Temporary Protected Status and Deferred
NovemberJuly 28, 28,
20222023
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
There are currently 16 countries under TPS designations. As of
November 7, 2022March 31, 2023, approximately , approximately
537,075610,630 foreign nationals foreign nationals
from the following from the following
15 countries who were living in the United States were protected by TPS: Afghanistan, Burma, countries who were living in the United States were protected by TPS: Afghanistan, Burma,
Cameroon, El Salvador, Cameroon, El Salvador,
Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and
Yemen. Yemen.
In addition, on October 21, 2022, the Biden Administration announced a new designation for Ethiopia. DHS estimates that 26,700 Ethiopian nationals could be eligible to apply under this designation. Certain Liberians and residents of Hong Kong living in the United 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 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 have a pathway to lawful permanent resident (LPR) status. Two bills that would provide such a pathway have passed the HouseCertain Liberians and residents of Hong Kong living in the United States currently maintain relief under DED.
There is ongoing debate about whether foreign nationals who have been living in the United States for long periods of time with TPS or DED should have a pathway to lawful permanent resident (LPR) status. Two bills that would have provided LPR status to certain TPS and DED recipients passed the House in the 117th Congress, but the Senate did not take action. Various bills related to TPS and DED have been introduced in the 118th Congress. These bills include proposals to designate additional countries, provide additional benefits to TPS or DED recipients, or provide for LPR status, while others would restrict individual eligibility for TPS and limit DHS authority to extend TPS designations. .
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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 ....Afghanistan ............................................................................................................................... 8
Afghanistan7 Burma ......................................................................................................................... 8
Burma...................... 8 Cameroon ............................................................................................................ 9
Cameroon ...................... 9 Central American Countries .................................................................................................... 10
Central American CountriesEthiopia .............................................................................................. 10
Ethiopia ..................................... 12 Haiti ........................................................................................ 12
Haiti ................................................................................................... 12 Hong Kong ............................... 13
Hong Kong ................................................................................................ 14 Liberia ........................ 14
Liberia ............................................................................................................. 15 Nepal .................. 15
Nepal ...................................................................................................................... 16 Somalia ........... 17
Somalia ............................................................................................................................. 17
Sudan and South Sudan ........................................................................................................... 18
Syria ........................................................................................................................................ 19
Ukraine .................................................................................................................................... 19
Venezuela ................................................................................................................................ 20
Yemen ...................................................................................................................................... 22
State of Residence of TPS Recipients ........................................................................................... 22
Adjustment of Status ..................................................................................................................... 23
Legislative Activity in the 117th118th Congress ..................................................................................... 24
Figures
Figure 1. Individuals with Temporary Protected Status by State of Residence ............................. 23
Tables
Table 1. Countries Currently Designated for TPS ........................................................................... 76
Table 2. Countries/Regions Currently Under a DED Grant ............................................................ 8
Table A-17 Table 3. Individuals with Temporary Protected Status by State of Residence .............................. 25
Contacts
Author Information ........................................................................................................................ 26
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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 concludes with a discussion of
current legislative activitylegislative activity
, as well as prior activity in the 117th in the 117th
CongressCongress, related to TPS. related to TPS.
Humanitarian Response
As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N. As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N.
Protocol),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.
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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)
(1)
ongoing armed conflict in a foreign state that poses a serious threat to personal safety; 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 nationals due to an
environmental disaster; or ; or
(3)
(3)
extraordinary and temporary conditions in a foreign state that prevent its nationals from 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 §101(a)(42) (8 U.S.C. §1101(a)(42)). 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)).
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.
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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 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 the Secretary extends a designation, he or she may also move forward the required arrival date to allow foreign nationals who arrived in the United States later to qualify, an action referred to as to qualify, an action referred to as
redesignation..
17
To obtain TPS, nationals18 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 designated on the basis of a natural disaster).
To obtain TPS, nationals17 of foreign countries designated for TPS must pay specified of foreign countries designated for TPS must pay specified
fees19fees18 and and
submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the
deadline set forth in the deadline set forth in the
Federal Register notice announcing the TPS designation. The application notice announcing the TPS designation. The application
must include supporting documentation as evidence of eligibility (e.g., a passport issued by the must include supporting documentation as evidence of eligibility (e.g., a passport issued by the
designated country and records showing continuous physical presence in the United States since designated country and records showing continuous physical presence in the United States since
the date established in the TPS designation).the date established in the TPS designation).
2019 The statute specifies The statute specifies
grounds of inadmissibility that that
cannot be waived, including those relating to criminal convictions, drug offenses, terrorist cannot be waived, including those relating to criminal convictions, drug offenses, terrorist
activity, and the persecution of others.activity, and the persecution of others.
2120 Foreign nationals outside the United States are not 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.basis of their immigration status, and are not subject to removal while they retain TPS.
2221 They 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.consent of the DHS Secretary.
2322 TPS does not provide a path to lawful permanent residence or TPS does not provide a path to lawful permanent residence or
citizenship, but a TPS recipient is not barred from acquiring nonimmigrant or immigrant status if citizenship, but a TPS recipient is not barred from acquiring nonimmigrant or immigrant status if
he or she meets the requirements.he or she meets the requirements.
2423 DHS has indicated that information it collects when an DHS has indicated that information it collects when an
individual registers for TPS may be used to enforce immigration law or in any criminal individual registers for TPS may be used to enforce immigration law or in any criminal
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 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 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 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
18 Fees for initial applicants include a $50 application fee (may not exceed $50 per 8 U.S.C. §1254a(c)(1)(B)), a $410 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). biometrics fees per 8 C.F.R. §103.7(c).
Re-registrationReregistration does not require the $50 application fee, but the other fees does not require the $50 application fee, but the other fees
apply. apply.
2019 See 8 C.F.R. §244.9 for details on evidence that must be submitted. See 8 C.F.R. §244.9 for details on evidence that must be submitted.
2120 Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas
and ineligible to be admitted to the United States. Section 244(c)(2) in the 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.
2221 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)). INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)).
2322 INA §244(f) (8 U.S.C. §1254a(f)). INA §244(f) (8 U.S.C. §1254a(f)).
2423 For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted
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)).
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proceeding.
proceeding.
2524 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or
deportation proceedings.deportation proceedings.
2625
Deferred Enforced Departure
In addition to TPS, there is another form of blanket relief from removal known as deferred In addition to TPS, there is another form of blanket relief from removal known as deferred
enforced departure (DED)enforced departure (DED)
,27 formerly known as extended voluntary departure (EVD).28.26 DED is a DED is a
temporary, discretionary, administrative stay of removal granted to aliens from designated temporary, discretionary, administrative stay of removal granted to aliens from designated
countries. Unlike TPS, a DED designation emanates from the President’s constitutional powers to countries. Unlike TPS, a DED designation emanates from the President’s constitutional powers to
conduct foreign relations and has no statutory basis. DED was first used in 1990 and has been conduct foreign relations and has no statutory basis. DED was first used in 1990 and has been
applied to seven countries (see applied to seven countries (see
“Historical Use of Blanket Relief”). Liberia and Hong Kong are ). Liberia and Hong Kong are
currently covered by DED. currently covered by DED.
DED
DED
—and and
EVD its precursor, extended voluntary departure (EVD)27—have been used on country-specific bases to provide relief from removal at the 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.President’s discretion, usually in response to war, civil unrest, or natural disasters.
2928 When 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.applying for work authorization.
3029 Instead, DED is triggered when a protected individual is Instead, DED is triggered when a protected individual is
identified for removal. identified for removal.
Historical Use of Blanket Relief
In 1990, when Congress enacted the TPS statute, it also granted TPS for 18 months to Salvadoran In 1990, when Congress enacted the TPS statute, it also granted TPS for 18 months to Salvadoran
nationals who were residing in the United States. Since then, the Attorney General (and later, the nationals who were residing in the United States. Since then, the Attorney General (and later, the
Secretary of DHS), in consultation with the Secretary of State, granted and subsequently Secretary of DHS), in consultation with the Secretary of State, granted and subsequently
terminated TPS for foreign nationals in the United States from the following countries: Angola, terminated TPS for foreign nationals in the United States from the following countries: Angola,
25
24 8 C.F.R. §244.16. 8 C.F.R. §244.16.
2625 8 C.F.R. §244.14. 8 C.F.R. §244.14.
2726 DED is not to be confused with deferred action, which the Department of Homeland Security defines as “a DED is not to be confused with deferred action, which the Department of Homeland Security defines as “a
discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.” For more discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.” For more
information, see CRS Report R45158, information, see CRS Report R45158,
An Overview of Discretionary Reprieves from Removal: Deferred Action,
DACA, TPS, and Others; and CRS Report R45995, and CRS Report R45995,
Unauthorized Childhood Arrivals, DACA, and Related Legislation. .
