Security to allow DED-
eligible individuals to apply for employment authorization. Unlike TPS, the Secretary of State eligible individuals to apply for employment authorization. Unlike TPS, the Secretary of State
does not need to be consulted when DED is granted. In contrast to recipients of TPS, individuals does not need to be consulted when DED is granted. In contrast to recipients of TPS, individuals
who benefit from DED are not required to register for the status with USCIS unless they are who benefit from DED are not required to register for the status with USCIS unless they are
applying for work authorization.30 Instead, DED is triggered when a protected individual is applying for work authorization.30 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,
25 8 C.F.R. §244.16. 25 8 C.F.R. §244.16.
26 8 C.F.R. §244.14. 26 8 C.F.R. §244.14.
27 DED is not to be confused with deferred action, which the Department of Homeland Security defines as “a 27 DED is not to be confused with deferred action, which the Department of Homeland Security defines as “a
discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.” For more discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.” For more
information, see CRS Report R45158, information, see CRS Report R45158,
An Overview of Discretionary Reprieves from Removal: Deferred Action,
DACA, TPS, and Others and CRS Report R45995, and CRS Report R45995,
Unauthorized Childhood Arrivals, DACA, and Related Legislation. .
28 EVD status, which was used from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and
28 EVD status, which was used from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and
Uganda. Other countries whose nationals have benefitted in the past from a status similar to EVD include Cambodia, Uganda. Other countries whose nationals have benefitted in the past from a status similar to EVD include Cambodia,
Chile, Cuba, Czechoslovakia, Dominican Republic, Hungary, Laos, Romania, and Vietnam. Chile, Cuba, Czechoslovakia, Dominican Republic, Hungary, Laos, Romania, and Vietnam.
29 See, for example, Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s
29 See, for example, Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s
Republic of China,” Republic of China,”
Public Papers of the Presidents of the United States: George Bush XLI, President of the United
States: 1989-1993 (Washington: GPO, 1990); The White House (President Obama), Office of the Press Secretary, (Washington: GPO, 1990); The 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; The White House (President Trump), Office of the Press Secretary, “Deferred Enforced Departure September 28, 2016; 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, for Certain Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security,
January 19, 2021. January 19, 2021.
30 In general, the President directs executive agencies to implement procedures to provide DED and related benefits,
30 In general, the President directs executive agencies to implement procedures to provide DED and related benefits,
such as employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and such as employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and
Immigration Services, Immigration Services,
Temporary Protected Status (TPS) and Deferred Enforced Departure (DED), ,
https://www.uscis.gov/https://www.uscis.gov/
sites/default/files/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/TempProtectedStatus.pdfi-9-central/complete-correct-form-i-9/temporary-protected-status-and-deferred-enforced-departure. .
Congressional Research Service
Congressional Research Service
4
4
link to page 18
link to page 18
link to page 23 Temporary Protected Status and Deferred Enforced Departure
Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau, the Kosovo Province of Serbia, Kuwait,
Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau, the Kosovo Province of Serbia, Kuwait,
Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.31 Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.31
Rather than extending the initial Salvadoran TPS designation when it expired in 1992, President
Rather than extending the initial Salvadoran TPS designation when it expired in 1992, President
George H. W. Bush granted DED to an estimated 190,000 Salvadorans through December 1994. George H. W. Bush granted DED to an estimated 190,000 Salvadorans through December 1994.
President Bush also granted DED to about 80,000 Chinese nationals in the United States President Bush also granted DED to about 80,000 Chinese nationals in the United States
following the Tiananmen Square massacre in June 1989, and these individuals retained DED following the Tiananmen Square massacre in June 1989, and these individuals retained DED
status through January 1994.32 From 1991 to 1996, DED was also granted to about 2,200 Kuwaiti status through January 1994.32 From 1991 to 1996, DED was also granted to about 2,200 Kuwaiti
Persian Gulf evacuees who were airlifted to the United States after the 1990 Iraqi invasion of Persian Gulf evacuees who were airlifted to the United States after the 1990 Iraqi invasion of
Kuwait. In December 1997, President Clinton instructed the Attorney General to grant DED for Kuwait. In December 1997, President Clinton instructed the Attorney General to grant DED for
one year to Haitian nationals in the United States, providing time for the Administration to work one year to Haitian nationals in the United States, providing time for the Administration to work
with Congress on long-term legislative relief for Haitians.33 President George W. Bush directed with Congress on long-term legislative relief for Haitians.33 President George W. Bush directed
that DED be provided to Liberian nationals whose TPS was expiring in September 2007; Liberian that DED be provided to Liberian nationals whose TPS was expiring in September 2007; Liberian
DED was extended several times by President Obama.34 President Trump terminated DED for DED was extended several times by President Obama.34 President Trump terminated DED for
Liberians, but provided for extended wind-down periods that lasted until January 10, 2021 (for Liberians, but provided for extended wind-down periods that lasted until January 10, 2021 (for
more details, see the more details, see the
“Liberia” section).35 On President Trump’s last full day in office, he granted section).35 On President Trump’s last full day in office, he granted
DED to Venezuelans.36 President Biden DED to Venezuelans.36 President Biden
re-instatedreinstated DED for Liberians on his first day in office.37 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 In August 2021, President Biden granted DED to residents of Hong Kong living in the United
States.38States.38
DED for Venezuela expired on July 20, 2022, following its designation for TPS in March of 2021 (see “Venezuela” below).
31 For a current and historical list of TPS designations by country and links to 31 For a current and historical list of TPS designations by country and links to
Federal Register announcements, see announcements, see
U.S. Department of Justice, Executive Office for Immigration Review, U.S. Department of Justice, Executive Office for Immigration Review,
Temporary Protected Status, ,
https://www.justice.gov/eoir/temporary-protected-status. For a graph showing effective dates, bases for designation, https://www.justice.gov/eoir/temporary-protected-status. For a graph showing effective dates, bases for designation,
and types of TPS decisions for FY1990–FY2019, see U.S. Government Accountability Office, and types of TPS decisions for FY1990–FY2019, see U.S. Government Accountability Office,
Temporary 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.
32 Many of the beneficiaries of this DED grant were able to adjust to LPR status through the Chinese Student Protection
32 Many of the beneficiaries of this DED grant were able to adjust to LPR status through the Chinese Student Protection
Act of 1992 (P.L. 102-404). Act of 1992 (P.L. 102-404).
33 The Nicaraguan Adjustment and Central American Relief Act (NACARA) (Title II of P.L. 105-100) was enacted in
33 The Nicaraguan Adjustment and Central American Relief Act (NACARA) (Title II of P.L. 105-100) was enacted in
1997 and provided eligibility for LPR status to certain Nicaraguans, Cubans, Guatemalans, Salvadorans, and nationals 1997 and provided eligibility for LPR status to certain Nicaraguans, Cubans, Guatemalans, Salvadorans, and nationals
of the former Soviet bloc. President Clinton, among others, argued that Haitians deserved similar statutory treatment. of the former Soviet bloc. President Clinton, among others, argued that Haitians deserved similar statutory treatment.
The Haitian Refugee Immigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowing certain Haitian The Haitian Refugee Immigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowing certain Haitian
nationals who were in the United States before December 31, 1995 to adjust to LPR status. For more information, see nationals who were in the United States before December 31, 1995 to adjust to LPR status. For more information, see
archived CRS Report RS21349, archived CRS Report RS21349,
U.S. Immigration Policy on Haitian Migrants.
34 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country -
34 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country -
Liberia,” https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-liberia/ded-granted-Liberia,” https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-liberia/ded-granted-
country-liberia. country-liberia.
35 The White House (President Trump), Office of the Press Secretary, “Extending the Wind-Down Period for Deferred
35 The White House (President Trump), 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; The White House (President Trump), Office of the Press Secretary, “Extension of Deferred Security, March 30, 2020; The White House (President Trump), Office of the Press Secretary, “Extension of Deferred
Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland
Security, March 28, 2019; and The White House (President Trump), Office of the Press Secretary, “Expiration of Security, March 28, 2019; and The White House (President Trump), Office of the Press Secretary, “Expiration of
Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of
Homeland Security, March 27, 2018. Homeland Security, March 27, 2018.
36 The White House (President Trump), Office of the Press Secretary, “Deferred Enforced Departure for Certain
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 Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January
19, 2021. 19, 2021.
37 The White House (President Biden), Office of the Press Secretary, “Reinstating Deferred Enforced Departure for
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, Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 20,
2021. 2021.
38 The White House (President Biden), Office of the Press Secretary, “Memorandum on the Deferred Enforced
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 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
Congressional Research Service
5
5
link to page
link to page
1110 link to page link to page
1110 link to page 17 link to page link to page 17 link to page
1817 link to page link to page
2318 link to page link to page
1211 Temporary Protected Status and Deferred Enforced Departure
Current TPS and DED Designations
FifteenSixteen countries are currently designated for TPS countries are currently designated for TPS
and three countries are covered by a grant of DED. As of February 16. As of November 7, 2022, approximately , 2022, approximately
354,625537,075 foreign nationals from the following foreign nationals from the following
12 countries who were living in the United States were protected by TPS: Burma15 countries were protected by TPS: Afghanistan, Burma, Cameroon, El Salvador, Haiti, , El Salvador, Haiti,
Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria,
Ukraine, Venezuela, and Yemen. In Venezuela, and Yemen. In
addition, addition,
in March and Aprilon October 21, 2022, the Biden Administration announced 2022, the Biden Administration announced
threea new, 18-month new, 18-month
TPS designations for Ukraine, Afghanistan, and Cameroon. DHS estimates that 59,600 Ukrainian nationals, 74,500 Afghan nationals, and 11,700 CameroonianTPS designation for Ethiopia. Because this is a new designation, applications data are not yet available. However, DHS estimates that 26,700 Ethiopian nationals could be eligible to apply nationals could be eligible to apply
under these designationsunder this designation.39 .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 to
extendnewly designate, extend, or terminate—by the Secretary of DHS, the date from which individuals are required to 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
additionaddition, Table 1 shows the number of individuals protected by TPS as shows the number of individuals protected by TPS as
of November 7of February 16, 2022.40 , 2022.40
In addition to the countries designated for TPS, certain nationals from Liberia
In addition to the countries designated for TPS, certain nationals from Liberia
and Venezuela are are
covered by DED, as are certain Hong Kong residents currently present in the United States (see covered by DED, as are certain Hong Kong residents currently present in the United States (see
the the
“Hong Kong,” “Liberia,” and “Venezuela” Kong” and “Liberia” sections)sections)
. Table 2 shows the dates associated with shows the dates associated with
these grants. Individuals covered by DED are not required to register for the status with USCIS 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 unless they are applying for work authorization. As a result, USCIS does not maintain data on the
total population covered total population covered
by DED.
