Temporary Protected Status: Overview and
March 22, 2019
Current Issues
Jill H. Wilson
When civil unrest, violence, or natural disasters erupt in countries around the world, concerns
Analyst in Immigration
arise over the ability of foreign nationals in the United States from those countries to safely
Policy
return. Provisions exist in the Immigration and Nationality Act (INA) to offer temporary

protected status (TPS) and other forms of relief from removal under specified circumstances. The
Secretary of Homeland Security has the discretion to designate a country for TPS for periods of 6

to 18 months and can extend these periods if the country continues to meet the conditions for
designation. Congress has also provided TPS legislatively. A foreign national who is granted TPS receives a registration
document and employment authorization for the duration of a given TPS designation.
The United States currently provides TPS to approximately 417,000 foreign nationals from 10 countries: El Salvador, Haiti,
Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. Certain Liberians maintain relief under a
similar administrative mechanism known as Deferred Enforced Departure (DED). Since September 2017, the Secretary of
Homeland Security has announced plans to terminate TPS for six countries—El Salvador, Haiti, Honduras, Nepal, Nicaragua,
and Sudan—and extend TPS for Somalia, South Sudan, Syria, and Yemen. In March 2018, President Trump announced an
end to DED for Liberia. Several lawsuits have been filed challenging the TPS and DED termination decisions.
There is ongoing debate about whether foreign nationals who have been living in the United States for long periods of time
with TPS or DED should receive a pathway to lawful permanent resident (LPR) status. Various proposals related to TPS have
been introduced in the 115th and 116th Congresses, including to expand the program to additional countries (e.g., Venezuela),
provide a pathway to LPR status, prohibit gang members or those without lawful status from receiving TPS, and phase out
the program.
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Temporary Protected Status: Overview and Current Issues

Background
Federal law provides that all aliens1 must enter the United States pursuant to the Immigration and
Nationality Act (INA). The two major categories of aliens in the INA are (1) immigrants, who are
admitted to the United States permanently, and (2) nonimmigrants, who are admitted for
temporary reasons (e.g., students, tourists, temporary workers, or business travelers). Foreign
nationals who lack proper immigration authorization generally fall into three 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 the basis of
fraudulent documents. In all three instances, the aliens are in violation of the INA and subject to
removal.
Temporary Protected Status (TPS), codified by INA Section 244,2 provides temporary relief from
removal and work authorization to foreign nationals in the United States from countries
experiencing armed conflict, natural disaster, or other extraordinary circumstances that prevent
their safe return. This report begins by situating TPS in the context of humanitarian responses to
migration. Another form of blanket relief from removal3—Deferred Enforced Departure (DED)—
is also described, as is the historical use of these relief mechanisms. This report then provides
data on the countries currently designated for TPS, including the conditions that have contributed
to their designation. Past legislation to provide lawful permanent resident status to certain TPS-
designated foreign nationals is also described. The report concludes with examples of activity in
the 115th and 116th Congresses related to TPS.
Humanitarian Response
As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees
(hereinafter, U.N. Protocol),4 the United States agrees to the principle of nonrefoulement, which
asserts that a refugee should not be returned to a country where he/she faces serious threats to
his/her life or freedom. (This is now considered a rule of customary international law.)
Nonrefoulement is embodied in several provisions of U.S. immigration law. Most notably, it is
reflected in INA provisions requiring the government to withhold the removal of a foreign
national to a country in 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.5