2827 EVD status, which was used from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and EVD status, which was used from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and
Uganda. Other countries whose nationals have benefitted in the past from a status similar to EVD include Cambodia, Uganda. Other countries whose nationals have benefitted in the past from a status similar to EVD include Cambodia,
Chile, Cuba, Czechoslovakia, Dominican Republic, Hungary, Laos, Romania, and Vietnam. Chile, Cuba, Czechoslovakia, Dominican Republic, Hungary, Laos, Romania, and Vietnam.
2928 See, for example, Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s 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.
3029 In general, the President directs executive agencies to implement procedures to provide DED and related benefits, In general, the President directs executive agencies to implement procedures to provide DED and related benefits,
such as employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and such as employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and
Immigration Services, Immigration Services,
Temporary Protected Status (TPS) and Deferred Enforced Departure (DED), ,
https://www.uscis.gov/i-9-central/complete-correct-form-i-9/temporary-protected-status-and-deferred-enforced-https://www.uscis.gov/i-9-central/complete-correct-form-i-9/temporary-protected-status-and-deferred-enforced-
departure. departure.
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Temporary Protected Status and Deferred Enforced Departure
Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau,
Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau,
the Kosovo ProvinceKosovo (then a province of Serbia of Serbia
), , Kuwait, Kuwait,
Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.
3130
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.status through January 1994.
3231 From 1991 to 1996, DED was also granted to about 2,200 Kuwaiti 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.with Congress on long-term legislative relief for Haitians.
3332 President George W. Bush directed 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.DED was extended several times by President Obama.
3433 President Trump terminated DED for 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).section).
3534 On President Trump’s last full day in office, he granted On President Trump’s last full day in office, he granted
DED to Venezuelans.DED to Venezuelans.
3635 President Biden reinstated DED for Liberians on his first day in office. President Biden reinstated DED for Liberians on his first day in office.
3736 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.States.
3837 DED for Venezuela expired on July 20, 2022, following its designation for TPS in March DED for Venezuela expired on July 20, 2022, following its designation for TPS in March
of 2021 (seeof 2021 (see
“Venezuela” below). below).
31
30 For a current and historical list of TPS designations by country and links to 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.
3231 Many of the beneficiaries of this DED grant were able to adjust to LPR status through the Chinese Student Protection 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).
3332 The Nicaraguan Adjustment and Central American Relief Act (NACARA) (Title II of P.L. 105-100) was enacted in 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, 1995nationals who were in the United States before December 31, 1995
, to adjust to LPR status. For more information, see to adjust to LPR status. For more information, see
archived CRS Report RS21349, archived CRS Report RS21349,
U.S. Immigration Policy on Haitian Migrants.
3433 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country - U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country -
Liberia,” https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-liberia/ded-granted-Liberia,” https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-liberia/ded-granted-
country-liberia. country-liberia.
3534 The White House (President Trump), Office of the Press Secretary, “Extending the Wind-Down Period for Deferred 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.
3635 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.
3736 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.
3837 The White House (President Biden), Office of the Press Secretary, “Memorandum on the Deferred Enforced 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.
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Current TPS and DED Designations
Sixteen countries are currently designated for TPS. As of Sixteen countries are currently designated for TPS. As of
November 7, 2022March 31, 2023, approximately , approximately
537,075 foreign nationals610,630 foreign nationals residing in the United States from the following from the following
1516 countries were protected by TPS: Afghanistan, countries were protected by TPS: Afghanistan,
Burma, Cameroon, El Salvador, Burma, Cameroon, El Salvador,
Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan,
Sudan, Syria, Ukraine, Venezuela, and Yemen. In addition, on October 21, 2022, the Biden Administration announced a new, 18-month TPS 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 under this designation.39 Sudan, Syria, Ukraine, Venezuela, and Yemen.
Table 1 lists the TPS-designated countries as of the date of this report, the most recent decisionlists the TPS-designated countries as of the date of this report, the most recent decision
—to newly designate, extend, or terminate— (e.g., designation, extension, or termination) by the Secretary of DHS, the date from which by the Secretary of DHS, the date from which
individuals are required to have continuously resided in the United States, and the designation’s individuals are required to have continuously resided in the United States, and the designation’s
current expiration date. In additicurrent expiration date. In additi
on, Table 1 shows the number of individuals protected by TPS as shows the number of individuals protected by TPS as
of of
November 7, 2022.40March 31, 2023.38
In addition to the countries designated for TPS, certain nationals from Liberia are covered by
In addition to the countries designated for TPS, certain nationals from Liberia are covered by
DED, as are certain Hong Kong residents currently present in the United States (see DED, as are certain Hong Kong residents currently present in the United States (see
the the “Hong
Kong” and and
“Liberia” sections)sections)
. Table 2 shows the dates associated with these grants. Individuals shows the dates associated with these grants. Individuals
covered by DED are not required to register for the status with USCIS unless they are applying covered by DED are not required to register for the status with USCIS unless they are applying
for work authorization. As a result, USCIS does not maintain data on the total population covered for work authorization. As a result, USCIS does not maintain data on the total population covered
by DED. by DED.
Homeland Security, August 5, 2021.
39 DHS email to CRS on October 21, 2022. 40 Prior USCIS data on TPS recipients included some individuals who also had LPR status and some who had become naturalized U.S. citizens. USCIS now provides data on TPS recipients who do not have LPR status or U.S. citizenship. Thus, the numbers used in this report may be lower than those in prior versions of this report and in USCIS’s annual TPS report to Congress, and more accurately reflect those who rely on TPS to remain in the United States.
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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
November 20, 2023
November 20, 2023
251,585
Burma
Burma
Extension and
Extension and
September 25, 2022
September 25, 2022
May 25, 2024
May 25, 2024
1,
1,
195760
redesignation
redesignation
Cameroon
Cameroon
New designation
New designation
April 14, 2022
April 14, 2022
December 7, 2023
December 7, 2023
6451,300
El Salvador
El Salvador
Termination*Recission of
February 13, 2001
February 13, 2001
September 9, 2019
190,865
Ethiopia
New designation
October 20, 2022
May, 2024d
N/Ae
Haiti (2010/2011)
Termination*
January 12, 2011
July 22, 2019
27,465
Haiti (2021)
New designation
July 29, 2021
February 3, 2023
59,595
Honduras
Termination*
December 30, 1998
January 5, 2020
57,605
Nepal
Termination*
June 24, 2015
June 24, 2019
8,545
Nicaragua
Termination*
December 30, 1998
January 5, 2019
3,085
Somalia
Extension and
July 19, 2021
March 17, 2023
370
redesignation
South Sudan
Extension and
March 1, 2022
November 3, 2023
80
redesignation
Sudan (1997)
Termination*
January 9, 2013
November 2, 2018
570
Sudan (2022)
New designation
March 1, 2022
October 19, 2023
280
Syria
Extension and
July 28, 2022
March 31, 2024
4,025
redesignation
Ukraine
New designation
April 11, 2022
October 19, 2023
9,520
Venezuela
Extension
March 8, 2021
March 10, 2024
171,550
Yemen
Extension and
July 5, 2021
March 3, 2023
1,510
redesignation
Total
537,075
Sources: CRS compilation of information from Federal Register announcements or press releases; numbers provided to CRS by USCIS. Notes: *Due to legal challenges, these terminations have not yet taken effect. March 9, 2025
188,725
termination and extensiond
Ethiopia
New designation
December 12, 2022
June 12, 2024
910
Haiti
Extension and
November 6, 2022
August 3, 2024
116,505
redesignation
Honduras
Recission of
December 30, 1998
July 5, 2025
56,840
termination and extensiond
Nepal
Recission of
June 24, 2015
June 24, 2025
8,525
termination and extensione
Nicaragua
Recission of
December 30, 1998
July 5, 2025
3,020
termination and extensiond
Somalia
Extension and
January 11, 2023
September 17, 2024
390
redesignation
38 Prior USCIS data on TPS recipients included some individuals who also had LPR status and some who had become naturalized U.S. citizens. USCIS now provides data on TPS recipients who do not have LPR status or U.S. citizenship. Thus, the numbers used in this report may be lower than those in prior versions of this report and in USCIS’s annual TPS report to Congress, and more accurately reflect those who rely on TPS to remain in the United States.
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Most Recent
Required Arrival
Expiration
Approved
Country
Decision
Datea
Dateb
Individualsc
South Sudan
Extension and
March 1, 2022
November 3, 2023
100
redesignation
Sudan
New designation
March 1, 2022
October 19, 2023
970
Syria
Extension and
July 28, 2022
March 31, 2024
3,955
redesignation
Ukraine
New designation
April 11, 2022
October 19, 2023
22,480
Venezuela
Extension
March 8, 2021
March 10, 2024
201,895
Yemen
Extension and
December 29, 2022
September 3, 2024
1,530
redesignation
Total
610,630
Sources: CRS compilation of information from Federal Register announcements or press releases; numbers provided to CRS by USCIS. Notes: Numbers are rounded to the Numbers are rounded to the
nearest nearest
5five by USCIS and may not sum to total due to rounding. Total includes by USCIS and may not sum to total due to rounding. Total includes
120135 individuals whose country of individuals whose country of
designation is listed as “Unknown.” 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
November 7, 2022March 31, 2023, who had not obtained LPR status or U.S. citizenship. The data may , 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.
d.