Homeland Security, August 5, 2021.
39 DHS email to CRS on October 21by 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. , 2022.
40 Prior USCIS data on TPS recipients included some individuals who also had LPR status and some who had become 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 naturalized U.S. citizens. USCIS now provides data on TPS recipients who do
not have LPR status or U.S. citizenship. 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 Thus, the numbers used in this report may be lower than those in prior versions of this report and
in USCIS’s annual TPS report to Congress, and more accurately more accurately
reflect those who rely on TPS to remain in the United States. reflect those who rely on TPS to remain in the United States.
Congressional Research Service
Congressional Research Service
6
6
link to page
link to page
11 link to page 11 link to page 11 link to page 11 link to page 1110 link to page link to page
1110 link to page link to page
1110 link to page link to page
1110 link to page link to page
11 link to page 11 link to page 1110 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
Afghanistan
New designation
New designation
March 15, 2022
March 15, 2022
September 2023d
N/Ae
Burma
New designation
March 11, 2021
November 25, 2022
380November 20, 2023
25
Burma
Extension and
September 25, 2022
May 25, 2024
1,195
redesignation
Cameroon
Cameroon
New designation
New designation
April 14, 2022
April 14, 2022
October, 2023d
N/AeDecember 7, 2023
645
El Salvador
El Salvador
Termination*
Termination*
February 13, 2001
February 13, 2001
September 9, 2019
September 9, 2019
193,940
Haiti (2010190,865
Ethiopia
New designation
October 20, 2022
May, 2024d
N/Ae
Haiti (2010/2011) )
Termination*
Termination*
January 12, 2011
January 12, 2011
July 22, 2019
July 22, 2019
39,650f27,465
Haiti (2021)
Haiti (2021)
New designation
New designation
July 29, 2021
July 29, 2021
February 3, 2023
February 3, 2023
3,240f59,595
Honduras
Honduras
Termination*
Termination*
December 30, 1998
December 30, 1998
January 5, 2020
January 5, 2020
58,62557,605
Nepal
Nepal
Termination*
Termination*
June 24, 2015
June 24, 2015
June 24, 2019
June 24, 2019
9,3558,545
Nicaragua
Nicaragua
Termination*
Termination*
December 30, 1998
December 30, 1998
January 5, 2019
January 5, 2019
3,
3,
130085
Somalia
Somalia
Extension and
Extension and
July 19, 2021
July 19, 2021
March 17, 2023
March 17, 2023
370
370
redesignation
redesignation
South Sudan
South Sudan
Extension and
Extension and
March 1, 2022
March 1, 2022
November 3, 2023
November 3, 2023
7580
redesignation
redesignation
Sudan (1997)
Sudan (1997)
Termination*
Termination*
January 9, 2013
January 9, 2013
November 2, 2018
November 2, 2018
535570
Sudan (2022)
Sudan (2022)
New designation
New designation
March 1, 2022
March 1, 2022
October 19, 2023
October 19, 2023
N/Ae280
Syria
Syria
Extension and
Extension and
March 19, 2021
September 30, 2022
3,910July 28, 2022
March 31, 2024
4,025
redesignation
redesignation
Ukraine
Ukraine
New designation
New designation
April 11, 2022
April 11, 2022
October 19, 2023
October 19, 2023
N/Ae 9,520
Venezuela
Venezuela
New designationExtension
March 8, 2021
March 8, 2021
September 9, 2022
40,400March 10, 2024
171,550
Yemen
Yemen
Extension and
Extension and
July 5, 2021
July 5, 2021
March 3, 2023
March 3, 2023
1,
1,
335510
redesignation
redesignation
Total
354,625537,075
Sources: CRS compilation of information from CRS compilation of information from
Federal Register announcements or press releases; numbers announcements or press releases; numbers
provided to CRS by USCIS. provided to CRS by USCIS.
NoteNotes: *Due to legal challenges, these terminations have not yet taken effect. Numbers are rounded to the : *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 rounding. nearest 5 by USCIS and may not sum to total due to rounding.
Total includes 120 individuals whose country of designation is listed as “Unknown.” a. The arrival date represents the date from which individuals are required to have continuously resided in the a. The arrival date represents the date from which individuals are required to have continuously resided in the
United States in order to qualify for TPS and is indicated in the most recent TPS designation for that
United States in order to qualify for TPS and is indicated in the most recent TPS designation for that
country. Unless a country is redesignated for TPS, the required arrival date does not change. A foreign country. Unless a country is redesignated for TPS, the required arrival date does not change. A foreign
national is not considered to have failed this requirement for a “brief, casual, and innocent” absence. 8 national is not considered to have failed this requirement for a “brief, casual, and innocent” absence. 8
U.S.C. §1254a(c) and 8 C.F.R. §244.1. U.S.C. §1254a(c) and 8 C.F.R. §244.1.
b. The expiration date represents the end of the most recent designation period and is subject to change
b. The expiration date represents the end of the most recent designation period and is subject to change
based on future decisions of the Secretary of DHS.
based on future decisions of the Secretary of DHS.
c. These data reflect the number of individuals (rounded to the nearest five by USCIS) with an approved TPS
c. These data reflect the number of individuals (rounded to the nearest five by USCIS) with an approved TPS
application as of
application as of
February 16November 7, 2022, who had not obtained LPR status or U.S. citizenship. The data may , 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 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. 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
d. The exact date wil be announced in the forthcoming
Federal Register notice. notice.
e. Because e. Because
the application period just beganthis is a new designation, data are not yet available, 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
Congressional Research Service
7
7
link to page
link to page
1211 link to page link to page
1211 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
Hong Kong
August 5, 2021
August 5, 2021
February 5, 2023
February 5, 2023
Liberia
Liberia
October 1, 2002May 20, 2017
June 30, 2024
June 30, 2022
Venezuela
January 20, 2021
July 20, 2022
Source: CRS compilation of information from CRS compilation of information from
Federal Register announcements and White House press releases. announcements and White House press releases.
a. The arrival date represents the date from which individuals are required to have continuously resided in the a. The arrival date represents the date from which individuals are required to have continuously resided in the
United States in order to qualify for DED.
United States in order to qualify for DED.
b. The expiration date represents the end of the most recent DED grant and is subject to change based on
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.
future decisions of the President.
Countries
Afghanistan
Tens of thousands of Afghans were evacuated and relocated to the United States in the summer of
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 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 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 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 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 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 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 Afghan evacuees were granted parole for two years,43 though some were reportedly granted
parole for one year.44 parole for one year.44
On March 15, 2022, DHS Secretary Mayorkas announced the designation of Afghanistan for TPS
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 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 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 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: 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 “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, 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 destruction of infrastructure, and increasing criminality.”47 According to DHS, the TPS
designation will allow some 74,500 designation will allow some 74,500
AfghansAfghans48 who were residing in the United States as of March 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, 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,
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 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. 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,”
44 Rebecca Beitsch, “DHS gives temporary protected status to Afghans in US,”
The Hill, March 16, 2022. , March 16, 2022.
45 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Afghanistan for Temporary Protected 45 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Afghanistan for Temporary Protected
Status,” press release, March 16, 2022. Status,” press release, March 16, 2022.
46 Ibid.
46 Ibid.
47 Ibid. 47 Ibid.
48 Email to CRS from DHS, March 17, 2022. 48 Email to CRS from DHS, March 17, 2022.
Congressional Research Service
Congressional Research Service
8
8
Temporary Protected Status and Deferred Enforced Departure
15, 2022, to remain and work legally through November 20, 2023. As of November 7, 2022, 25 applications for Afghanistan TPS had been approved.49
Burma
On February 1, 2021, Burma’s military seized control of Burma’s Union Government and
On February 1, 2021, Burma’s military seized control of Burma’s Union Government and
detained State Counselor Aung San Suu Kyi (the country’s de facto civilian leader) and members detained State Counselor Aung San Suu Kyi (the country’s de facto civilian leader) and members
of her political party. The military’s action was widely condemned internationally as a blow to 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.Burma’s partial transition from military rule to democracy.
4950 In subsequent weeks, the military In subsequent weeks, the military
used lethal force against peaceful protesters several times.used lethal force against peaceful protesters several times.
In a press release announcing the 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.”
5051 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
intimidation of the people of Burma. The coup has worsened humanitarian conditions in several intimidation of the people of Burma. The coup has worsened humanitarian conditions in several
areas by limiting access to life-saving assistance, disrupting flights carrying humanitarian and areas by limiting access to life-saving assistance, disrupting flights carrying humanitarian and
medical aid, and spurring an economic crisis.”medical aid, and spurring an economic crisis.”
51 52
Burma’s
Burma’s
initial designation designation
iswas for 18 months for 18 months
. (through November 25, 2022) and applied to Burmese nationals who Burmese nationals who
cancould demonstrate that they were demonstrate that they were
present in the United States as of March 11, 2021present in the United States as of March 11, 2021
are eligible. DHS estimates. DHS estimated that 1,600 that 1,600
individuals individuals
maycould be eligible under this designation. 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. 5053 On September 26, 2022, Secretary Mayorkas announced that he was extending Burma’s TPS designation for another 18 months and at the same time redesignating Burma, citing “continuing violence, large-scale human rights abuses, including arbitrary detentions and the use of deadly force against unarmed individuals, mass displacement of civilians, worsened humanitarian conditions and limited access to shelter, food, water, and medical care.”54 This redesignation makes Burmese nationals (and individuals having no nationality who last habitually resided in Burma) residing in the United States as of September 25, 2022, eligible for TPS. The redesignation takes effect on November 26, 2022, and will remain in effect through May 25, 2024. DHS estimates that approximately 2,290 additional individuals may be eligible for TPS under the redesignation of Burma.55 This population includes Burmese nationals who have
49 As of September 30, 2022, 2,625 applications had been received by USCIS. The application window for Afghanistan TPS is the entire 18-month period of the designation; as such, applications will be accepted through November 20, 2023.
50 See CRS Insight IN11594, Coup in Burma (Myanmar): Issues for U.S. Policy. 51 Department of Homeland Security, “Secretary Mayorkas Designates Burma for Temporary Protected Status,” press 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-release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-
protected-status. protected-status.