1 Alien is the term used in law and is defined as anyone who is not a citizen or national of the United States. A U.S.
national is a person owing permanent allegiance to the United States and includes citizens. Noncitizen nationals are
individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United
States. In this report, the terms alien and foreign national are used interchangeably.
2 8 U.S.C. §1254a.
3 The term blanket relief in this report refers to relief from removal that is administered to a group of individuals based
on their ties to a foreign country; this stands in contrast to asylum, which is relief administered on a case-by-case basis
to individuals based on their personal circumstances.
4 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
asylum are entitled to receive. It also states the responsibilities of nations that grant asylum. United Nations High
Commission for Refugees, Convention Relating to the Status of Refugees and Its 1967 Protocol, Geneva, Switzerland,
http://www.unhcr.org/en-us/about-us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967-
protocol.html.
5 Section 208 of INA (8 U.S.C. §1158); Section 241(b)(3) of INA (8 U.S.C. §1231); and Section 101(a)(42) of INA (8
U.S.C. §1101(a)(42)).
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The legal definition of a refugee in the INA, which is consistent with the U.N. Protocol, specifies
that a refugee is a person who is 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
race, religion, nationality, membership in a particular social group, or political opinion.6 This
definition also applies to individuals seeking asylum. Under the INA, refugees and asylees differ
on the physical location of the persons seeking the status. Those who are displaced abroad to a
country other than their home country apply for refugee status, while those who are in the United
States or at a U.S. port of entry apply for asylum.7 Other foreign nationals in the United States
who may elicit a humanitarian response do not meet the legal definition for asylum; under certain
circumstances these persons may be eligible for relief from removal through TPS or DED.
Temporary Protected Status
TPS is a blanket form of humanitarian relief. It is the statutory embodiment of safe haven for
foreign nationals within the United States who may not meet the legal definition of refugee or
asylee but are nonetheless fleeing—or reluctant to return to—potentially dangerous situations.
TPS was established by Congress as part of the Immigration Act of 1990 (P.L. 101-649). The
statute gives the Secretary of the Department of Homeland Security (DHS),8 in consultation with
other government agencies (most notably the Department of State), the authority to designate a
country for TPS under one or more of the following conditions: ongoing armed conflict in a
foreign state that poses a serious threat to personal safety; a foreign state request for TPS because
it temporarily cannot handle the return of its nationals due to an environmental disaster; or
extraordinary and temporary conditions in a foreign state that prevent its nationals from safely
returning. A foreign state may not be designated for TPS if the Secretary of DHS finds that
allowing its nationals to temporarily stay in the United States is against the U.S. national interest.9
The Secretary of DHS can designate a country for TPS for periods of 6 to 18 months and can
extend these periods if the country continues to meet the conditions for designation.10 To obtain
TPS, eligible foreign nationals within the United States must pay specified fees11 and submit an
application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the deadline set
forth in the Federal Register notice announcing the TPS designation. The application must
include supporting documentation as evidence of eligibility (e.g., a passport issued by the
designated country and records showing continuous physical presence in the United States since
the date established in the TPS designation).12 The statute specifies grounds of inadmissibility that

6 INA §101(a)(42).
7 See CRS Report R45539, Immigration: U.S. Asylum Policy; and CRS Report RL31269, Refugee Admissions and
Resettlement Policy.
8 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.
107-296), most of the Attorney General’s immigration-related authority transferred to the Secretary of DHS as of
March 1, 2003.
9 INA §244(b)(1).
10 There is no limit on the number of extensions a country can receive.
11 Fees for initial applicants include a $50 application fee (may not exceed $50 per 9 U.S.C. §1254a (c)(1)(B)), an $85
biometrics services fee for those age 14 and over, and a $410 filing fee for employment authorization (if applying for
employment authorization and between the ages of 14 and 65). Applicants may request a waiver of the application and
biometrics fees per 8 C.F.R. 103.7(c). Re-registration does not require the $50 application fee.
12 See 8 C.F.R.§244.9 for details on evidence that must be submitted.
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cannot be waived, including those relating to criminal convictions, drug offenses, terrorist
activity, and the persecution of others.13
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 relief.14
They may be deemed ineligible for public assistance by a state and may travel abroad with the
prior consent of the DHS Secretary.15 TPS does not provide a path to lawful permanent residence
or citizenship, but a TPS recipient is not barred from adjusting to nonimmigrant or immigrant
status if he or she meets the requirements.16 DHS has indicated that information it collects when
an individual registers for TPS may be used to enforce immigration law or in any criminal
proceeding.17 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or
deportation proceedings.18
Deferred Enforced Departure
In addition to TPS, there is another form of blanket relief from removal known as deferred
enforced departure (DED),19 formerly known as extended voluntary departure (EVD).20 DED is a
temporary, discretionary, administrative stay of removal granted to aliens from designated
countries. Unlike TPS, a DED designation emanates from the President’s constitutional powers to
conduct foreign relations and has no statutory basis. DED was first used in 1990 and has been
used a total of five times (see “Historical Use of Blanket Relief”). Liberia is the only country
currently designated under DED, and that designation is scheduled to end on March 31, 2019.21
DED and EVD have been used on a country-specific basis to provide relief from removal at the
President’s discretion, usually in response to war, civil unrest, or natural disasters.22 When