The exact date wil be announced in the forthcoming Federal Register notice. e. Because this is a new designation, data are not yet available.
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See the “Central American Countries” section below. e. See the “Nepal” section below.
Table 2. Countries/Regions Currently Under a DED Grant
Country/Region
Required Arrival Datea
Expiration Dateb
Hong Kong
Hong Kong
August 5, 2021
February 5, 2023January 26, 2023
January 25, 2025
Liberia
Liberia
May 20, 2017
May 20, 2017
June 30, 2024
June 30, 2024
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.2021 as a result of the U.S. military withdrawal from Afghanistan.
4139 These Afghan nationals
39 For more information, see CRS Report R46879, U.S. Military Withdrawal and Taliban Takeover in Afghanistan: Frequently Asked Questions.
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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.States for the duration of the grant of parole and may obtain work authorization.
4240 These benefits 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,Afghan evacuees were granted parole for two years,
4341 though some were reportedly granted though some were reportedly granted
parole for one year.parole for one year.
4442
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.for a period of 18 months.
4543 The designation is based on ongoing armed conflict “as the Taliban 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.”attacks against civilians.”
4644 The DHS press release also references the “extraordinary and 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.”destruction of infrastructure, and increasing criminality.”
4745 According to DHS, the TPS According to DHS, the TPS
designation will allow some 74,500 designation will allow some 74,500
Afghans48Afghans46 who were residing in the United States as of March who were residing in the United States as of March
41 For more information, see CRS Report R46879, U.S. Military Withdrawal and Taliban Takeover in Afghanistan:
Frequently Asked Questions.
42 For more information, see CRS Report R46570, Immigration Parole. 43 U.S. Department of Homeland Security, “Fact Sheet on Operation Allies Welcome,” November 5, 2021. Available at https://www.dhs.gov/sites/default/files/publications/21_1110-opa-dhs-resettlement-of-at-risk-afghans.pdf.
44 Rebecca Beitsch, “DHS gives temporary protected status to Afghans in US,” The Hill, March 16, 2022. 45 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Afghanistan for Temporary Protected Status,” press release, March 16, 2022.
46 Ibid. 47 Ibid. 48 Email to CRS from DHS, March 17, 2022.
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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
15, 2022, to remain and work legally through November 20, 2023. As of March 31, 2023, 8,725 Afghans had applied for TPS. Many of these applications were still pending. Of those that had been adjudicated, 1,625 had been approved.47
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.
5048 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 decision to designate Burma for TPS on the basis of
In a press release announcing the decision to designate Burma for TPS on the basis of
extraordinary and temporary conditions, Secretary Mayorkas stated, “Due to the military coup extraordinary and temporary conditions, Secretary Mayorkas stated, “Due to the military coup
and security forces’ brutal violence against civilians, the people of Burma are suffering a complex and security forces’ brutal violence against civilians, the people of Burma are suffering a complex
and deteriorating humanitarian crisis in many parts of the country.”and deteriorating humanitarian crisis in many parts of the country.”
5149 The press release also noted, The press release also noted,
“The coup has led to continuing violence, pervasive arbitrary detentions, the use of lethal “The coup has led to continuing violence, pervasive arbitrary detentions, the use of lethal
violence against peaceful protesters, and intimidation of the people of Burma. The coup has violence against peaceful protesters, and intimidation of the people of Burma. The coup has
40 For more information, see CRS Report R46570, Immigration Parole. 41 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.
42 Rebecca Beitsch, “DHS gives temporary protected status to Afghans in US,” The Hill, March 16, 2022. 43 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Afghanistan for Temporary Protected Status,” press release, March 16, 2022.
44 Ibid. 45 Ibid. 46 Email to CRS from DHS, March 17, 2022. 47 The 1,625 approvals include 40 individuals who had LPR status as of March 31, 2023, and are therefore not included in the data presented in Table 1.
48 See CRS Insight IN11594, Coup in Burma (Myanmar): Issues for U.S. Policy. 49 Department of Homeland Security, “Secretary Mayorkas Designates Burma for Temporary Protected Status,” press release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-protected-status.
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worsened humanitarian conditions in several areas by limiting access to life-saving assistance, worsened humanitarian conditions in several areas by limiting access to life-saving assistance,
disrupting flights carrying humanitarian and medical aid, and spurring an economic crisis.”disrupting flights carrying humanitarian and medical aid, and spurring an economic crisis.”
5250
Burma’s initial designation was for 18 months (through November 25, 2022) and applied to
Burma’s initial designation was for 18 months (through November 25, 2022) and applied to
Burmese nationals who could demonstrate that they were present in the United States as of March Burmese nationals who could demonstrate that they were present in the United States as of March
11, 2021. DHS estimated that 1,600 individuals could be eligible under this designation.11, 2021. DHS estimated that 1,600 individuals could be eligible under this designation.
5351 On On
September 26, 2022, Secretary Mayorkas announced that he was extending Burma’s TPS 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 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 violence, large-scale human rights abuses, including arbitrary detentions and the use of deadly
force against unarmed individuals, mass displacement of civilians, worsened humanitarian force against unarmed individuals, mass displacement of civilians, worsened humanitarian
conditions and limited access to shelter, food, water, and medical care.”conditions and limited access to shelter, food, water, and medical care.”
5452 This redesignation This redesignation
makes Burmese nationals (and individuals having no nationality who last habitually resided in 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 Burma) residing in the United States as of September 25, 2022, eligible for TPS. The
redesignation redesignation
takestook effect on November 26, 2022, and effect on November 26, 2022, and
willis to remain in effect through May 25, remain in effect through May 25,
2024. DHS estimates that approximately 2,290 additional individuals may be eligible for TPS 2024. DHS estimates that approximately 2,290 additional individuals may be eligible for TPS
under the redesignation of Burma.under the redesignation of Burma.
5553 This population includes Burmese nationals who have 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 release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-protected-status.
52 Ibid. 53entered the United States since March 11, 2021, who are in nonimmigrant status or without immigration status. As of March 31, 2023, there were 1,785 individuals approved for TPS under the Burma designation.54
Cameroon Cameroon faces security crises on several fronts.55 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 May 2023, roughly 2.2 million Cameroonians were forcibly 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.56 In both 2020 and 2021, several Members signed letters urging the Trump
50 Ibid. 51 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.
5452 Department of Homeland Security, “Secretary Mayorkas Extends and Redesignates Temporary Protected Status for 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-Burma,” press release, September 26, 2022, https://www.dhs.gov/news/2022/09/26/secretary-mayorkas-extends-and-
redesignates-temporary-protected-status-burma. redesignates-temporary-protected-status-burma.
5553 U.S. Citizenship and Immigration Services, “Extension and Redesignation of Burma (Myanmar) for Temporary U.S. Citizenship and Immigration Services, “Extension and Redesignation of Burma (Myanmar) for Temporary
Protected Status,” 87 Protected Status,” 87
Federal Register 58515-58524, September 27, 2022. 58515-58524, September 27, 2022.
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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 54 The 1,785 approvals include 25 individuals who had LPR status as of March 31, 2023, and are therefore not included in the data presented in Table 1.
55 This paragraph is based on CRS Report R46919, Cameroon: Key Issues and U.S. Policy. 56 Human Rights Watch, “‘How Can You Throw Us Back?’: Asylum Seekers Abused in the US and Deported to Harm in Cameroon,” February 10, 2022.
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Administration to halt the planned removal of Cameroonian asylum-seekers; since 2021, several 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. 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.”
5857 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 Cameroon who were residing in the United States as of April 14, 2022. DHS
estimatesestimated that that
11,700 individuals are eligible to file applications for TPS under the designation of Cameroon.11,700 individuals are eligible to file applications for TPS under the designation of Cameroon.
As of March 31, 2023, 2,845 Cameroonians had applied for TPS, and 1,310 had been approved.58
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.59 In the aftermath of establishing TPS) to eligible Salvadoran nationals in the United States.59 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.60 Prior to leaving office in January 2001, President living conditions” caused by Hurricane Mitch.60 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.
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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.61 Salvadoran nationals following two earthquakes that rocked the country.61
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.”62 On the same day, DHS announced that more information was largely been completed.”62 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
57 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 months,” press release, April 15, 2022.
58 Some of these applications were pending adjudication. The 1,310 approvals include 10 individuals who had LPR status as of March 31, 2023, and are therefore not included in the data presented in Table 1.
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.
61 U.S. Department of Justice Immigration and Naturalization Service, “The Designation of El Salvador Under Temporary Protected Status,” 66 Federal Register 14214-14216, March 9, 2001. 62 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Termination of the Designation of Nicaragua for Temporary Protected Status,” 82 Federal Register 59636-59642, December 15, 2017.