5152 Ibid. Ibid.
5253 U.S. Citizenship and Immigration Services, “Designation of Burma (Myanmar) for Temporary Protected Status,” 86 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 28132-28137, May 25, 2021; Michele Kelemen, “U.S. Offers Protected Status For People From
Myanmar As Coup Leaders Crack Down,” National Public Radio, March 12, 2021; Simon Lewis and Humeyra Pamuk, Myanmar As Coup Leaders Crack Down,” National Public Radio, March 12, 2021; Simon Lewis and Humeyra Pamuk,
“U.S. grants Myanmar nationals relief from deportation after military coup,” “U.S. grants Myanmar nationals relief from deportation after military coup,”
Reuters, March 12, 2021; Joe Walsh, , March 12, 2021; Joe Walsh,
“Biden Offers Deportation Relief To Myanmar Nationals Amid Coup Chaos,” “Biden Offers Deportation Relief To Myanmar Nationals Amid Coup Chaos,”
Forbes, March 12, 2021. , 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
54 Department of Homeland Security, “Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Burma,” press release, September 26, 2022, https://www.dhs.gov/news/2022/09/26/secretary-mayorkas-extends-and-redesignates-temporary-protected-status-burma.
55 U.S. Citizenship and Immigration Services, “Extension and Redesignation of Burma (Myanmar) for Temporary Protected Status,” 87 Federal Register 58515-58524, September 27, 2022.
Congressional Research Service
9
Temporary Protected Status and Deferred Enforced Departure
entered the United States since March 11, 2021, who are in nonimmigrant status or without immigration status.
Cameroon
Cameroon faces security crises on several fronts.56 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.57 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.
On April 15, 2022, DHS Secretary Mayorkas announced that he was designating Cameroon for
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 TPS based on armed conflict and extraordinary conditions that prevent its nationals from
returning to Cameroon safely. The announcement cited “the extreme violence between 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 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 well as the widespread destruction of civilian infrastructure, which “have led to economic
instability, food insecurity, and several hundred thousand displaced Cameroonians without access instability, food insecurity, and several hundred thousand displaced Cameroonians without access
to schools, hospitals, and other critical services.”to schools, hospitals, and other critical services.”
5558 The 18-month designation covers nationals of The 18-month designation covers nationals of
Cameroon who were residing in the United States as of April 14, 2022. DHS estimates that Cameroon who were residing in the United States as of April 14, 2022. DHS estimates that
11,700 11,700
will beindividuals are eligible to file applications for TPS under the designation of Cameroon. 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
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.establishing TPS) to eligible Salvadoran nationals in the United States.
5659 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 conditions” caused by Hurricane Mitch.living conditions” caused by Hurricane Mitch.
5760 Prior to leaving office in January 2001, President
56 This paragraph is based on CRS Report R46919, Cameroon: Key Issues and U.S. Policy. 57 Human Rights Watch, “‘How Can You Throw Us Back?’: Asylum Seekers Abused in the US and Deported to Harm in Cameroon,” February 10, 2022.
58 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 months,” press release, April 15, 2022. 59 For historical analysis, see archived CRS Report IB87205, Immigration Status of Salvadorans and Nicaraguans (available to congressional clients upon request).
60 U.S. Department of Justice, Immigration and Naturalization Service, “The Designation of Honduras Under Temporary Protected Status,” 64 Federal Register 524-526, January 5, 1999; U.S. Department of Justice, Immigration and Naturalization Service, “The Designation of Nicaragua Under Temporary Protected Status,” 64 Federal Register 526-528, January 5, 1999.
Congressional Research Service
10
Temporary Protected Status and Deferred Enforced Departure
Prior to leaving office in January 2001, President Clinton said that his Administration would temporarily suspend deportations to El Salvador Clinton said that his Administration would temporarily suspend deportations to El Salvador
because of a major earthquake. In 2001, the George W. Bush Administration granted TPS to because of a major earthquake. In 2001, the George W. Bush Administration granted TPS to
Salvadoran nationals following two earthquakes that rocked the country.Salvadoran nationals following two earthquakes that rocked the country.
5861
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 still for Central Americans from El Salvador, Honduras, and Nicaragua on the rationale that it was 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 in late 2017, the Trump Administration announced decisions to terminate TPS for
Beginning in late 2017, the Trump Administration announced decisions to terminate TPS for
Nicaragua and El Salvador and to put on hold a decision about Honduras. In November 2017, Nicaragua and El Salvador and to put on hold a decision about Honduras. In November 2017,
DHS announced that TPS for Nicaragua would end on January 5, 2019—12 months after its last DHS announced that TPS for Nicaragua would end on January 5, 2019—12 months after its last
designation would have expired—due to “recovery efforts relating to Hurricane Mitch [that] have designation would have expired—due to “recovery efforts relating to Hurricane Mitch [that] have
largely been completed.”largely been completed.”
5962 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.
6063 On May 4, 2018, DHS announced its decision to terminate 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 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 Report IB87205, Immigration Status of Salvadorans and Nicaraguans (available to congressional clients upon request).
57 U.S. Department of Justice, Immigration and Naturalization Service, “The Designation of Honduras Under Temporary Protected Status,” 64 Federal Register 524-526, January 5, 1999; U.S. Department of Justice, Immigration and Naturalization Service, “The Designation of Nicaragua Under Temporary Protected Status,” 64 Federal Register 526-528, January 5, 1999.
58orderly transition.64 The terminations for Nicaragua and Honduras are on hold due to a legal challenge.65
On January 8, 2018, DHS announced its decision to terminate TPS for El Salvador—whose nationals accounted for about 60% of all TPS recipients at the time—after an 18-month transition period. El Salvador’s TPS designation was scheduled to end on September 9, 2019,66 but the termination has not yet taken effect due to a legal challenge.67 DHS announced in October 2019—as part of agreements with El Salvador related to information sharing and security—that it would extend the validity of work permits through January 4, 2021, for Salvadorans with TPS. The 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 home country.”68 To comply with court orders, DHS has since extended TPS-related documentation
61 U.S. Department of Justice Immigration and Naturalization Service, “The Designation of El Salvador Under U.S. Department of Justice Immigration and Naturalization Service, “The Designation of El Salvador Under
Temporary Protected Status,” 66Temporary Protected Status,” 66
Federal Register 14214-14216, March 9, 2001. 14214-14216, March 9, 2001.
5962 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Termination of the Designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Termination of the Designation
of Nicaragua for Temporary Protected Status,” 82 of Nicaragua for Temporary Protected Status,” 82
Federal Register 59636-59642, December 15, 2017. 59636-59642, December 15, 2017.
6063 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Honduras for Temporary Protected Status,”82 of Honduras for Temporary Protected Status,”82
Federal Register 59630-59636, December 15, 2017. 59630-59636, December 15, 2017.
Congressional Research Service
10
Temporary Protected Status and Deferred Enforced Departure
orderly transition.61 The terminations for Nicaragua and Honduras are on hold due to a legal challenge.62
On January 8, 2018, DHS announced its decision to terminate TPS for El Salvador—whose nationals account for about 55% of all current TPS recipients—after an 18-month transition period. El Salvador’s TPS designation was scheduled to end on September 9, 2019,63 but the termination has not yet taken effect due to a legal challenge.64 DHS announced in October 2019—as part of agreements with El Salvador related to information sharing and security—that it would extend the validity of work permits through January 4, 2021, for Salvadorans with TPS. To comply with court orders, DHS has since extended TPS-related documentation through December 31, 2022, for individuals from El Salvador, Nicaragua, Honduras, and other specified countries.65 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 home country.”66 These actions do not equate to a TPS extension, as defined in statute.6764 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for Honduras,” press release, May 4, 2018.
65 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.
66 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for El Salvador,” press release, January 8, 2018, https://www.dhs.gov/news/2018/01/08/secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
67 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.
68 U.S. Department of Homeland Security, “U.S. and El Salvador Sign Arrangements on Security and Information Sharing; Give Salvadorans with TPS More Time,” press release, October 28, 2019, https://www.dhs.gov/news/2019/10/28/us-and-el-salvador-sign-arrangements-security-information-sharing-give-salvadorans.
Congressional Research Service
11
Temporary Protected Status and Deferred Enforced Departure
through June 30, 2024, for individuals from El Salvador, Nicaragua, Honduras, and other specified countries.69 These actions do not equate to a TPS extension, as defined in statute.70
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.
6871 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 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
61 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary 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.
62 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.
63 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for El Salvador,” press release, January 8, 2018, https://www.dhs.gov/news/2018/01/08/secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
64 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.
65Ethiopia
Armed conflict in Ethiopia’s Tigray regional state broke out in late 2020, fueling a large-scale humanitarian crisis and attracting international concern amid reports of starvation and atrocities.72 The conflict spread into parts of neighboring states in 2021 before a humanitarian truce was declared in March 2022. The warring parties resumed hostilities in late August 2022, prompting concern by international observers that the renewed hostilities might spur a new wave of human rights abuses and possible atrocities.73 Armed conflict is also occurring in other parts of the country, including in parts of its largest and most populous region, Oromia. There are also humanitarian crises linked to drought and conflict.
On October 21, 2022, DHS announced the designation of Ethiopia for TPS, citing “conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought, and displacement.”74 When announcing TPS for Ethiopia, DHS further stated:
Due to the armed conflict, civilians are at risk of conflict-related violence, including attacks, killings, rape, and other forms of gender-based violence; ethnicity-based detentions; and human rights violations and abuses. Extraordinary and temporary conditions that further prevent nationals from returning in safety include a humanitarian crisis involving severe food insecurity, flooding, drought, large-scale displacement, and the impact of disease outbreaks.
69 For more information, see Department of Homeland Security, U.S. Citizenship and Immigration Services, For more information, see Department of Homeland Security, U.S. Citizenship and Immigration Services,
“Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, “Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal,” Nicaragua, Sudan, Honduras, and Nepal,”
8687 Federal Register 50725-50733, September 10, 2021. 66 U.S. Department of Homeland Security, “U.S. and El Salvador Sign Arrangements on Security and Information Sharing; Give Salvadorans with TPS More Time,” press release, October 28, 2019, https://www.dhs.gov/news/2019/10/28/us-and-el-salvador-sign-arrangements-security-information-sharing-give-salvadorans.
67 68717-68725, November 16, 2022. 70 See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)). See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)).
6871 For information on country conditions, see CRS Report R43616, For information on country conditions, see CRS Report R43616,
El Salvador: Background and U.S. Relations; CRS ; CRS
Report R44560, Report R44560,
Nicaragua: In Brief; and CRS Report RL34027, ; and CRS Report RL34027,
Honduras: Background and U.S. Relations. .