13 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 grounds of
inadmissibility may be waived and which may not be waived.
14 INA §244(a)(1)(A), (a)(1)(B), (d)(4).
15 INA §244(f).
16 For purposes of adjustment to legal permanent resident (LPR) 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 granted TPS. INA §244(f)(4).
17 8 C.F.R. §244.16.
18 8 C.F.R. §244.14.
19 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.” CRS Report
R43852, The President’s Immigration Accountability Executive Action of November 20, 2014: Overview and Issues;
CRS Report R43747, Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions; and CRS Report
R45158, An Overview of Discretionary Reprieves from Removal: Deferred Action, DACA, TPS, and Others.
20 EVD status, which was used from 1960 to 1990, has been given to nationals of Iran, Lebanon, Nicaragua, Poland,
and Uganda. Other countries whose nationals have benefitted in the past from a status similar to EVD include
Cambodia, Chile, Cuba, Czechoslovakia, Dominican Republic, Hungary, Laos, Romania, and Vietnam.
21 On March 27, 2018, President Trump issued a memorandum to the Secretary of Homeland Security, directing her to
implement, for eligible Liberians, a 12-month wind-down period through March 31, 2019, upon which date DED
would end. “Presidential Memorandum for the Secretary of State and the Secretary of Homeland Security,” March 27,
2018, https://www.whitehouse.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-
security/. A lawsuit challenging the termination has been filed in federal court. See “Liberia.”
22 For example, see Executive Order 12711, “Policy Implementation With Respect to Nationals of the People’s
Republic of China,” Public Papers of the Presidents of the United States: George Bush XLI, President of the United
States: 1989-1993 (Washington: GPO, 1990); The White House (President Obama), “Presidential Memorandum—
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Presidents grant DED through an executive order or presidential memorandum, they generally
provide eligibility guidelines, such as demonstration of continuous presence in the United States
since a specific date. Unlike TPS, the Secretary of State does not need to be consulted when DED
is granted. In contrast to recipients of TPS, individuals who benefit from DED are not required to
register for the status with USCIS unless they are applying for work authorization.23 Instead,
DED is triggered when a protected individual is identified for removal.
Historical Use of Blanket Relief
In 1990, when Congress enacted the TPS statute, it also granted TPS for 18 months to Salvadoran
nationals who were residing in the United States. Since then, the Attorney General (and, later, the
Secretary of DHS),24 in consultation with the State Department, granted and subsequently
terminated TPS for foreign nationals in the United States from the following countries: Angola,
Bosnia-Herzegovina, Burundi, Guinea, Lebanon, Liberia, the Kosovo Province of Serbia, Kuwait,
Rwanda, and Sierra Leone.25
Rather than extending the initial Salvadoran TPS when it expired in 1992, the George H. W. Bush
Administration granted DED to an estimated 190,000 Salvadorans through December 1994. This
Administration also granted DED to about 80,000 Chinese nationals in the United States
following the Tiananmen Square massacre in June 1989, and these individuals retained DED
status through January 1994. In December 1997, President Bill Clinton instructed the Attorney
General to grant DED to Haitian nationals in the United States for one year, providing time for
the Administration to work with Congress on long-term legislative relief for Haitians.26 President
George W. Bush directed that DED be provided to Liberian nationals whose TPS was expiring in
September 2007; this status was extended several times by President Obama.27 President Trump