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status be extended for six months.63 On May 4, 2018, DHS announced its decision to terminate status be extended for six months.63 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
orderly transition.64 The terminations for Nicaragua and Honduras orderly transition.64 The terminations for Nicaragua and Honduras
arewere put on hold due to a legal challenge.65 On June 13, 2023, DHS announced that it was rescinding the Trump Administration’s terminations and extending their designations for 18 months.66 The extensions for Nicaragua and Honduras are to last until July 5, 2025. on hold due to a legal challenge.65
On January 8, 2018, DHS announced its decision to terminate TPS for El Salvador—whose
On January 8, 2018, DHS announced its decision to terminate TPS for El Salvador—whose
nationals accounted for about 60% of all TPS recipients at the time—after an 18-month transition 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,period. El Salvador’s TPS designation was scheduled to end on September 9, 2019,
6667 but the but the
termination termination
has not yet taken effectwas put on hold due to a legal challenge. due to a legal challenge.
6768 DHS announced in October 2019— DHS announced in October 2019—
as part of agreements with El Salvador related to information sharing and security—that it would as part of agreements with El Salvador related to information sharing and security—that it would
extend the validity of work permits through January 4, 2021, for Salvadorans with TPS. The 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 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 365 days after the conclusion of the TPS-related lawsuits to repatriate back to their home
country.”country.”
6869 To comply with court orders, DHS has since extended TPS-related documentation 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 Temporary Protected Status,” 66 Federal Register 14214-14216, March 9, 2001. 62 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Termination of the Designation of Nicaragua for Temporary Protected Status,” 82 Federal Register 59636-59642, December 15, 2017. through June 30, 2024, for individuals from El Salvador, Nicaragua, Honduras, and other specified countries.70 On June 13, 2023, DHS announced that it was rescinding the Trump Administration’s termination of the TPS designation for El Salvador and extending it for 18 months (until March 9, 2025).71
The large number of Central Americans with TPS, along with their length of U.S. residence and resulting substantial economic and family ties, have led some to support extending TPS—or providing LPR status—for Central Americans. Supporters have 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 could have negative consequences for the U.S. economy and labor supply, American families, foreign relations, and the flow of remittances sent by Central Americans living in the United States to their relatives in Central
63 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation 63 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.
64 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement on 64 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. 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,
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
66
Department of Homeland Security, “DHS Rescinds Prior Administration’s Termination of Temporary Protected Status Designations for El Salvador, Honduras, Nepal, and Nicaragua,” press release, June 13, 2023.
67 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement on U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
Temporary Protected Status for El Salvador,” press release, January 8, 2018, https://www.dhs.gov/news/2018/01/08/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. secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
6768 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. .
6869 U.S. Department of Homeland Security, “U.S. and El Salvador Sign Arrangements on Security and Information 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/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. 28/us-and-el-salvador-sign-arrangements-security-information-sharing-give-salvadorans.
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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 resulting substantial economic and family ties, have led some to support extending TPS—or providing LPR status—for Central Americans and Salvadorans in particular. Supporters have argued that ongoing violence, 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 could have negative consequences for the U.S. economy and labor supply, American families, foreign relations, and the flow of remittances sent by Central Americans living in the United States to their relatives in Central America.7170 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, Nicaragua, Sudan, Honduras, and Nepal,” 87 Federal Register 68717-68725, November 16, 2022. 71 Department of Homeland Security, “DHS Rescinds Prior Administration’s Termination of Temporary Protected Status Designations for El Salvador, Honduras, Nepal, and Nicaragua,” press release, June 13, 2023.
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America.72 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.
Ethiopia
Armed conflict in Ethiopia’s Tigray regional state broke out in late 2020, fueling a large-scale 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.humanitarian crisis and attracting international concern amid reports of starvation and atrocities.
7273 The conflict spread into The conflict spread into
parts of neighboring states in 2021 before a humanitarian truce was neighboring states in 2021 before a humanitarian truce was
declared in March 2022. The warring parties resumed hostilities in declared in March 2022. The warring parties resumed hostilities in
late August 2022, prompting August 2022, prompting
concern by international observers that the renewed hostilities might spur a new wave of human concern by international observers that the renewed hostilities might spur a new wave of human
rights abuses and possible atrocities.rights abuses and possible atrocities.
73 Armed conflict is also occurring in 74 A ceasefire agreement signed in November 2022 brought an end to the fighting, but tensions persist, as does large-scale displacement. Armed conflict has continued in other parts of the other parts of the
country, including in parts of its largest and most populous region, Oromia. There are also country, including in parts of its largest and most populous region, Oromia. There are also
humanitarian crises linked to drought and conflict. humanitarian crises linked to drought and conflict.
On October 21, 2022, DHS announced the
On October 21, 2022, DHS announced the
18-month designation of Ethiopia for TPS, citing “conflict-designation of Ethiopia for TPS, citing “conflict-
related violence and a humanitarian crisis involving severe food shortages, flooding, drought, and related violence and a humanitarian crisis involving severe food shortages, flooding, drought, and
displacement.”displacement.”
7475 When announcing TPS for Ethiopia, DHS further stated When announcing TPS for Ethiopia, DHS further stated
:
Due to the armed conflict, civilians are at risk of conflict-related violence, including
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 attacks, killings, rape, and other forms of gender-based violence; ethnicity-based
detentions; and human rights violations and abuses. Extraordinary and temporary detentions; and human rights violations and abuses. Extraordinary and temporary
conditions that further prevent nationals from returningconditions that further prevent nationals from returning
in safety include a humanitarian in safety include a humanitarian
crisis involving severe food insecurity, flooding, drought, large-scale displacement, and crisis involving severe food insecurity, flooding, drought, large-scale displacement, and
the impact of disease outbreaks. the impact of disease outbreaks.
69 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, Nicaragua, Sudan, Honduras, and Nepal,” 87 Federal Register 68717-68725, November 16, 2022. 70 See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)). 71
Ethiopia’s 18-month designation covers individuals who were residing in the United States as of December 12, 2022, and is to last until June 12, 2024.76 DHS estimates that approximately 26,700 Ethiopians residing in the United States as of October 20, 2022, were eligible to apply. As of March 31, 2023, 1,595 individuals had applied for TPS under the Ethiopia designation, and 915 had been approved.77
Haiti Devastation caused by a January 12, 2010, earthquake in Haiti prompted calls for the Obama Administration to grant TPS to Haitian nationals in the United States.78 The scale of the
72 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, Nicaragua: In Brief; and CRS Report RL34027, Honduras: Background and U.S. Relations.
72In Focus IF12247, Nicaragua; and CRS In Focus IF11151, Central American Migration: Root Causes and U.S. Policy .
73 See CRS Report R46905, CRS Report R46905,
Ethiopia’s Transition and the Tigray Conflict. .
7374 See, for example, The U.S. Holocaust Memorial Museum, “Museum Warns of Heightened Risk of Genocide, Mass 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, 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 providing a possible path to peace. See U.S. Department of State, “On the African Union-led Peace Talks,” November
2, 2022. 2, 2022.
7475 U.S. Department of Homeland Security, “DHS Designates Ethiopia for Temporary Protected Status for 18 Months,” U.S. Department of Homeland Security, “DHS Designates Ethiopia for Temporary Protected Status for 18 Months,”
press release, October 21, 2022. press release, October 21, 2022.
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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.”76 The announcement followed months of pressure from immigration advocates and some Members of Congress, including the chair and ranking member of the Senate Foreign Relations Committee.77 DHS estimates that 155,000 Haitians may be eligible under this designation,78 which includes 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 Obama Administration to grant TPS to Haitian nationals in the United States.79 The scale of the 76 U.S. Citizenship and Immigration Services, “Designation of Ethiopia for Temporary Protected Status,” 87 Federal Register 76074-76081, December 12, 2022.
77 Some of these applications were pending adjudication. The 915 approvals include 5 individuals who had LPR status as of March 31, 2023, and are therefore not included in the data presented in Table 1.
78 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 in 2008 resulted in hundreds of deaths and led some to label the city of Gonaives uninhabitable. The George W. Bush (continued...)
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humanitarian crisis after the earthquake—with estimates of thousands of Haitians dead and humanitarian crisis after the earthquake—with estimates of thousands of Haitians dead and
reports of the total collapse of Port au Prince’s infrastructure—led DHS to grant TPS for 18 reports of the total collapse of Port au Prince’s infrastructure—led DHS to grant TPS for 18
months to Haitian nationals who were in the United States as of January 12, 2010.months to Haitian nationals who were in the United States as of January 12, 2010.
8079 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.”
8180 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.
82
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 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 Report R46781, Latin America and the Caribbean: U.S. Policy and Key Issues in the 117th Congress, coordinated by Mark P. Sullivan.
77 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-administration-to_re-designate-haiti-for-tps.