72 CRS Report R46905, Ethiopia’s Transition and the Tigray Conflict. 73 See, for example, The U.S. Holocaust Memorial Museum, “Museum Warns of Heightened Risk of Genocide, Mass Atrocities in Ethiopia,” October 25, 2022. Peace talks resulted in a November 2, 2022, agreement to stop the fighting, providing a possible path to peace. See U.S. Department of State, “On the African Union-led Peace Talks,” November 2, 2022.
74 U.S. Department of Homeland Security, “DHS Designates Ethiopia for Temporary Protected Status for 18 Months,” press release, October 21, 2022.
Congressional Research Service
12Congressional Research Service
11
Temporary Protected Status and Deferred Enforced Departure
Ethiopia’s designation is for 18 months and will begin when the notice is published in the Federal Register.75 DHS estimates that approximately 26,700 Ethiopians residing in the United States as of October 20, 2022, are eligible to apply.
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 security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19 pandemic.”76basic resources, which are exacerbated by the COVID-19 pandemic.”69 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.
7077 DHS DHS
estimates that 155,000 Haitians may be eligible under this designation,estimates that 155,000 Haitians may be eligible under this designation,
7178 which includes which includes
individuals who are currently covered by the separate TPS designation that began in 2010. individuals 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 calls for
The 2010 designation was made after the January 12, 2010 earthquake in Haiti prompted calls 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.
7279 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.
7380 At the time, At the time,
then-DHS Secretary Janet Napolitano stated: “Providing a temporary refuge for Haitian nationals then-DHS Secretary Janet Napolitano stated: “Providing a temporary refuge for Haitian nationals
who are currently in the United States and whose personal safety would be endangered by who are currently in the United States and whose personal safety would be endangered by
returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.”returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.”
7481 On July 13, 2010, DHS announced a six-month extension of the TPS registration period for On July 13, 2010, DHS announced a six-month extension of the TPS registration period for
Haitian nationals, citing difficulties nationals were experiencing in obtaining documents to Haitian nationals, citing difficulties nationals were experiencing in obtaining documents to
establish identity and nationality, and in gathering funds required to apply for TPS.establish identity and nationality, and in gathering funds required to apply for TPS.
75
DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS, through January 22, 2013.76 At the same time, DHS issued a redesignation, enabling eligible Haitian nationals who had arrived in the United States up to one year after the earthquake to receive TPS. The redesignation targeted individuals who were allowed to enter the United States immediately after the earthquake on temporary visas or humanitarian parole,77 but were not
6982
75 As of the cover date of this report, the Federal Register notice had not been published. 76 Department of Homeland Security, “Secretary Mayorkas Designates Haiti for Temporary Protected Status for 18 Department of Homeland Security, “Secretary Mayorkas Designates Haiti for Temporary 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 country conditions, see the “Haiti” section in CRS temporary-protected-status-18-months. For further information on country conditions, see the “Haiti” section in CRS
Report R46781, Report R46781,
Latin America and the Caribbean: U.S. Policy and Key Issues in the 117th Congress, coordinated by , coordinated by
Mark P. Sullivan. Mark P. Sullivan.
7077 Senate Foreign Relations Committee, “Menendez, Rubio Urge Biden Administration to Re-designate Haiti for TPS,” Senate Foreign Relations Committee, “Menendez, Rubio Urge Biden Administration to Re-designate Haiti for 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.
7178 United States Citizenship and Immigration Services, “Designation of Haiti for Temporary Protected Status,” 86 United States Citizenship and Immigration Services, “Designation of Haiti for Temporary Protected Status,” 86
Federal Register 41863-41871, August 3, 2021. 41863-41871, August 3, 2021.
7279 The issue of Haitian TPS had arisen several times prior, most notably after the U.S. Ambassador declared Haiti a The issue of Haitian TPS had arisen several times prior, most notably after the U.S. Ambassador declared Haiti a
disaster in September 2004 due to the magnitude of the effects of Tropical Storm Jeanne. A series of tropical cyclones disaster in September 2004 due to the magnitude of the effects of Tropical Storm Jeanne. A series of tropical cyclones
in 2008 resulted in hundreds of deaths and led some to label the city of Gonaives uninhabitable. The George W. Bush in 2008 resulted in hundreds of deaths and led some to label the city of Gonaives uninhabitable. The George W. Bush
Administration did not grant TPS or another form of blanket relief to Haitians, nor was legislation enacted that would Administration did not grant TPS or another form of blanket relief to Haitians, nor was legislation enacted that would
have provided TPS to Haitians, such as H.R. 522 in the 110th Congress. For background information on Haitian have provided TPS to Haitians, such as H.R. 522 in the 110th Congress. For background information on Haitian
migration to the United States, see archived CRS Report RS21349, migration to the United States, see archived CRS Report RS21349,
U.S. Immigration Policy on Haitian Migrants. .
7380 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for
Temporary Protected Status,” 75Temporary Protected Status,” 75
Federal Register 3476-3479, January 21, 2010. 3476-3479, January 21, 2010.
7481 U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15, U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15,
2010. 2010.
7582 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial
Registration Period for Haitians under the Temporary Protected Status Program,” 75Registration Period for Haitians under the Temporary Protected Status Program,” 75
Federal Register 39957, July 13, 39957, July 13,
2010. 2010.
76 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of Temporary Protected Status for Haitian Beneficiaries,” press release, May 17, 2011.
77 Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to be granted authorization to enter the United State for a temporary period. INA §212(d)(5) (8 U.S.C. §1182(d)(5)). For more information, see CRS Report R46570, Immigration Parole.
Congressional Research Service
12
Temporary Protected Status and Deferred Enforced Departure
covered by the initial TPS designation.78Congressional Research Service
13
Temporary Protected Status and Deferred Enforced Departure
DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS, through January 22, 2013.83 At the same time, DHS issued a redesignation, enabling eligible Haitian nationals who had arrived in the United States up to one year after the earthquake to receive TPS. The redesignation targeted individuals who were allowed to enter the United States immediately after the earthquake on temporary visas or humanitarian parole,84 but were not covered by the initial TPS designation.85 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.
7986
A May 2, 2017
A May 2, 2017
, letter from members of the Congressional Black Caucus to then-DHS Secretary letter from members of the Congressional Black Caucus to then-DHS Secretary
John Kelly urged another 18-month extension of TPS for Haiti, citing continued recovery John Kelly urged another 18-month extension of TPS for Haiti, citing continued recovery
difficulties from the 2010 earthquake that killed over 300,000 people, an ongoing cholera difficulties from the 2010 earthquake that killed 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.
8087 On May 24, 2017, Kelly On May 24, 2017, Kelly
extended Haiti’s TPS designation for six months (the minimum allowed by statute), from its extended Haiti’s TPS designation for six months (the minimum allowed 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.
8188 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.
8289 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,
8390 but the termination has not yet taken effect but the termination has not yet taken effect
due to legal challenges.due to legal challenges.
8491 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 began in 2010 and wish to be covered by the
new2021 designation must submit a new application to 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.”85 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 called for their immediate release, tweeting, “Political participation and freedom of expression should not be crimes.”86 On August 5, 2021, President Biden granted DED to certain Hong Kong residents currently in the United States citing the “significant erosion” of human rights and fundamental freedoms.87 Under this directive, eligible individuals may apply to DHS for work
78
83 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of Temporary Protected Status for Haitian Beneficiaries,” press release, May 17, 2011. 84 Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to be granted authorization to enter the United State for a temporary period. INA §212(d)(5) (8 U.S.C. §1182(d)(5)). For more information, see CRS Report R46570, Immigration Parole.
85 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Re-designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Re-designation
of Haiti for Temporary Protected Status,” 76 of Haiti for Temporary Protected Status,” 76
Federal Register 29000-29004, May 19, 2011. 29000-29004, May 19, 2011.
7986 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for Temporary Protected Status,” 80of Haiti for Temporary Protected Status,” 80
Federal Register 51582-51588, August 25, 2015. 51582-51588, August 25, 2015.
8087 For conditions following Hurricane Matthew, see CRS In Focus IF10502, For conditions following Hurricane Matthew, see CRS In Focus IF10502,
Haiti: Cholera, the United Nations, and
Hurricane Matthew. .
8188 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for Temporary Protected Status,” 82of Haiti for Temporary Protected Status,” 82
Federal Register 23830-23837, May 24, 2017. 23830-23837, May 24, 2017.
8289 Letter from Paul G. Altidor, Ambassador to the United States from Haiti, to Elaine C. Duke, Acting Secretary of the Letter from Paul G. Altidor, Ambassador to the United States from Haiti, to Elaine C. Duke, Acting Secretary of the
Department of Homeland Security, October 4, 2017. Department of Homeland Security, October 4, 2017.
8390 U.S. Department of Homeland Security, “Acting Secretary Elaine Duke Announcement On Temporary Protected U.S. Department of Homeland Security, “Acting Secretary Elaine Duke Announcement On Temporary Protected
Status For Haiti,” press release, November 20, 2017, https://www.dhs.gov/news/2017/11/20/acting-secretary-elaine-Status For Haiti,” press release, November 20, 2017, https://www.dhs.gov/news/2017/11/20/acting-secretary-elaine-
duke-announcement-temporary-protected-status-haiti. duke-announcement-temporary-protected-status-haiti.
8491 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541,
Ninth Circuit
Decision Allows Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward. .
85 See CRS In Focus IF10119, China Primer: U.S.-China Relations. 86 Ibid. 87 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
13
Temporary Protected Status and Deferred Enforced Departure
Congressional Research Service
14
Temporary Protected Status and Deferred Enforced Departure
autonomy.”92 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 called for their immediate release, tweeting, “Political participation and freedom of expression should not be crimes.”93 On August 5, 2021, President Biden granted DED to certain Hong Kong residents currently in the United States citing the “significant erosion” of human rights and fundamental freedoms.94 Under this directive, eligible individuals may apply to DHS for work authorization and are not subject to removal from the United States for the next 18 months. DHS 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.estimated that the Hong Kong population eligible for DED was 3,860 in March 2021.
8895
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.
8996 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.
9097 In 2006, the George W. Bush Administration In 2006, the George W. Bush Administration
announced that TPS for Liberia would expire on October 1, 2007, but that covered Liberians announced that TPS for Liberia would expire on October 1, 2007, but that covered Liberians
would be eligible for DED until March 31, 2009. On March 23, 2009, President Obama extended would be eligible for DED until March 31, 2009. On March 23, 2009, President Obama extended
DED for those Liberians until March 31, 2010, and several times thereafter.DED for those Liberians until March 31, 2010, and several times thereafter.