Deferred Enforced Departure for Liberians,” Memorandum for the Secretary of Homeland Security, September 28,
2016, https://www.whitehouse.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-
departure-liberians.
23 In general, the President directs executive agencies to implement procedures to provide DED and related benefits,
such as employment authorization. U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services,
Temporary Protected Status (TPS) and Deferred Enforced Departure (DED), https://www.uscis.gov/sites/default/files/
USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/
TempProtectedStatus.pdf.
24 With the creation of the Department of Homeland Security in 2002 (P.L. 107-296), most of the Attorney General’s
immigration-related authority transferred to the Secretary of DHS as of March 1, 2003.
25 For current and historical information on TPS designations by country and links to Federal Register announcements,
see U.S. Department of Justice, Executive Office for Immigration Review, Temporary Protected Status,
https://www.justice.gov/eoir/temporary-protected-status.
26 The Nicaraguan Adjustment and Central American Relief Act (NACARA) (Title II of P.L. 105-100) was enacted in
1997 and provided eligibility for lawful permanent resident (LPR) status to certain Nicaraguans, Cubans, Guatemalans,
El Salvadorans, and 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. President Clinton, among others, argued that Haitians deserved similar legislative
treatment. The Haitian Refugee Immigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowing
Haitian nationals who had been paroled into the United States before December 31, 1995, or who had applied for
asylum before that date, to adjust to LPR status. For more information, see archived CRS Report RS21349, U.S.
Immigration Policy on Haitian Migrants.
27 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country -
Liberia,” https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-liberia/ded-granted-
country-liberia.
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announced on March 27, 2018, that DED for Liberia would terminate effective March 31, 2019
(see “Liberia”).28
Countries Designated for Temporary Protections
Approximately 417,000 foreign nationals from the following 10 countries have TPS: El Salvador,
Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. In addition,
certain Liberian nationals are covered by a designation of DED (see “Liberia” section below).
The Administration has announced terminations of temporary protections for seven of these
countries (six with TPS and one with DED). Several lawsuits have been filed challenging these
decisions.
Table 1 lists the current TPS-designated countries, the most recent decision—to extend or
terminate—by the Secretary of DHS, the date from which individuals are required to have
continuously resided in the United States, and the designation’s expiration date. In addition,
Table 1 shows the approximate number of individuals from each country who registered during
the previous registration period and the number of individuals with TPS as of November 29,
2018.
Table 1. TPS Beneficiaries by Country of Citizenship
Most Recent
Required Arrival
Individuals
Country
Decision
Datea
Expiration Dateb
with TPSc
El Salvador
Termination*
February 13, 2001
September 9, 2019
251,526
Haiti
Termination*
January 12, 2011
July 22, 2019
56,209
Honduras
Termination*
December 30, 1998
January 5, 2020
80,633
Nepal
Termination*
June 24, 2015
June 24, 2019
14,596
Nicaragua
Termination*
December 30, 1998
January 5, 2019
4,517
Somalia
Extension
May 1, 2012
March 17, 2020
463
South Sudan
Extension
January 25, 2016
May 2, 2019
83
Sudan
Termination*
January 9, 2013
November 2, 2018
806
Syria
Extension
August 1, 2016
September 30, 2019
7,011
Yemen
Extension
January 4, 2017
March 3, 2020
1,497
Total

417,341
Source: CRS compilation of information from Federal Register announcements and data provided to CRS by
USCIS.
Note: *As of the date of this report, termination is on hold due to court order.
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 determined by the most recent TPS designation for that
country. A foreign national is not considered to have failed this requirement for a “brief, casual, and
innocent” absence. 8 U.S.C. §1254a(c) and 8 C.F.R. §244.1.
b. The expiration date represents the end of the most recent designation period and is subject to change
based on future decisions of the Secretary of DHS.

28 “Presidential Memorandum for the Secretary of State and the Secretary of Homeland Security,” March 27, 2018,
https://www.whitehouse.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-
security/.
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c. Data provided to CRS by USCIS. These data reflect individuals with an approved TPS application as of
November 29, 2018; the data include some individuals who have since adjusted to another status (excluding
those who became U.S. citizens), may include individuals who have left the country or died, and do not
necessarily include all nationals from the specified countries who are in the United States and are eligible for
the status.
Central America
The only time Congress has granted TPS was in 1990 (as part of the law establishing TPS) to
eligible Salvadoran nationals in the United States.29 In the aftermath of 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 Nicaragua. On
January 5, 1999, the Attorney General designated Honduras and Nicaragua for TPS due to
extraordinary displacement and damage from Hurricane Mitch.30 Prior to leaving office in
January 2001, the Clinton Administration said it would temporarily halt deportations to El
Salvador because of a major earthquake. In 2001, the George W. Bush Administration decided to
grant TPS to Salvadoran nationals following two earthquakes that rocked the country.31
Over the years, the George W. Bush Administration granted, and the Obama Administration
extended, TPS to Central Americans from El Salvador, Honduras, and Nicaragua on the rationale
that it was still unsafe for nationals to return due to the disruption of living conditions from
environmental disasters.
Beginning in late 2017, the Trump Administration announced decisions to terminate TPS for
Nicaragua and El Salvador and to put on hold a decision about Honduras. In November 2017,
DHS announced that TPS for Nicaragua would end on January 5, 2019—12 months after its last
designation would have expired—due to nearly completed recovery efforts following Hurricane
Mitch.32 On the same day, DHS announced that more information was necessary to make a
determination about TPS for Honduras; as a result, statute dictates that its status be extended for
six months.33 On January 8, 2018, DHS announced the decision to terminate TPS for El
Salvador—whose nationals account for about 60% of TPS recipients—after an 18-month
transition period. El Salvador’s TPS designation is scheduled to end on September 9, 2019.34 On
May 4, 2018, DHS announced the decision to terminate the TPS designation for Honduras, with
an 18-month delay (until January 5, 2020) to allow for an orderly transition.35 As of the date of