78 United States Citizenship and Immigration Services, “Designation of Haiti for Temporary Protected Status,” 86
Federal Register 41863-41871, August 3, 2021.
79 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 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 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, U.S. Immigration Policy on Haitian Migrants.
80 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for Temporary Protected Status,” 75 Federal Register 3476-3479, January 21, 2010. 81 U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15, 2010.
82 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,” 75 Federal Register 39957, July 13, 2010.
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81
DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,
DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,
through January 22, 2013.through January 22, 2013.
8382 At the same time, DHS issued a redesignation, enabling eligible At the same time, DHS issued a redesignation, enabling eligible
Haitian nationals who had arrived in the United States up to one year after the earthquake to Haitian nationals who had arrived in the United States up to one year after the earthquake to
receive TPS. The redesignation targeted individuals who were allowed to enter the United States receive TPS. The redesignation targeted individuals who were allowed to enter the United States
immediately after the earthquake on temporary visas or humanitarian parole,immediately after the earthquake on temporary visas or humanitarian parole,
8483 but were not but were not
covered by the initial TPS designation.covered by the initial TPS designation.
8584 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.
8685
A May 2, 2017, letter from members of the Congressional Black Caucus to then-DHS Secretary
A May 2, 2017, letter from members of the Congressional Black Caucus to then-DHS Secretary
John 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.
8786 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.
8887 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.
8988 On November 20, 2017, DHS
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 migration to the United States, see archived CRS Report RS21349, U.S. Immigration Policy on Haitian Migrants.
79 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for Temporary Protected Status,” 75 Federal Register 3476-3479, January 21, 2010. 80 U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15, 2010.
81 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,” 75 Federal Register 39957, July 13, 2010.
82 On November 20, 2017, DHS announced its decision to terminate TPS for Haiti, with an 18-month transition period. Its designation was set to terminate on July 22, 2019,90 but the termination has not yet taken effect due to legal challenges.91 Haitian nationals who have been covered under the designation that began in 2010 and wish to be covered by the 2021 designation must submit a new application to DHS.
Hong Kong
Following large-scale protests in 2019, China imposed a sweeping National Security Law on Hong Kong in 2020 that many see as violating a 1984 Sino-British treaty which stated that Hong Kong’s social and economic systems and individual rights and freedoms would remain unchanged until at least 2047 and in which China promised to give Hong Kong a “high degree of
83 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of Temporary Protected Status U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of Temporary Protected Status
for Haitian Beneficiaries,” press release, May 17, 2011. for Haitian Beneficiaries,” press release, May 17, 2011.
8483 Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to
be granted authorization to enter the United State for a temporary period. INA §212(d)(5) (8 U.S.C. §1182(d)(5)). For 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, more information, see CRS Report R46570,
Immigration Parole. .
8584 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.
8685 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.
8786 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. .
8887 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.
8988 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.
90 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-duke-announcement-temporary-protected-status-haiti.
91 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.
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announced its decision to terminate TPS for Haiti, with an 18-month transition period. Its designation was set to terminate on July 22, 2019,89 but the termination was put on hold due to legal challenges.90
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.”91 The announcement followed months of pressure from immigration advocates and some Members of Congress, including the chair and ranking member of the Senate Foreign Relations Committee.92 DHS estimated that 155,000 Haitians would be eligible under this designation,93 which includes individuals who were already covered by the separate TPS designation that began in 2010. In December 2022, DHS extended Haiti’s designation for another 18 months and at the same time redesignated Haiti for TPS, allowing Haitian nationals who had arrived in the United States by November 6, 2022, to apply.94 DHS estimated that an additional 105,100 Haitians would be eligible to apply under this redesignation.
Hong Kong Following large-scale protests in 2019, China imposed a sweeping National Security Law on Hong Kong in 2020 that many see as violating a 1984 Sino-British treaty which stated that Hong Kong’s social and economic systems and individual rights and freedoms would remain unchanged until at least 2047 and in which China promised to give Hong Kong a “high degree of autonomy.”95 In February 2021, after Hong Kong authorities charged pro-democracy politicians In February 2021, after Hong Kong authorities charged pro-democracy politicians
and activists with subversion under the new law, U.S. Secretary of State Antony Blinken called 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 for their immediate release, tweeting, “Political participation and freedom of expression should
not be crimes.”not be crimes.”
9396 On August 5, 2021, President Biden granted DED to certain Hong Kong On August 5, 2021, President Biden granted DED to certain Hong Kong
residents currently in the United States citing the “significant erosion” of human rights and residents currently in the United States citing the “significant erosion” of human rights and
fundamental freedoms.fundamental freedoms.
9497 Under this directive, eligible individuals may apply to DHS for work 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 2021.95
Liberia
89 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-duke-announcement-temporary-protected-status-haiti.
90 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.
91 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-temporary-protected-status-18-months. For further information on country conditions, see the “Haiti” section in CRS Report R46781, Latin America and the Caribbean: U.S. Policy and Key Issues in the 117th Congress.
92 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-administration-to_re-designate-haiti-for-tps.
93 U.S. Citizenship and Immigration Services, “Designation of Haiti for Temporary Protected Status,” 86 Federal Register 41863-41871, August 3, 2021.
94 Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Haiti for Temporary Protected Status,” 88 Federal Register 5022-5032, January 26, 2023. 95 See CRS In Focus IF10119, China Primer: U.S.-China Relations. 96 Ibid. 97 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.
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estimated that the Hong Kong population eligible for DED was 3,860 in March 2021.98 On January 26, 2023, President Biden announced a two-year extension (through February 5, 2025) of DED for certain Hong Kong residents, including those who arrived in the United States by January 26, 2023.99
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.
96100 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.
97101 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.
98102
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.
99103 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.”
100104 Similar termination Similar termination
notices were issued for Sierra Leone and Guinea. notices were issued for Sierra Leone and Guinea.
92 See CRS In Focus IF10119, China Primer: U.S.-China Relations. 93 Ibid. 94
For a specially designated population of Liberians who had been residing in the United States since October 2002, DED status was extended by President Obama through March 31, 2018.105 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
98 Email to CRS from USCIS, January 7, 2022. 99 The White House (President Biden), Office of the Press Secretary, “Memorandum on The White House (President Biden), Office of the Press Secretary, “Memorandum on
theExtending and Expanding Eligibility for Deferred Enforced 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, Homeland Security,
August 5, 2021.
95 Email to CRS from USCIS, January 7, 2022. 96January 26, 2023.
100 See archived CRS Report RL32243, See archived CRS Report RL32243,
Liberia: Transition to Peace. .
97101 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.
98102 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.
99103 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.
100104 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.
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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.102105 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.
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warranted a 12-month wind-down period.106 A lawsuit challenging the termination A lawsuit challenging the termination
was filed in federal court on March 8, 2019.was filed in federal court on March 8, 2019.
103107 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.
104108 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).
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).
105109 The deadline for submitting LRIF applications was December 20, The deadline for submitting LRIF applications was December 20,
2021. 2021.
Liberia’s DED grant expired on January 10, 2021. On his first day in office, President Biden
Liberia’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 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 grant, citing foreign policy reasons and a desire to provide protection and work authorization for
Liberians in the process of adjusting status under LRIF.Liberians in the process of adjusting status under LRIF.
106110 In June 2022, President Biden In June 2022, President Biden
announced a two-year extension of DED for Liberia and expanded the eligibility to include 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.Liberians who have been continuously present in the United States since May 20, 2017.
107111 This This
date aligns with the end of Liberia’s most recent TPS designation and thus allows certain 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 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, receive protection from removal and work authorization. In his memorandum extending DED,
President Biden stated, “Providing protection from removal and work authorization to these 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 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.
102they 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.”112
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
106 The White House (President Trump), Office of the Press Secretary, “Expiration of Deferred Enforced Departure for 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, Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 27,
2018. 2018.
103107 Complaint, African Cmtys. Together v. Trump, No. 1:19-cv-10432 (D. Mass. Mar. 8, 2019). Complaint, African Cmtys. Together v. Trump, No. 1:19-cv-10432 (D. Mass. Mar. 8, 2019).
104108 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.
105109 Section 901 of the Consolidated Appropriations Act, 2021 (P.L. 116-260) extended by one year the deadline to 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). apply for LRIF (to December 20, 2021).
106110 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.
107111 The White House (President Biden), Office of the Press Secretary, “Extending and Expanding Eligibility for 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 Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of
Homeland Security, June 27, 2022. Homeland Security, June 27, 2022.
112 Ibid.
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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.many areas. Over half a million homes were reportedly destroyed.
109113 On June 24, 2015, citing a On June 24, 2015, citing a
substantial but temporary disruption in living conditions as a result of the earthquake, then-DHS substantial but temporary disruption in living conditions as a result of the earthquake, then-DHS
Secretary Jeh Johnson designated Nepal for TPS for an 18-month period.Secretary Jeh Johnson designated Nepal for TPS for an 18-month period.