9198
As a result of the 2014-2016 Ebola outbreak in West Africa, eligible Liberians were again granted
As a result of the 2014-2016 Ebola outbreak in West Africa, eligible Liberians were again granted
TPS, as were eligible Sierra Leoneans and Guineans.TPS, as were eligible Sierra Leoneans and Guineans.
9299 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.”
93100 Similar termination Similar termination
notices were issued for Sierra Leone and Guinea. notices were issued for Sierra Leone and Guinea.
For a specially designated population of Liberians who had been residing in the United States since October 2002, their DED status was extended by President Obama through March 31, 2018.94 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 policy interests warranted a 12-month wind-down period.95 A lawsuit challenging the termination
88 Email to CRS from USCIS, January 7, 2022. 89
92 See CRS In Focus IF10119, China Primer: U.S.-China Relations. 93 Ibid. 94 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.
95 Email to CRS from USCIS, January 7, 2022. 96 See archived CRS Report RL32243, See archived CRS Report RL32243,
Liberia: Transition to Peace. .
9097 U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the Temporary U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the Temporary
Protected Status Program,” 67Protected Status Program,” 67
Federal Register 61664-61667, October 1, 2002. 61664-61667, October 1, 2002.
9198 See, for example, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Filing See, for example, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Filing
Procedures and Automatic Extension of Employment Authorization and Related Documentation for Liberians Provided Procedures and Automatic Extension of Employment Authorization and Related Documentation for Liberians Provided
Deferred Enforced Departure,” 75Deferred Enforced Departure,” 75
Federal Register 15715, March 30, 2010; The White House (President Obama), 15715, March 30, 2010; The White House (President Obama),
Office of the Press Secretary, “Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary Office of the Press Secretary, “Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary
of Homeland Security, September 28, 2016. of Homeland Security, September 28, 2016.
9299 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Liberia for U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Liberia for
Temporary Protected Status,” 79Temporary Protected Status,” 79
Federal Register 69502-69502, November 21, 2014; and U.S. Department of 69502-69502, November 21, 2014; and U.S. Department of
Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial Registration Period for Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial Registration Period for
Guinea, Liberia and Sierra Leone for Temporary Protected Status,” 80Guinea, Liberia and Sierra Leone for Temporary Protected Status,” 80
Federal Register, Number 122, 36551-36552,
June 25, 2015. June 25, 2015.
93100 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Six-Month Extension of U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Six-Month Extension of
Temporary Protected Status Benefits for Orderly Transition Before Termination of Liberia’s Designation for Temporary Protected Status Benefits for Orderly Transition Before Termination of Liberia’s Designation for
Temporary Protected Status,” 81Temporary Protected Status,” 81
Federal Register 66059-66064, September 26, 2016. 66059-66064, September 26, 2016.
94 The 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.
95 The White House (President Trump), Office of the Press Secretary, “Expiration of Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 27, 2018.
Congressional Research Service
14
Temporary Protected Status and Deferred Enforced Departure
was filed in federal court on March 8, 2019.96
Congressional Research Service
15
Temporary Protected Status and Deferred Enforced Departure
For a specially designated population of Liberians who had been residing in the United States since October 2002, their DED status was extended by President Obama through March 31, 2018.101 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 policy interests warranted a 12-month wind-down period.102 A lawsuit challenging the termination was filed in federal court on March 8, 2019.103 Three days before the effective termination date, Three days before the effective termination date,
President Trump—citing congressional efforts to provide longer-term relief for Liberians—President Trump—citing congressional efforts to provide longer-term relief for Liberians—
announced a 12-month extension of the wind-down period, to last through March 30, 2020.announced a 12-month extension of the wind-down period, to last through March 30, 2020.
97104 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).
On January 20, 2021, his first day in office, President Biden reinstated DED for Liberians who had been covered by the prior DED grant.98 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 allows Liberians who have been the FY2020 National Defense Authorization Act (NDAA). LRIF allows 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).
99105 The deadline for submitting LRIF applications was December 20, The deadline for submitting LRIF applications was December 20,
2021. 2021.
Nepal
Nepal was devastated by a massive earthquake on April 25, 2015, killing over 8,000 people. The earthquake and subsequent aftershocks demolished much of Nepal’s housing and infrastructure in many areas. Over half a million homes were reportedly destroyed.100 On June 24, 2015, citing a 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.101 TPS for Nepal was extended for 18 months in October 2016.102 On April 26, 2018, then-Secretary Kirstjen Nielsen announced her decision to terminate the TPS designation for Nepal, citing her assessment that the original conditions under which the country was designated were no longer substantial and that Nepal could adequately handle the return of its nationals.103 A 12-month delay of the termination date to allow for an orderly transition was also announced; the TPS designation for Nepal was
96 Complaint, African Cmtys. Together v. Trump, No. 1:19-cv-10432 (D. Mass. Mar. 8, 2019). 97Liberia’s DED grant expired on January 10, 2021. On his first day in office, President Biden reinstated DED through June 30, 2022, for Liberians who had been covered by the prior DED grant, citing foreign policy reasons and a desire to provide protection and work authorization for Liberians in the process of adjusting status under LRIF.106 In June 2022, President Biden announced a two-year extension of DED for Liberia and expanded the eligibility to include Liberians who have been continuously present in the United States since May 20, 2017.107 This date aligns with the end of Liberia’s most recent TPS designation and thus allows certain individuals who may be eligible for LRIF and/or were not covered by the prior DED grant to receive protection from removal and work authorization. In his memorandum extending DED, President Biden stated, “Providing protection from removal and work authorization to these Liberians, for whom we have long authorized TPS or DED in the United States, including while
101 The 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.
102 The White House (President Trump), Office of the Press Secretary, “Expiration of Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 27, 2018.
103 Complaint, African Cmtys. Together v. Trump, No. 1:19-cv-10432 (D. Mass. Mar. 8, 2019). 104 The White House (President Trump), Office of the Press Secretary, “Extension of Deferred Enforced Departure for The White House (President Trump), 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.
98105 Section 901 of the Consolidated Appropriations Act, 2021 (P.L. 116-260) extended by one year the deadline to apply for LRIF (to December 20, 2021).
106 The White House (President Biden), Office of the Press Secretary, “Reinstating Deferred Enforced Departure for 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, Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 20,
2021. 2021.
99 Section 901 of the Consolidated Appropriations Act, 2021 (P.L. 116-260) extended by one year the deadline to apply for LRIF (to December 20, 2021).
100 See CRS Report R44303, Nepal: Political Developments and U.S. Relations. For information on more recent country conditions, see CRS In Focus IF10216, Nepal.
101 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for Temporary Protected Status,” 80 Federal Register 36346-36350, June 24, 2015. 102 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation of Nepal for Temporary Protected Status,” 81 Federal Register 74470-74475, October 26, 2016.
103 U.S. Department of Homeland Security, “Secretary Kirstjen M. Nielsen Announcement on Temporary Protected Status for Nepal,” press release, April 26, 2018, https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-announcement-temporary-protected-status-nepal.
Congressional Research Service
15
Temporary Protected Status and Deferred Enforced Departure
thus set to terminate on June 24, 2019.104 The termination has not yet taken effect due to a legal challenge.105107 The White House (President Biden), Office of the Press Secretary, “Extending and Expanding Eligibility for Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, June 27, 2022.
Congressional Research Service
16
Temporary Protected Status and Deferred Enforced Departure
they complete the LRIF status-adjustment process, honors the historic close relationship between the United States and Liberia and is in the foreign policy interests of the United States.”108
Nepal
Nepal was devastated by a massive earthquake on April 25, 2015, killing over 8,000 people. The earthquake and subsequent aftershocks demolished much of Nepal’s housing and infrastructure in many areas. Over half a million homes were reportedly destroyed.109 On June 24, 2015, citing a 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.110 TPS for Nepal was extended for 18 months in October 2016.111 On April 26, 2018, then-Secretary Kirstjen Nielsen announced her decision to terminate the TPS designation for Nepal, citing her assessment that the original conditions under which the country was designated were no longer substantial and that Nepal could adequately handle the return of its nationals.112 A 12-month delay of the termination date to allow for an orderly transition was also announced; the TPS designation for Nepal was thus set to terminate on June 24, 2019.113 The termination has not yet taken effect due to a legal challenge.114
Somalia
Somalia has endured decades of chronic instability and humanitarian crises. Since the collapse of
Somalia has endured decades of chronic instability and humanitarian crises. Since the collapse of
the authoritarian Siad Barre regime in 1991, it has lacked a viable central authority capable of the authoritarian Siad Barre regime in 1991, it has lacked a viable central authority capable of
exerting territorial control, securing its borders, or providing security and services to its people.exerting territorial control, securing its borders, or providing security and services to its people.
106115 Somalia was first designated for TPS in 1991 based on “extraordinary and temporary conditions Somalia was first designated for TPS in 1991 based on “extraordinary and temporary conditions
… that prevent aliens who are nationals of Somalia from returning to Somalia in safety.”… that prevent aliens who are nationals of Somalia from returning to Somalia in safety.”
107116 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 allowing additional individuals who have been continuously residing in the forward and thereby allowing 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.
108
Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.109 Citing both ongoing armed conflict and extraordinary and temporary conditions that would prevent the safe return of Sudanese nationals, the Attorney General designated Sudan for TPS on November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 15 times.
On July 9, 2011, South Sudan became a new nation.110 With South Sudan’s independence from the Republic of Sudan, questions arose about whether nationals of the new nation would continue to be eligible for TPS. In response, then-Secretary Napolitano designated South Sudan for TPS on October 17, 2011.111 TPS has been extended or redesignated eight times since then due to ongoing armed conflict and extraordinary and temporary conditions in South Sudan, including “ongoing civil war marked by brutal violence against civilians, egregious human rights violations and abuses, and a humanitarian disaster on a devastating scale across the country.”112 The latest extension was for 18 months and expires on November 3, 2023.113 This extension was
104 Ibid. 105117
108 Ibid. 109 See CRS Report R44303, Nepal: Political Developments and U.S. Relations. For information on more recent country conditions, see CRS In Focus IF10216, Nepal.
110 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for Temporary Protected Status,” 80 Federal Register 36346-36350, June 24, 2015.
111 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation of Nepal for Temporary Protected Status,” 81 Federal Register 74470-74475, October 26, 2016. 112 U.S. Department of Homeland Security, “Secretary Kirstjen M. Nielsen Announcement on Temporary Protected Status for Nepal,” press release, April 26, 2018, https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-announcement-temporary-protected-status-nepal.