29 For historical analysis, see archived CRS Report IB87205, Immigration Status of Salvadorans and Nicaraguans
(available to congressional clients upon request).
30 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.
31 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.
32 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.
33 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Honduras for Temporary Protected Status,”82 Federal Register 59630-59636, December 15, 2017.
34 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, at https://www.dhs.gov/news/2018/01/08/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
35 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, at https://www.dhs.gov/news/2018/05/04/
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this report, the terminations for El Salvador and Honduras are on hold as the result of a court
order.36
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 for
Central Americans and Salvadorans in particular. Supporters have argued that ongoing violence
and political unrest have left these countries unable to adequately handle the return of their
nationals and that a large-scale return could have negative consequences for the United States
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.37
Opponents have argued that ending TPS for these countries is a move toward correctly
interpreting the original intent of the program—to provide temporary safe haven. There is some
support in Congress for a legislative means of allowing TPS recipients with several years of U.S.
residence to remain in the United States permanently (see “Selected Activity in the 115th and
116th Congress” below); others argue that Congress’s intent in creating the statute was to provide
temporary relief and that no special consideration should be given to allow these individuals to
stay in the United States.
Haiti
The devastation caused by the January 12, 2010, earthquake in Haiti prompted calls for the
Obama Administration to grant TPS to Haitian nationals in the United States.38 The scale of the
humanitarian crisis after the earthquake—with estimates of thousands of Haitians dead and
reports of the total collapse of Port au Prince’s infrastructure—led DHS to grant TPS for 18
months to Haitian nationals who were in the United States as of January 12, 2010.39 At the time,
then-DHS Secretary Janet Napolitano stated: “Providing a temporary refuge for Haitian nationals
who are currently in the United States and whose personal safety would be endangered by
returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.”40
On July 13, 2010, DHS announced an extension of the TPS registration period for Haitian
nationals, citing difficulties nationals were experiencing in obtaining documents to establish
identity and nationality, and in gathering funds required to apply for TPS.41

secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected
36 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10215, Federal District
Court Enjoins the Department of Homeland Security from Terminating Temporary Protected Status.
37 For information on country conditions, see CRS Report R43616, El Salvador: Background and U.S. Relations; CRS
Report R44560, Nicaragua: In Brief; and CRS Report RL34027, Honduras: Background and U.S. Relations.
38 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 Administration of
President George W. Bush did not grant TPS or other forms 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.
39 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.
40 U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15,
2010.
41 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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DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,
through January 22, 2013.42 At the same time, DHS issued a redesignation, enabling eligible
Haitian nationals who arrived in the United States up to one year after the earthquake to receive
TPS. The redesignation targeted individuals who were allowed to enter the United States
immediately after the earthquake on temporary visas or humanitarian parole,43 but were not
covered by the initial TPS designation.44 Subsequently, then-Secretary Jeh Johnson extended
Haiti’s designation several times, through July 22, 2017.45
A May 2, 2017, letter from members of the Congressional Black Caucus to then-DHS Secretary
John Kelly urged an 18-month extension of TPS for Haiti, citing continued recovery difficulties
from the 2010 earthquake that killed over 300,000 people, an ongoing cholera epidemic, and
additional damages from Hurricane Matthew in 2016.46 On May 24, 2017, then-Secretary Kelly
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
to return to Haiti should its designation be terminated after six months.47 An October 4, 2017,
letter from the Haitian ambassador to Acting DHS Secretary Elaine Duke requested that Haiti’s
designation be extended for an additional 18 months.48 On November 20, 2017, DHS announced
its decision to terminate TPS for Haiti, with an 18-month transition period. Its designation is set
to terminate on July 22, 2019.49 As of the date of this report, the termination is on hold as the
result of a court order.50
Liberia
Liberians in the United States first received TPS in March 1991 following the outbreak of civil
war. Although that war ended, a second civil war began in 1999 and escalated in 2000.51
Approximately 10,000 Liberians in the United States were given DED in 1999 after their TPS
expired. Their DED status was subsequently extended to September 29, 2002. On October 1,
2002, Liberia was redesignated for TPS for a period of 12 months, and that status continued to be
extended. On September 20, 2006, the George W. Bush Administration announced that TPS for
Liberia would expire on October 1, 2007, but that this population would be eligible for DED until