110114 TPS for Nepal was TPS for Nepal was
extended for 18 months in October 2016.extended for 18 months in October 2016.
111115 On April 26, 2018, then-Secretary Kirstjen Nielsen On April 26, 2018, then-Secretary Kirstjen Nielsen
announced her decision to terminate the TPS designation for Nepal, citing her assessment that the announced her decision to terminate the TPS designation for Nepal, citing her assessment that the
original conditions under which the country was designated were no longer substantial and that original conditions under which the country was designated were no longer substantial and that
Nepal could adequately handle the return of its nationals.Nepal could adequately handle the return of its nationals.
112116 A 12-month delay of the termination A 12-month delay of the termination
date to allow for an orderly transition was also announced; the TPS designation for Nepal was date to allow for an orderly transition was also announced; the TPS designation for Nepal was
thus set to terminate on June 24, 2019.thus set to terminate on June 24, 2019.
113117 The termination The termination
has not yet taken effectwas put on hold due to a legal due to a legal
challenge.challenge.
114
Somalia
118 On June 13, 2023, DHS announced that it was rescinding the Trump Administration’s termination of Nepal’s designation (along with those for three Central American countries, as described above) and extending it 18 months, through June 24, 2025.
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.
115119 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.”
116120 Through Through
2526 subsequent extensions or redesignations, Somalia has maintained TPS due to subsequent extensions or redesignations, Somalia has maintained TPS due to
insecurity and ongoing armed conflict that present serious threats to the safety of returnees. 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 through
March 17, 2023September 17, 2024; at the same time, he redesignated Somalia, moving the cutoff date ; 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 United States since
July 19, 2021January 11, 2023, to apply.121 DHS estimated that approximately 2,200 individuals may become newly eligible for TPS under the redesignation of Somalia.122
113, to apply.117
108 Ibid. 109 See CRS Report R44303, See CRS Report R44303,
Nepal: Political Developments and U.S. Relations. For information on more recent . For information on more recent
country conditions, see CRS In Focus IF10216, country conditions, see CRS In Focus IF10216,
Nepal. .
110114 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for Temporary U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for Temporary
Protected Status,” 80 Protected Status,” 80
Federal Register 36346-36350, June 24, 2015. 36346-36350, June 24, 2015.
111115 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation
of Nepal for Temporary Protected Status,” 81of Nepal for Temporary Protected Status,” 81
Federal Register 74470-74475, October 26, 2016. 74470-74475, October 26, 2016.
112116 U.S. Department of Homeland Security, “Secretary Kirstjen M. Nielsen Announcement on Temporary Protected 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-Status for Nepal,” press release, April 26, 2018, https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-
announcement-temporary-protected-status-nepal. announcement-temporary-protected-status-nepal.
113117 Ibid. Ibid.
114118 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. .
115119 See CRS In Focus IF10155, See CRS In Focus IF10155,
Somalia. .
116120 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.
117121 U.S. Department of Homeland Security, 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,” Protected Status,”
8688 Federal Register 38744-38753, July 22, 202115434-15443, March 13, 2023.
122 Ibid. .
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Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.
118123 Citing both ongoing armed conflict and extraordinary and temporary conditions that would Citing both ongoing armed conflict and extraordinary and temporary conditions that would
prevent the safe return of Sudanese nationals, the Attorney General designated Sudan for TPS on prevent the safe return of Sudanese nationals, the Attorney General designated Sudan for TPS on
November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 15 November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 15
times. times.
On July 9, 2011, South Sudan became a new nation.
On July 9, 2011, South Sudan became a new nation.
119124 With South Sudan’s independence from With South Sudan’s independence from
the Republic of Sudan, questions arose about whether nationals of the new nation would continue 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 to be eligible for TPS. In response, then-Secretary Napolitano designated South Sudan for TPS on
October 17, 2011.October 17, 2011.
120125 TPS has been extended or redesignated eight times since then due to ongoing 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 armed conflict and extraordinary and temporary conditions in South Sudan, including “ongoing
civil war marked by brutal violence against civilians, egregious human rights violations and civil war marked by brutal violence against civilians, egregious human rights violations and
abuses, and a humanitarian disaster on a devastating scale across the country.”abuses, and a humanitarian disaster on a devastating scale across the country.”
121126 The latest The latest
extension was for 18 months and expires on November 3, 2023.extension was for 18 months and expires on November 3, 2023.
122127 This extension was 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.
123128 The termination The termination
has not yet taken effectwas put on hold due to due to
a legal challenge.a legal challenge.
124129
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.”
125130 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 DHS
estimatesestimated that approximately 3,090 individuals that approximately 3,090 individuals
arewould be eligible to file applications for TPS under eligible to file applications for TPS under
the designation of Sudan.the designation of Sudan.
126
118131
123 See CRS In Focus IF10182, See CRS In Focus IF10182,
Sudan. .
119124 See CRS In Focus IF10218, See CRS In Focus IF10218,
South Sudan. .
120125 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of
South Sudan for Temporary Protected Status,” 76South Sudan for Temporary Protected Status,” 76
Federal Register 63629-63635, October 13, 2011. 63629-63635, October 13, 2011.
121126 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for
Temporary Protected Status,” 82 Temporary Protected Status,” 82
Federal Register 44205-44211, September 21, 2017. 44205-44211, September 21, 2017.
122127 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 South Sudan for Temporary Protected Status,” 87 of South Sudan for Temporary Protected Status,” 87
Federal Register 12190-12201, March 3, 2022. 12190-12201, March 3, 2022.
123128 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Termination of the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Termination of the
Designation of Sudan for Temporary Protected Status,” 82 Designation of Sudan for Temporary Protected Status,” 82
Federal Register 47228-47234, October 11, 2017. 47228-47234, October 11, 2017.
124129 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. .
125130 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Sudan and Extends and Redesignates 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. South Sudan for Temporary Protected Status,” press release, March 2, 2022.
126131 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Sudan for 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.
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Syria
The political uprising of 2011 in Syria grew into a protracted civil war; as of late 2022, 5.The political uprising of 2011 in Syria grew into a protracted civil war; as of late 2022, 5.
56 million Syrians million Syrians
arewere registered as refugees in neighboring countries and 6. registered as refugees in neighboring countries and 6.
79 million million
remainremained internally displaced.internally displaced.
127132 On March 29, 2012, then-Secretary of Homeland Security Janet On March 29, 2012, then-Secretary of Homeland Security Janet
Napolitano designated Syria for TPS through September 30, 2013, citing temporary extraordinary Napolitano designated Syria for TPS through September 30, 2013, citing temporary extraordinary
conditions that would make it unsafe for Syrian nationals already in the United States to return to conditions that would make it unsafe for Syrian nationals already in the United States to return to
the country.the country.
128133 In that initial granting of TPS, Secretary Napolitano made clear that DHS would In that initial granting of TPS, Secretary Napolitano made clear that DHS would
conduct full background checks on Syrians registering for TPS.conduct full background checks on Syrians registering for TPS.
129134
TPS for Syrian nationals has since been extended in 18-month increments on the bases of
TPS for Syrian nationals has since been extended in 18-month increments on the bases of
ongoing armed conflict and extraordinary and temporary conditions. The extension on August 1, ongoing armed conflict and extraordinary and temporary conditions. The extension on August 1,
2016, was accompanied by a redesignation, which updated the required arrival date into the 2016, was accompanied by a redesignation, which updated the required arrival date into the
United States for Syrians from January 5, 2015, to August 1, 2016.United States for Syrians from January 5, 2015, to August 1, 2016.
130135 The Trump Administration The Trump Administration
extended Syria’s designation twice without redesignating; thus, Syrians who entered the United extended Syria’s designation twice without redesignating; thus, Syrians who entered the United
States after August 1, 2016, remained ineligible.States after August 1, 2016, remained ineligible.
131136 The Biden Administration has twice extended The Biden Administration has twice extended
(for 18 months each) and redesignated Syria for TPS.(for 18 months each) and redesignated Syria for TPS.
132137 The latest redesignation allows Syrian The latest redesignation allows Syrian
nationals who have been residing in the United States since July 28, 2022nationals who have been residing in the United States since July 28, 2022
, to apply for TPS. DHS to apply for TPS. DHS
estimatesestimated that approximately 960 individuals may that approximately 960 individuals may
becomebe newly eligible for TPS under the latest newly eligible for TPS under the latest
redesignation.redesignation.
133138
Ukraine
On February 24, 2022, Russia launched a full-scale attack on Ukraine.On February 24, 2022, Russia launched a full-scale attack on Ukraine.
134139 The United States and The United States and
its allies have condemned the invasion and are imposing trade and financial sanctions on Russia its allies have condemned the invasion and are imposing trade and financial sanctions on Russia
and enhancing their own military deterrence posture.and enhancing their own military deterrence posture.
135140 The invasion has triggered massive The invasion has triggered massive
Temporary Protected Status,” 87 Federal Register 23202-23210, April 19, 2022. 127
132 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. .