113 Ibid. 114 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541,
Ninth Circuit
Decision Allows Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward. .
106115 See CRS In Focus IF10155, See CRS In Focus IF10155,
Somalia. .
107116 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for
Temporary Protected Status,” 56 Temporary Protected Status,” 56
Federal Register 46804-46805, September 16, 1991. 46804-46805, September 16, 1991.
108117 United States Citizenship and Immigration Services, “Extension and Redesignation of Somalia for Temporary United States Citizenship and Immigration Services, “Extension and Redesignation of Somalia for Temporary
Protected Status,” 86Protected Status,” 86
Federal Register 38744-38753, July 22, 2021. 38744-38753, July 22, 2021.
109 See CRS In Focus IF10182, Sudan. 110 See CRS In Focus IF10218, South Sudan. 111 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of South Sudan for Temporary Protected Status,” 76 Federal Register 63629-63635, October 13, 2011.
112 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for Temporary Protected Status,” 82 Federal Register 44205-44211, September 21, 2017. 113 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of South Sudan for Temporary Protected Status,” 87 Federal Register 12190-12201, March 3, 2022.
Congressional Research Service
16
Temporary Protected Status and Deferred Enforced Departure
Congressional Research Service
17
Temporary Protected Status and Deferred Enforced Departure
Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.118 Citing both ongoing armed conflict and extraordinary and temporary conditions that would prevent the safe return of Sudanese nationals, the Attorney General designated Sudan for TPS on November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 15 times.
On July 9, 2011, South Sudan became a new nation.119 With South Sudan’s independence from the Republic of Sudan, questions arose about whether nationals of the new nation would continue to be eligible for TPS. In response, then-Secretary Napolitano designated South Sudan for TPS on October 17, 2011.120 TPS has been extended or redesignated eight times since then due to ongoing armed conflict and extraordinary and temporary conditions in South Sudan, including “ongoing civil war marked by brutal violence against civilians, egregious human rights violations and abuses, and a humanitarian disaster on a devastating scale across the country.”121 The latest extension was for 18 months and expires on November 3, 2023.122 This extension was accompanied by a redesignation, which allows nationals of South Sudan who have been 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. 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 increase in food
Citing improved conditions in Sudan, including a reduction in violence and an increase in food
harvests, then-Acting DHS Secretary Duke announced in September 2017 that Sudan’s TPS harvests, then-Acting DHS Secretary Duke announced in September 2017 that Sudan’s TPS
designation would expire on November 2, 2018.designation would expire on November 2, 2018.
114123 The termination has not yet taken effect due to The termination has not yet taken effect due to
a legal challenge.a legal challenge.
115124
On March 2, 2022, Secretary Mayorkas announced a new designation for Sudan based on
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 extraordinary and temporary conditions that prevent Sudanese from returning safely. The
announcement stated, “The recent military takeover of Sudan’s government has triggered political 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 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 unprecedented floods; food and clean water shortages; violence between the communities of
Darfur, Blue Nile, and South Kordofan; and internal displacement is ongoing.”Darfur, Blue Nile, and South Kordofan; and internal displacement is ongoing.”
116125 This new This new
designation is for 18 months and applies to nationals of Sudan who have been living in the United 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 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. 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 DHS estimates that approximately 3,090 individuals are eligible to file applications for TPS under
the designation of Sudan.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 million Syrians fleeing the country and 6.2 million more internally displaced as of early 2020.118 126
118 See CRS In Focus IF10182, Sudan. 119 See CRS In Focus IF10218, South Sudan. 120 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of South Sudan for Temporary Protected Status,” 76 Federal Register 63629-63635, October 13, 2011. 121 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for Temporary Protected Status,” 82 Federal Register 44205-44211, September 21, 2017. 122 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of South Sudan for Temporary Protected Status,” 87 Federal Register 12190-12201, March 3, 2022. 123 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. 124 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.
125 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.
126 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Sudan for
Congressional Research Service
18
Temporary Protected Status and Deferred Enforced Departure
Syria
The political uprising of 2011 in Syria grew into a protracted civil war; as of late 2022, 5.5 million Syrians are registered as refugees in neighboring countries and 6.7 million remain internally displaced.127 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.
119128 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.
120 129
TPS for Syrian nationals has since been extendedTPS for Syrian nationals has since been extended
. The 18-month in 18-month increments on the bases of ongoing armed conflict and extraordinary and temporary conditions. The extension on August 1, 2016, was accompanied by a redesignation, which updated the 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,
2016.121 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 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.
1182016.130 The Trump Administration extended Syria’s designation twice without redesignating; thus, Syrians who entered the United States after August 1, 2016, remained ineligible.131 The Biden Administration has twice extended (for 18 months each) and redesignated Syria for TPS.132 The latest redesignation allows Syrian nationals who have been residing in the United States since July 28, 2022 to apply for TPS. DHS estimates that approximately 960 individuals may become newly eligible for TPS under the latest redesignation.133
Ukraine
On February 24, 2022, Russia launched a full-scale attack on Ukraine.134 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.135 The invasion has triggered massive
Temporary Protected Status,” 87 Federal Register 23202-23210, April 19, 2022. 127 See CRS Report R43119, See CRS Report R43119,
Syria: Overview of the Humanitarian Response; and CRS Report RL33487, ; and CRS Report RL33487,
Armed
Conflict in Syria: Overview and U.S. Response. .
119128 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab
Republic for Temporary Protected Status,” 61Republic for Temporary Protected Status,” 61
Federal Register 19026-19030, March 29, 2012. 19026-19030, March 29, 2012.
120129 Secretary of Homeland Security Janet Napolitano, “Temporary Protected Status (TPS) for Syrian Nationals,” press Secretary of Homeland Security Janet Napolitano, “Temporary Protected Status (TPS) for Syrian Nationals,” press
release, March 23, 2012, https://www.dhs.gov/ynews/releases/20120323-napolitano-statement-syria-tps.shtm. release, March 23, 2012, https://www.dhs.gov/ynews/releases/20120323-napolitano-statement-syria-tps.shtm.
121130 Previously, Syrians who had arrived in the United States after January 5, 2015, were not eligible for TPS. The Previously, Syrians who had arrived in the United States after January 5, 2015, were not eligible for TPS. The
redesignation allows Syrians that arrived between January 5, 2015, and August 1, 2016, to be eligible for TPS. U.S. redesignation allows Syrians that arrived between January 5, 2015, and August 1, 2016, to be eligible for TPS. U.S.
Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria
for Temporary Protected Status,” 81for Temporary Protected Status,” 81
Federal Register 50533-50541, August 1, 2016. 50533-50541, August 1, 2016.
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.130131 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; and 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.
132 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; and U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria for Temporary Protected Status,” 87 Federal Register 46982-46991, August 1, 2022. 133 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria for Temporary Protected Status,” 87 Federal Register 46982-46991, August 1, 2022. 134 For more information, see CRS Insight IN11872, Russia’s Invasion of Ukraine: Military and Intelligence Issues and Aspects.
135 For more information, see CRS Insight IN11869, Russia’s 2022 Invasion of Ukraine: Overview of U.S. Sanctions and Other Responses; CRS In Focus IF12062, New Financial and Trade Sanctions Against Russia; and CRS Insight
Congressional Research Service
19
Temporary Protected Status and Deferred Enforced Departure
refugee flows to neighboring countries and led to millions of people being internally displaced.136 The United States is providing funding for humanitarian assistance.137
On March 3, 2022, DHS Secretary Mayorkas announced the designation of Ukraine for TPS for 18 months.138 DHS cited the armed conflict and extraordinary conditions that prevent Ukrainians DHS cited the armed conflict and extraordinary conditions that prevent Ukrainians
from returning safely to Ukraine. The announcement stated, “This invasion has caused a 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 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, infrastructure that has left many without electricity or water or access to food, basic supplies,
shelter, and emergency medical services.”shelter, and emergency medical services.”
131139 DHS’s original announcement of TPS for Ukraine DHS’s original announcement of TPS for Ukraine
stated that Ukrainian nationals who have continuously resided in the United States since March 1, 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.2022, and meet the other eligibility requirements may apply for TPS.
132140 However, in the However, in the
Federal
Register Notice published on April 19, 2022, DHS moved the arrival cutoff date forward to April Notice published on April 19, 2022, DHS moved the arrival cutoff date forward to April
11.11.
133141 Thus, Ukrainians who traveled to the United States between March 1 and April 11 are also 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. 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
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.142 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.143
During 2019, some Members of Congress and nonprofit organizations requested that the Trump Administration designate Venezuela for TPS,144 and the House passed a bill (H.R. 549) that would have designated Venezuela for TPS for 18 months.145 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 Director of USCIS stated that USCIS would not recommend any new countries for TPS “until such time as federal courts resume following federal law,” referring to court decisions to enjoin the Trump Administration’s terminations of TPS designations for several countries.146 The Trump
IN11866, Russia’s Invasion of Ukraine: NATO Response.
136 See CRS Insight IN11882, Humanitarian and Refugee Crisis in Ukraine. 137 Ibid. 138 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Ukraine for Temporary Protected Status U.S. Department of Homeland Security, “Secretary Mayorkas Designates Ukraine for Temporary Protected Status
for 18 months,” press release, March 3, 2022. for 18 months,” press release, March 3, 2022.
131139 Ibid. Ibid.
132140 Ibid. Ibid.
133141 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Ukraine for U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Ukraine for
Temporary Protected Status,” 8 Temporary Protected Status,” 8
Federal Register 23211-23218, April 19, 2022. 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 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 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.138 The Trump 142 For more information, see CRS In Focus IF10230, Venezuela: Political Crisis and U.S. Policy. 143 Ibid. 144 See, for example, letter from 24 U.S. Senators to President Donald J. Trump, March 7, 2019, https://www.durbin.senate.gov/imo/media/doc/March7%20Venezuela%20TPS%20Letter%20FINAL%20SIGNED.pdf; and letter from 23 U.S. Representatives to Kevin McAleenan, acting Secretary of DHS, May 10, 2019, https://www.uscis.gov/sites/default/files/document/foia/TPS_-_Venezuela_-_Representative_Mucarsel-Powell.pdf.
145 H.R. 549, 116th Congress. 146 Letter from Ken Cucinelli II, acting director, USCIS, to Leith Anderson, president, National Association of Evangelicals, October 24, 2019, https://www.uscis.gov/sites/default/files/document/foia/TPS_-_Venezuela_-
Congressional Research Service
20
Temporary Protected Status and Deferred Enforced Departure
Administration never designated Venezuela for TPS. However, on his last full day in office, Administration never designated Venezuela for TPS. However, on his last full day in office,
President Trump granted DED for President Trump granted DED for
18 months for Venezuelans present in the United States as of January 20, 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.”
139147
The Biden Administration determined that Venezuela met the statutory conditions for a TPS
The Biden Administration determined that Venezuela met the statutory conditions for a TPS
designation on the basis of extraordinary and temporary conditions. Unlike DED, designating designation on the basis of extraordinary and temporary conditions. Unlike DED, designating
Venezuela for TPS allows those who qualify to obtain an immigration status and documentation Venezuela for TPS allows 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, and extend or terminate the status accordingly. On March 8,
2021, DHS Secretary Mayorkas announced DHS Secretary Mayorkas announced
an 18-month TPS designation for Venezuela, citing the following factors: an 18-month TPS designation for Venezuela, citing the following factors:
economic contraction; inflation and hyperinflation; deepening poverty; high levels of
economic contraction; inflation and hyperinflation; deepening poverty; high levels of
unemployment; reduced access to and shortages of food and medicine; a severely unemployment; reduced access to and shortages of food and medicine; a severely
weakened medical system; the reappearance or increased incidence of certain weakened medical system; the reappearance or increased incidence of certain
communicable diseases; a collapse in basic services; water, electricity, and fuel shortages; communicable diseases; a collapse in basic services; water, electricity, and fuel shortages;
political polarization; institutional and political tensions; human rights abuses and political polarization; institutional and political tensions; human rights abuses and
repression; crime and violence; corruption; increased human mobility and displacement repression; crime and violence; corruption; increased human mobility and displacement
134 For more information, see CRS In Focus IF10230, Venezuela: Political Crisis and U.S. Policy. 135 Ibid. 136 See, for example, letter from 24 U.S. Senators to President Donald J. Trump, March 7, 2019, https://www.durbin.senate.gov/imo/media/doc/March7%20Venezuela%20TPS%20Letter%20FINAL%20SIGNED.pdf; and letter from 23 U.S. Representatives to Kevin McAleenan, acting Secretary of DHS, May 10, 2019, https://www.uscis.gov/sites/default/files/document/foia/TPS_-_Venezuela_-_Representative_Mucarsel-Powell.pdf.
137 H.R. 549, 116th Congress. 138 Letter from Ken Cucinelli II, acting director, USCIS, to Leith Anderson, president, National Association of Evangelicals, October 24, 2019, https://www.uscis.gov/sites/default/files/document/foia/TPS_-_Venezuela_-(including internal migration, emigration, and return); and the impact of the COVID-19 pandemic, among other factors.148
USCIS estimated that approximately 323,000 individuals were eligible to file applications for TPS under this designation of Venezuela.149
On July 11, 2022, DHS announced an 18-month extension of Venezuela’s TPS.150 Despite calls to allow Venezuelans who arrived after March 8, 2021 to apply for TPS,151 the extension was not accompanied by a redesignation to move the arrival date forward.152 On July 20, 2022, Venezuela’s DED grant expired.
_Anderson.pdf. For information on the TPS-related injunctions, see CRS Legal Sidebar LSB10215, _Anderson.pdf. For information on the TPS-related injunctions, see CRS Legal Sidebar LSB10215,
Federal District
Court Enjoins the Department of Homeland Security from Terminating Temporary Protected Status. .
139147 The White House (President Trump), Office of the Press Secretary, “Deferred Enforced Departure for Certain 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 Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January
19, 2021. 19, 2021.
Congressional Research Service
19
Temporary Protected Status and Deferred Enforced Departure
(including internal migration, emigration, and return); and the impact of the COVID-19 pandemic, among other factors.140
USCIS estimates that approximately 323,000 individuals are eligible to file applications for TPS under the designation of Venezuela.141
Because Venezuela is currently designated for both TPS and DED, Venezuelans may apply for work authorization pursuant to either type of relief.142 DHS encourages Venezuelans who are eligible for both TPS and DED to apply for TPS since they may not qualify for TPS after DED has expired.143
Yemen
On September 3, 2015, then-DHS Secretary Johnson designated Yemen for TPS through March 3, 2017, due to ongoing armed conflict in the country.144148 U.S. Department of Homeland Security, “Designation of Venezuela for Temporary Protected Status and Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal Register 13574-13581, March 9, 2021.
149 Ibid. 150 U.S. Department of Homeland Security, “DHS Announces Extension of Temporary Protected Status for Venezuela,” press release, July 11, 2022.
151 See letter from 22 Senators to Secretary of State Antony J. Blinken and Secretary of Homeland Security Alejandro Mayorkas, July 8, 2022; Letter from Senators Rubio and Menendez to Secretary of Homeland Security Alejandro Mayorkas, March 31, 2022; Letter from 30 Representatives to President Joseph R. Biden and Secretary of Homeland Security Alejandro Mayorkas, July 8, 2022; Letter from 14 Representatives to President Joseph R. Biden and Secretary of Homeland Security Alejandro Mayorkas, March 21, 2022; https://www.uscis.gov/sites/default/files/document/foia/Temporary_Protective_Status_for_Venezuela-Representative_Soto.pdf; Letter from Mayor Daniella Levine Cava to Secretary of Homeland Security Alejandro Mayorkas, July 9, 2022; and Letter from Catholic leaders to Secretary of State Antony J. Blinken and Secretary of Homeland Security Alejandro Mayorkas, July 19, 2022.
152 U.S. Department of Homeland Security, “Extension of the Designation of Venezuela for Temporary Protected Status,” 87 Federal Register 55024-55032, September 10, 2022.
Congressional Research Service
21
link to page 26 link to page 28 Temporary Protected Status and Deferred Enforced Departure
Yemen
On September 3, 2015, then-DHS Secretary Johnson designated Yemen for TPS for 18 months due to ongoing armed conflict in the country.153 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.”
145154 Since 2015, the war in Yemen has Since 2015, the war in Yemen has
killed over 100,000 people, including civilians as well as combatants.internally displaced more than 4.3 million people.155 According to the United Nations, Yemen is According to the United Nations, Yemen is
experiencing one of the world’s worst the world’s worst
humanitarian humanitarian
crisiscrises, with , with
80%nearly three quarters of the population in need of of the population in need of
humanitarian assistance.assistance.
156 Relief efforts in the region 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.
146157
On January 4, 2017, DHS extended and redesignated Yemen’s current TPS designation through
On January 4, 2017, DHS extended and redesignated Yemen’s current TPS designation through
September 3, 2018. The redesignation updated the required arrival date into the United States for 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.individuals from Yemen from September 3, 2015, to January 4, 2017.
147158 The The
Federal Register
notice explained that the “continued deterioration of the conditions for civilians in Yemen and the notice explained that the “continued deterioration of the conditions for civilians in Yemen and the
resulting need to offer protection to individuals who have arrived in the United States after the resulting need to offer protection to individuals who have arrived in the United States after the
eligibility cutoff dates” warranted the redesignation of TPS.eligibility cutoff dates” warranted the redesignation of TPS.
148159 The Trump Administration twice The Trump Administration twice
extended Yemen’s TPS designation for durations of 18 months each, but kept the arrival cutoff extended Yemen’s TPS designation for durations of 18 months each, but kept the arrival cutoff
date the same.date the same.
149160 In July 2021, the Biden Administration extended Yemen’s designation for 18 months and, at the same time, redesignated the country, thereby allowing additional individuals who have been continuously residing in the United States since July 5, 2021, to apply.161
State of Residence of TPS Recipients Individuals with TPS reside in all 50 states, the District of Columbia, and U.S. territories. The largest populations live in traditional immigrant gateway states: Florida, Texas, California, and New York. In addition, six other states had at least 10,000 TPS recipients as of September 2022: Maryland, Virginia, New Jersey, Georgia, Massachusetts, and North Carolina. See Figure 1 and Table A-1. From February 2022 to November 2022, Florida’s TPS population increased from
153 In July 2021, the Biden Administration extended Yemen’s designation for 18
140 U.S. Department of Homeland Security, “Designation of Venezuela for Temporary Protected Status and Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal
Register 13574-13581, March 9, 2021.
141 Ibid. 142 Those who are approved for work authorization pursuant to their TPS application are to receive an employment authorization document (EAD) valid through September 9, 2022; if Venezuela’s TPS designation is subsequently extended, such an EAD would be eligible for renewal. Venezuelans who are approved for an EAD pursuant to DED will receive an EAD valid through July 20, 2022; if the President does not extend Venezuela’s DED, such an EAD would expire on July 20, 2022.
143 In limited circumstances, an individual may apply for TPS after the initial registration period has ended. See 8 C.F.R. §244.2(f)(2).
144 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of the Republic U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of the Republic
of Yemen for Temporary Protected Status,” 80of Yemen for Temporary Protected Status,” 80
Federal Register 53319-53323, September 3, 2015. 53319-53323, September 3, 2015.
145154 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DHS Announces Temporary U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DHS Announces 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.
146155 United Nations Office for the Coordination of Humanitarian Affairs, “Yemen Humanitarian Update – Issue 9,” September 2022.
156 United Nations Population Fund, “Yemen: One of the world’s largest humanitarian crises,” October 11, 2022. 157 See CRS Report R43960, See CRS Report R43960,
Yemen: Civil War and Regional Intervention. .
147158 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation
of the Republic of Yemen for Temporary Protected Status,” 82 of the Republic of Yemen for Temporary Protected Status,” 82
Federal Register 859-866, January 4, 2017. 859-866, January 4, 2017.
148159 Ibid. Ibid.
149160 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Yemen for Temporary Protected Status,” 83 of Yemen for Temporary Protected Status,” 83
Federal Register 40307-40313, August 14, 2018; U.S. Department of 40307-40313, August 14, 2018; U.S. Department of
Congressional Research Service
20
link to page 25 link to page 28 
Temporary Protected Status and Deferred Enforced Departure
months and, at the same time, redesignated the country, thereby allowing additional individuals who have been continuously residing in the United States since July 5, 2021, to apply.150
State of Residence of TPS Recipients
Individuals with TPS reside in all 50 states, the District of Columbia, and U.S. territories. The largest populations live in traditional immigrant gateway states: Florida, California, Texas, and New York. In addition, six other states had at least 10,000 TPS recipients as of February 2022: Maryland, Virginia, New Jersey, Massachusetts, North Carolina, and Georgia. See Figure 1 and Table A-1. Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for Temporary Protected Status,” 85 Federal Register 12313-12319, March 2, 2020. 161 United States Citizenship and Immigration Services, “Extension and Redesignation of Yemen for Temporary Protected Status,” 86 Federal Register 36295-36302, July 9, 2021.