128133 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.
129134 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.
130135 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.
131136 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
Syria for Temporary Protected Status,” 83Syria for Temporary Protected Status,” 83
Federal Register 9329-9336, March 5, 2018; and U.S. Department of 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 Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation Syria for Temporary
Protected Status,” 84Protected Status,” 84
Federal Register 49751-49757, September 23, 2019. 49751-49757, September 23, 2019.
132137 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 Syria for Temporary Protected Status,” 86of Syria for Temporary Protected Status,” 86
Federal Register 14946-14952, March 19, 2021; and U.S. Department of 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 Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria for Temporary
Protected Status,” 87Protected Status,” 87
Federal Register 46982-46991, August 1, 2022. 46982-46991, August 1, 2022.
133138 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 Syria for Temporary Protected Status,” 87of Syria for Temporary Protected Status,” 87
Federal Register 46982-46991, August 1, 2022. 46982-46991, August 1, 2022.
134139 For more information, see CRS Insight IN11872, For more information, see CRS Insight IN11872,
Russia’s Invasion of Ukraine: Military and Intelligence Issues and
Aspects. .
135140 For more information, see CRS Insight IN11869, 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, ; CRS In Focus IF12062,
New Financial and Trade Sanctions Against Russia; and CRS Insight ; and CRS Insight
IN11866, Russia’s Invasion of Ukraine: NATO Response.
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refugee flows to neighboring countries and led to millions of people being internally displaced.
refugee flows to neighboring countries and led to millions of people being internally displaced.
136141 The United States is providing funding for humanitarian assistance.The United States is providing funding for humanitarian assistance.
137142
On March 3, 2022, DHS Secretary Mayorkas announced the designation of Ukraine for TPS for
On March 3, 2022, DHS Secretary Mayorkas announced the designation of Ukraine for TPS for
18 months.18 months.
138143 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.”
139144 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.
140145 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.
141146 Thus, Ukrainians who traveled to the United States between March 1 and April 11 Thus, Ukrainians who traveled to the United States between March 1 and April 11
, 2022, are also are also
eligible to apply for TPS. DHS eligible to apply for TPS. DHS
estimatesestimated that 59,600 Ukrainians that 59,600 Ukrainians
arewould be eligible to apply for TPS. eligible to apply for TPS.
Venezuela
Venezuela is in a deep crisis under the authoritarian rule of Nicolás Maduro. Narrowly elected in Venezuela is in a deep crisis under the authoritarian rule of Nicolás Maduro. Narrowly elected in
2013 after the death of populist President Hugo Chávez, Maduro began a second term in January 2013 after the death of populist President Hugo Chávez, Maduro began a second term in January
2019 that is widely considered illegitimate.2019 that is widely considered illegitimate.
142147 By most accounts, Maduro’s government has By most accounts, Maduro’s government has
mismanaged the economy and engaged in massive corruption, exacerbating the effects of a mismanaged the economy and engaged in massive corruption, exacerbating the effects of a
decline in global oil prices and production on the country’s economy. Shortages in food and decline in global oil prices and production on the country’s economy. Shortages in food and
medicine, declines in purchasing power, and a collapse of social services have created a medicine, declines in purchasing power, and a collapse of social services have created a
humanitarian crisis.humanitarian crisis.
143148
During 2019, some Members of Congress and nonprofit organizations requested that the Trump
During 2019, some Members of Congress and nonprofit organizations requested that the Trump
Administration designate Venezuela for TPS,Administration designate Venezuela for TPS,
144149 and the House passed a bill (H.R. 549) that would and the House passed a bill (H.R. 549) that would
have designated Venezuela for TPS for 18 months.have designated Venezuela for TPS for 18 months.
145150 A Senate effort in July 2020 to pass H.R. 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 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 Director of USCIS stated that USCIS would not recommend any new countries for TPS “until
such time as federal courts resume following federal law,” referring to court decisions to enjoin such time as federal courts resume following federal law,” referring to court decisions to enjoin
the Trump Administration’s terminations of TPS designations for several countries.the Trump Administration’s terminations of TPS designations for several countries.
146 The Trump
IN11866, Russia’s Invasion of Ukraine: NATO Response.
136151 The Trump
141 See CRS Insight IN11882, See CRS Insight IN11882,
Humanitarian and Refugee Crisis in Ukraine. .
137142 Ibid. Ibid.
138143 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.
139144 Ibid. Ibid.
140145 Ibid. Ibid.
141146 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.
142147 For more information, see CRS In Focus IF10230, For more information, see CRS In Focus IF10230,
Venezuela: Political Crisis and U.S. Policy. .
143148 Ibid. Ibid.
144149 See, for example, letter from 24 U.S. Senators to President Donald J. Trump, March 7, 2019, 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; 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, 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. https://www.uscis.gov/sites/default/files/document/foia/TPS_-_Venezuela_-_Representative_Mucarsel-Powell.pdf.
145150 H.R. 549, 116th Congress. H.R. 549, 116th Congress.
146151 Letter from Ken Cucinelli II, acting director, USCIS, to Leith Anderson, president, National Association of 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_-Evangelicals, October 24, 2019, https://www.uscis.gov/sites/default/files/document/foia/TPS_-_Venezuela_-
(continued...)
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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 18 months for Venezuelans present in the United States as of President Trump granted DED for 18 months for Venezuelans present in the United States as of
January 20, 2021, asserting that the Maduro regime is responsible for “the worst humanitarian January 20, 2021, asserting that the Maduro regime is responsible for “the worst humanitarian
crisis in the Western Hemisphere in recent memory.”crisis in the Western Hemisphere in recent memory.”
147152
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, 2021, DHS Secretary Mayorkas and extend or terminate the status accordingly. On March 8, 2021, DHS Secretary Mayorkas
announced an 18-month TPS designation for Venezuela, citing the following factors: announced 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
(including internal(including internal
migration, emigration, and return); andmigration, emigration, and return); and
the impact of thethe impact of the
COVID-19 COVID-19
pandemic, among other factors.pandemic, among other factors.
148153
USCIS estimated that approximately 323,000 individuals were eligible to file applications for
USCIS estimated that approximately 323,000 individuals were eligible to file applications for
TPS under this designation of Venezuela.TPS under this designation of Venezuela.
149154
On July 11, 2022, DHS announced an 18-month extension of Venezuela’s TPS.
On July 11, 2022, DHS announced an 18-month extension of Venezuela’s TPS.
150155 Despite calls to Despite calls to
allow Venezuelans who arrived after March 8, 2021allow Venezuelans who arrived after March 8, 2021
, to apply for TPS, to apply for TPS,
151156 the extension was not the extension was not
accompanied by a redesignation to move the arrival date forward.accompanied by a redesignation to move the arrival date forward.
152157 On July 20, 2022, On July 20, 2022,
Venezuela’s DED grant expired. 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. .
147152 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.
148153 U.S. Department of Homeland Security, “Designation of Venezuela for Temporary Protected Status and 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,” 86Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86
Federal
Register 13574-13581, March 9, 2021. 13574-13581, March 9, 2021.
149154 Ibid. Ibid.
150155 U.S. Department of Homeland Security, “DHS Announces Extension of Temporary Protected Status for U.S. Department of Homeland Security, “DHS Announces Extension of Temporary Protected Status for
Venezuela,” press release, July 11, 2022. Venezuela,” press release, July 11, 2022.
151156 See letter from 22 Senators to Secretary of State Antony J. Blinken and Secretary of Homeland Security Alejandro 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, 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 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 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/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 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 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. State Antony J. Blinken and Secretary of Homeland Security Alejandro Mayorkas, July 19, 2022.
152157 U.S. Department of Homeland Security, “Extension of the Designation of Venezuela for Temporary Protected U.S. Department of Homeland Security, “Extension of the Designation of Venezuela for Temporary Protected
Status,” 87Status,” 87
Federal Register 55024-55032, September 10, 2022. 55024-55032, September 10, 2022.
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Yemen
On September 3, 2015, then-DHS Secretary Johnson designated Yemen for TPS for 18 months On September 3, 2015, then-DHS Secretary Johnson designated Yemen for TPS for 18 months
due to ongoing armed conflict in the country.due to ongoing armed conflict in the country.
153158 A 2015 DHS press release stated that “requiring A 2015 DHS press release stated that “requiring
Yemeni nationals in the United States to return to Yemen would pose a serious threat to their Yemeni nationals in the United States to return to Yemen would pose a serious threat to their
personal safety.”personal safety.”
154159 Since 2015, the war in Yemen has internally displaced more than 4.3 million Since 2015, the war in Yemen has internally displaced more than 4.3 million
people.people.
155160 According to the United Nations, Yemen is experiencing one of the world’s worst According to the United Nations, Yemen is experiencing one of the world’s worst
humanitarian crises, with nearly three quarters of the population in need of humanitarian humanitarian crises, with nearly three quarters of the population in need of humanitarian
assistance.assistance.
156161 Relief efforts in the region have been complicated by ongoing violence and Relief efforts in the region have been complicated by ongoing violence and
considerable damage to the country’s infrastructure.considerable damage to the country’s infrastructure.
157162
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.
158163 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.
159164 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.
160165 In July 2021 In July 2021
and again in January 2023, the Biden Administration extended Yemen’s designation for 18 , the Biden Administration extended Yemen’s designation for 18
months and, at the same time, redesignated the country, thereby 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.161allowing more recent arrivals to the United States to apply.166
State of Residence of TPS Recipients
Individuals with TPS reside in all 50 states, the District of Columbia, and U.S. territories. The 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 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: 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. SeeMaryland, Virginia, New Jersey, Georgia, Massachusetts, and North Carolina. See
Figure 1 and and
Table A-13. From February 2022 to From February 2022 to
November 2022March 2023, Florida’s TPS population increased from , Florida’s TPS population increased from
15365,100 to
158 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.
154159 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.
155160 United Nations Office for the Coordination of Humanitarian Affairs, “Yemen Humanitarian Update – Issue 9,” United Nations Office for the Coordination of Humanitarian Affairs, “Yemen Humanitarian Update – Issue 9,”
September 2022. September 2022.
156161 United Nations Population Fund, “Yemen: One of the world’s largest humanitarian crises,” October 11, 2022. United Nations Population Fund, “Yemen: One of the world’s largest humanitarian crises,” October 11, 2022.
157162 See CRS Report R43960, See CRS Report R43960,
Yemen: Civil War and Regional Intervention. .
158163 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.
159
164 Ibid. Ibid.
160165 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
Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for
Temporary Protected Status,” 85 Temporary Protected Status,” 85
Federal Register 12313-12319, March 2, 2020. 12313-12319, March 2, 2020.
161 United States166 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Yemen for Temporary Citizenship and Immigration Services, “Extension and Redesignation of Yemen for Temporary
Protected Status,” 86Protected Status,” 86
Federal Register 36295-36302, July 9, 2021 36295-36302, July 9, 2021
; and U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Yemen for Temporary Protected Status,” 88 Federal Register 94-103, January 3, 2023. .
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65,100 to 164,355197,485, the largest numeric increase of any state., the largest numeric increase of any state.
162 Venezuelans accounted for Venezuelans accounted for
three quarterstwo-thirds of this growth. 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
November 7, 2022March 31, 2023, who had not obtained LPR status or U.S. citizenship. The data may include , 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.
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.
163167 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
167 To adjust to LPR status, an individual generally must have been “inspected and admitted or paroled” into the United 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 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 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 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, 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. .
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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.
164
Legislative Activity in the 117th Congress
Various bills related to TPS and DED have been introduced in the 117th Congress.165 These include bills that would add new designations for TPS166 (e.g., Venezuela and Hong Kong), make TPS and DED recipients eligible for federal financial aid for higher education,167 and provide for adjustment to LPR status for certain TPS and DED recipients.168 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 See archived CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in
Senate-Passed S. 744.
165 The bills described in this section are those that were identified by CRS by searching congress.gov using the following terms: “temporary protected status,” “8 U.S.C. 1254a,” and “deferred enforced departure.” Bills that mention TPS or DED only in “Findings” sections are not discussed. 166 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.
167 See, for example, H.R. 4502, H.R. 4815, H.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. 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.
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individuals who were eligible for TPS as of January 1, 2017, or DED as of January 20, 2021, and who accumulate three years of continuous presence in the United States to become LPRs. These provisions would apply to nationals of 14 countries. H.R. 6 also includes a provision (§203) that would clarify that TPS recipients are considered “inspected and admitted” for purposes of adjustment to LPR status.173 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 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 Senate Judiciary Committee held a hearing on H.R. 6 on June 15, 2021, but no further action has been taken on these two bills as of the cover date of this report.
The House passed two other bills that contain TPS provisions. An appropriations bill that passed the House on July 29, 2021 (H.R. 4502) would have made TPS and DED recipients eligible for federal financial aid for higher education. The related Consolidated Appropriations Act of 2022, which became law on March 15, 2022 (P.L. 117-103), did not include this provision. The America COMPETES Act of 2022 (H.R. 4521), as passed by the House on February 4, 2022, would designate Hong Kong for TPS for a period of 18 months.
Table A-1. Individuals with Temporary Protected Status by State of Residence
Individuals
Individuals
State
with TPS
State
with TPS
Alabama
1,230
Nevada
3,560
Alaska
265
New Hampshire
340
Arizona
1,620
New Jersey
19,960
Arkansas
2,835
New Mexico
330
California
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.
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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
Source: Data provided to CRS by USCIS. Notes: These data reflect individuals (rounded to the nearest five) with TPS as of November 7, 2022, who had 168 Two bills that would have provided LPR status to certain TPS and DED recipients passed the House in the 117th Congress. Title II of the American Dream and Promise Act of 2021 (H.R. 6) would have allowed individuals who were eligible for TPS as of January 1, 2017, or DED as of January 20, 2021, and who had been in the United States for three years to become LPRs. These provisions would have applied to nationals of 14 countries. H.R. 6 also included a provision (§203) that would have clarified that TPS recipients are considered “inspected and admitted” for purposes of adjustment to LPR status.169 The Farm Workforce Modernization Act of 2021 (H.R. 1603) would have established a process for certain farm workers in the United States to obtain a legal temporary status and then LPR status. TPS and DED recipients who met the farm work and other requirements under the 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 was taken on these bills in the 117th Congress.
Legislative Activity in the 118th Congress Various bills related to TPS and DED have been introduced in the 118th Congress.170 These include bills that would designate Lebanon for TPS,171 make TPS and DED recipients eligible for federal financial aid for higher education,172 make TPS and DED beneficiaries eligible for congressional employment,173 and provide for adjustment to LPR status for certain TPS and DED
168 See archived CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in Senate-Passed S. 744.
169 For more information, see CRS Legal Sidebar LSB10607, Supreme Court: Unlawful Entrants with Temporary Protected Status Cannot Adjust to Lawful Permanent Resident Status.
170 The bills described in this section are those that were identified by CRS by searching congress.gov using the following terms: “temporary protected status,” “8 U.S.C. 1254a,” and “deferred enforced departure.” Bills that mention TPS or DED only in “Findings” sections are not discussed.
171 H.R. 2913. 172 See, for example, H.R. 4117 and H.R. 1701. 173 H.R. 1382 and S. 672.
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recipients.174 Other bills introduced in the 118th Congress seek to limit TPS, such as by making ineligible individuals who are members of criminal gangs.175 One bill takes a multi-pronged approach that includes requiring congressional approval for extensions of TPS designations beyond a country’s first extension; prohibiting designations for countries whose designations were terminated in the last 18 months under certain conditions; making ineligible for TPS individuals who entered the United States unlawfully; limiting DHS authority to waive certain grounds of inadmissibility for TPS applicants; and imposing additional restrictions on TPS recipients who travel abroad.176
Table 3. Individuals with Temporary Protected Status by State of Residence
Individuals
Individuals
State
with TPS
State
with TPS
Alabama
1,415
Nevada
3,795
Alaska
310
New Hampshire
385
Arizona
1,795
New Jersey
22,575
Arkansas
2,840
New Mexico
365
California
60,420
New York
54,010
Colorado
4,250
North Carolina
16,810
Connecticut
3,995
North Dakota
145
Delaware
1,750
Ohio
6,005
District of Columbia
2,745
Oklahoma
1,955
Florida
197,485
Oregon
1,520
Georgia
19,970
Pennsylvania
6,315
Hawaii
155
Rhode Island
945
Idaho
360
South Carolina
3,520
Il inois
9,905
South Dakota
235
Indiana
8,780
Tennessee
6,145
Iowa
1,470
Texas
69,840
Kansas
1,380
Utah
5,380
Kentucky
1,765
Vermont
60
Louisiana
2,155
Virginia
24,090
Maine
240
Washington
5,085
Maryland
25,175
West Virginia
230
Massachusetts
19,735
Wisconsin
1,275
Michigan
2,200
Wyoming
80
174 See, for example, H.R. 16, H.R. 3043, H.R. 3194, S. 365, S. 1392, and S. 1727. 175 H.R. 367. 176 S. 207.
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Minnesota
3,255
U.S. Virgin Islands
1,785
Mississippi
505
Puerto Rico
420
Missouri
1,835
Other/Unknown
120
Montana
85
Nebraska
1,580
Total
610,630
Source: Data provided to CRS by USCIS. Notes: Numbers are rounded to the nearest five by USCIS and may not sum to total due to rounding. These data reflect individuals with TPS as of March 31, 2023, 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 Micronesiathe United States and are eligible for the status. “Other” includes Federated States of Micronesia
, Northern Mariana Islands, Guam, and the , Guam, and the
Armed Forces. Armed Forces.
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
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