Congressional Research Service
22
Temporary Protected Status and Deferred Enforced Departure
65,100 to 164,355, the largest numeric increase of any state.162 Venezuelans accounted for three quarters of this growth.
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
February 16November 7, 2022, who had not obtained LPR status or U.S. citizenship. The data may include , 2022, who had not obtained LPR status or U.S. citizenship. The data may include
individuals who have moved to another state, left the country, or died since their last TPS approval, and do not individuals who have moved to another state, left the country, or died since their last TPS approval, and do not
necessarily include all nationals from the specified countries who are in the United States and are eligible for the necessarily include all nationals from the specified countries who are in the United States and are eligible for the
status. status.
Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for Temporary Protected Status,” 85 Federal Register 12313-12319, March 2, 2020. 150 United States Citizenship and Immigration Services, “Extension and Redesignation of Yemen for Temporary Protected Status,” 86 Federal Register 36295-36302, July 9, 2021.
Congressional Research Service
21
Temporary Protected Status and Deferred Enforced Departure
Adjustment of Status
A grant of TPS does not provide a recipient with a designated pathway to LPR status; however, a A grant of TPS does not provide a recipient with a designated pathway to LPR status; however, a
TPS recipient is not barred from acquiring nonimmigrant or immigrant status if he or she meets TPS recipient is not barred from acquiring nonimmigrant or immigrant status if he or she meets
the requirements.the requirements.
151163 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 bill, resolution, or amendment that provides for the adjustment to lawful temporary or lawful any bill, resolution, or amendment that provides for the adjustment to lawful temporary or lawful
162 Prior to the latest update of this report, the most recent data that CRS had obtained from USCIS was as of February 16, 2022.
163 To adjust to LPR status, an individual generally must have been “inspected and admitted or paroled” into the United States (INA §245(a), 8 U.S.C. §1255(a)). In recent years, some federal courts have addressed whether aliens who unlawfully entered the United States but later received TPS are considered to be “inspected and admitted” into the United States. Circuit courts were split on this issue. On June 7, 2021, the Supreme Court ruled unanimously that TPS does not constitute an admission. 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
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 all Senators) voting affirmatively. fifths of all 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 allowing Chinese who had been given TPS or DED. In 1992, Congress enacted legislation allowing Chinese
nationals who had DED following the Tiananmen Square massacre to adjust to LPR status (P.L. nationals who had DED following the Tiananmen Square massacre to adjust to LPR status (P.L.
102-404). The Nicaraguan Adjustment and Central American Relief Act (NACARA) (Title II of 102-404). The Nicaraguan Adjustment and Central American Relief Act (NACARA) (Title II of
P.L. 105-100), which became law in 1997, provided eligibility for LPR status to certain P.L. 105-100), which became law in 1997, provided eligibility for LPR status to certain
Nicaraguans, Cubans, Guatemalans, Salvadorans (some of whom were covered by TPS), and Nicaraguans, Cubans, Guatemalans, Salvadorans (some of whom were covered by TPS), and
nationals of the former Soviet bloc who had applied for asylum and had been living in the United nationals of the former Soviet bloc who had applied for asylum and had been living in the United
States for a certain period of time. The 116th Congress incorporated Liberian Refugee States for a certain period of time. The 116th Congress incorporated Liberian Refugee
Immigration Fairness provisions into the FY2020 National Defense Authorization Act; it allows Immigration Fairness provisions into the FY2020 National Defense Authorization Act; it 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, §7611). 20, 2019 (P.L. 116-92, §7611).
Other legislation to allow persons with TPS to adjust to LPR status received action in past
Other legislation to allow 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 bill in the 113th Congress (S. 744) did not include specific provisions for immigration reform bill 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.
152164
Legislative Activity in the 117th Congress
Various bills related to TPS and DED have been introduced in the 117th Congress.Various bills related to TPS and DED have been introduced in the 117th Congress.
153165 These These
include bills that would add new designations for include bills that would add new designations for
TPS154TPS166 (e.g., Venezuela and Hong Kong), make (e.g., Venezuela and Hong Kong), make
TPS and DED recipients eligible for federal financial aid for higher education,TPS and DED recipients eligible for federal financial aid for higher education,
155167 and provide for and provide for
adjustment to LPR status for certain TPS and DED recipients.adjustment to LPR status for certain TPS and DED recipients.
156168 Other bills introduced in the 117th Congress seek to limit TPS by making ineligible individuals who are members of criminal gangs169 or who lack a lawful immigration status,170 terminating an individual’s TPS if they fail to show up for a removal proceeding,171 or transferring authority from DHS to Congress to designate foreign states.172
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 Promise Act of 2021 (H.R. 6) would allow
164 Other bills introduced in the 151 To adjust to LPR status, an individual generally must have been “inspected and admitted or paroled” into the United States (INA §245(a), 8 U.S.C. §1255(a)). In recent years, some federal courts have addressed whether aliens who unlawfully entered the United States but later received TPS are considered to be “inspected and admitted” into the United States. Circuit courts were split on this issue. On June 7, 2021, the Supreme Court ruled unanimously that TPS does not constitute an admission. For more information, see CRS Legal Sidebar LSB10607, Supreme Court: Unlawful
Entrants with Temporary Protected Status Cannot Adjust to Lawful Permanent Resident Status.
152 See archived CRS Report R43097, See archived CRS Report R43097,
Comprehensive Immigration Reform in the 113th Congress: Major Provisions in
Senate-Passed S. 744. .
153165 The bills described in this section are those that were identified by CRS by searching congress.gov using the 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 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. TPS or DED only in “Findings” sections are not discussed.
154166 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. 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. 6892.
155167 See, for example, H.R. 4502, H.R. 4815, See, for example, H.R. 4502, H.R. 4815,
and H.R. 5376. 156H.R. 5376, H.R. 8295, and S. 4659. 168 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. 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 Promise Act of 2021 (H.R. 6) would allow 6637.
169 See, for example, H.R. 71, H.R. 1995, and S. 1056. 170 See, for example, H.R. 7356. 171 See, for example, S. 1007. 172 See, for example, H.R. 7356.
Congressional Research Service
24
Temporary Protected Status and Deferred Enforced Departure
individuals who were eligible for TPS as of January 1, 2017, or DED as of January 20, 2021, and 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 who accumulate three years of continuous presence in the United States to become LPRs. These
provisions would apply to nationals of 14 countries. H.R. 6 also includes a provision (§203) that provisions would 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 would clarify that TPS recipients are considered “inspected and admitted” for purposes of
adjustment to LPR status.adjustment to LPR status.
161173 The Farm Workforce Modernization Act of 2021 (H.R. 1603) would The Farm Workforce Modernization Act of 2021 (H.R. 1603) would
establish a process for certain farm workers in the United States to obtain a legal temporary status establish a process for certain farm workers in the United States to obtain a legal temporary status
and then LPR status. TPS and DED recipients who met the farm work and other requirements and then LPR status. TPS and DED recipients who met the farm work and other requirements
under the bill would be eligible. H.R. 6 and H.R. 1603 passed the House on March 18, 2021. The under the bill would be eligible. H.R. 6 and H.R. 1603 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 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. 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 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 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, 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 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 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.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
800
1,230
Nevada
Nevada
3,120
3,560
Alaska
Alaska
55
265
New Hampshire
New Hampshire
290
340
Arizona
Arizona
1,195
1,620
New Jersey
New Jersey
15,110
19,960
Arkansas
Arkansas
2,
2,
730835
New Mexico
New Mexico
310
330
California
California
53,840
57,080
New York
50,060
Colorado
3,830
North Carolina
15,610
Connecticut
3,470
North Dakota
115
Delaware
1,345
Ohio
4,505
District of Columbia
2,665
Oklahoma
1,675
Florida
164,355
Oregon
1,070
Georgia
18,035
Pennsylvania
4,865
Hawaii
110
Rhode Island
865
Idaho
265
South Carolina
2,945
Il inois
7,200
South Dakota
215
Indiana
6,460
Tennessee
5,430
Iowa
1,300
Texas
64,800
Kansas
1,250
Utah
4,465
Kentucky
1,465
Vermont
45
Louisiana
1,960
Virginia
23,450
Maine
190
Washington
3,180
173 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
25
Temporary Protected Status and Deferred Enforced Departure
Maryland
24,095
West Virginia
195
Massachusetts
17,135
Wisconsin
1,070
Michigan
1,820
Wyoming
65
Minnesota
2,890
U.S. Virgin Islands
1,540
Mississippi
470
Puerto Rico
360
Missouri
1,440
Northern Mariana Islands
35
Montana
50
Other/Unknown
65
Nebraska
1,430
Total
537,075
New York
41,460
Colorado
2,640
North Carolina
12,665
Connecticut
2,330
North Dakota
70
Delaware
655
Ohio
1,990
District of Columbia
2,555
Oklahoma
850
Florida
65,100
Oregon
640
Georgia
11,210
Pennsylvania
2,550
Hawaii
60
Rhode Island
630
Idaho
150
South Carolina
1,635
Il inois
3,610
South Dakota
190
Indiana
2,525
Tennessee
2,930
Iowa
1,130
Texas
46,105
Kansas
1,000
Utah
1,640
Kentucky
835
Vermont
35
Louisiana
1,670
Virginia
22,045
Maine
155
Washington
1,900
Maryland
22,570
West Virginia
160
Massachusetts
13,250
Wisconsin
570
Michigan
1,225
Wyoming
40
Minnesota
2,225
U.S. Virgin Islands
530
Mississippi
370
Puerto Rico
120
Missouri
1,060
Northern Mariana Islands
35
Montana
15
Other/Unknown
720
Nebraska
1,345
Total
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
February 16November 7, 2022, who had , 2022, who had
not obtained LPR status or U.S. citizenship. The data may include individuals who have left the country or died 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 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. “Other” includes Federated States of Micronesia, Guam, the United States and are eligible for the status. “Other” includes Federated States of Micronesia, Guam,
Marshall Islands, and the and the
Armed Forces. Armed Forces.
Congressional Research Service
24
Temporary Protected Status and Deferred Enforced Departure
Author Information
Jill H. Wilson Jill H. Wilson
Analyst in Immigration Policy
Analyst in Immigration Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.
Congressional Research Service
Congressional Research Service
RS20844
RS20844
· VERSION 6366 · UPDATED
2526