42 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of Temporary Protected Status
for Haitian Beneficiaries,” press release, May 17, 2011.
43 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)).
44 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Re-designation
of Haiti for Temporary Protected Status,” 76 Federal Register 29000-29004, May 19, 2011.
45 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for Temporary Protected Status,” 80 Federal Register 51582-51588, August 25, 2015.
46 For conditions following Hurricane Matthew, see CRS In Focus IF10502, Haiti: Cholera, the United Nations, and
Hurricane Matthew.
47 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for Temporary Protected Status,” 82 Federal Register 23830-23837, May 24, 2017.
48 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.
49 U.S. Department of Homeland Security, “Acting Secretary Elaine Duke Announcement On Temporary Protected
Status For Haiti,” press release, November 20, 2017, at https://www.dhs.gov/news/2017/11/20/acting-secretary-elaine-
duke-announcement-temporary-protected-status-haiti.
50 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10215, Federal District
Court Enjoins the Department of Homeland Security from Terminating Temporary Protected Status.
51 See CRS Report RL33185, Liberia’s Post-War Development: Key Issues and U.S. Assistance.
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March 31, 2009. On March 23, 2009, President Obama extended DED for those Liberians until
March 31, 2010, and several times thereafter.52
As a result of the Ebola outbreak in West Africa in 2014, eligible Liberians were again granted
TPS, as were eligible Sierra Leoneans and Guineans.53 On September 26, 2016, DHS issued a
notice for Liberia providing a six-month extension of TPS benefits, to May 21, 2017, to allow for
an “orderly transition” of affected persons’ immigration status, and did the same for similarly
affected Sierra Leoneans and Guineans. This action voided a previously scheduled November 21,
2016, expiration of TPS for all three countries.54
Liberia’s DED status was extended by President Obama through March 31, 2018, for a specially
designated population of Liberians who had been residing in the United States since October
2002.55 President Trump announced on March 27, 2018, that extending DED for Liberia was not
warranted due to improved conditions in Liberia, but that the United States’ foreign policy
interests warranted a 12-month wind-down period.56 The termination of DED for Liberia is
scheduled to take effect on March 31, 2019; a lawsuit challenging the termination has been filed
in federal court.57 Approximately 839 Liberians have approved employment authorization
documents (EADs) under that DED directive.58 This number does not reflect all Liberians who
might be covered under this DED announcement—only those who applied for and received an
EAD.
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.59 On June 24, 2015, citing a
substantial but temporary disruption in living conditions as a result of the earthquake, then-DHS

52 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Filing Procedures and
Automatic Extension of Employment Authorization and Related Documentation for Liberians Provided Deferred
Enforced Departure,” 75 Federal Register 15715, March 30, 2010; The White House (President Obama), Presidential
Memorandum—Deferred Enforced Departure for Liberians, Memorandum for the Secretary of Homeland Security,
September 28, 2016, https://www.whitehouse.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-
enforced-departure-liberians.
53 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Liberia for
Temporary Protected Status,” 79 Federal Register 69502-69502, November 21, 2014; and U.S. Department of
Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial Registration Period for
Guinea, Liberia and Sierra Leone for Temporary Protected Status,” 80 Federal Register, Number 122, 36551-36552,
June 25, 2015.
54 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,” 81 Federal Register 66059-66064, September 26, 2016.
55 The White House (President Obama), “Presidential Memorandum—Deferred Enforced Departure for Liberians,”
Memorandum for the Secretary of Homeland Security, September 28, 2016, https://www.whitehouse.gov/the-press-
office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians.
56 “Presidential Memorandum for the Secretary of State and the Secretary of Homeland Security,” March 27, 2018,
https://www.whitehouse.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-
security/.
57 Complaint, African Cmtys. Together v. Trump, No. 1:19-cv-10432 (D. Mass. Mar. 8, 2019).
58 Numbers provided to CRS by USCIS and represent individuals with a valid EAD as of March 14, 2018.
59 See CRS Report R44303, Nepal: Political Developments and U.S. Relations.
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Secretary Jeh Johnson designated Nepal for TPS for an 18-month period.60 TPS for Nepal was
extended for 18 months in October 2016.61 On April 26, 2018, Secretary Nielsen announced her
decision to terminate the TPS designation for Nepal, citing her assessment that the original
conditions under which the country was designated are no longer substantial and that Nepal can
adequately handle the return of its nationals.62 A 12-month delay of the termination date to allow
for an orderly transition was also announced; the TPS designation for Nepal is thus set to
terminate on June 24, 2019.63 As of the date of this report, the termination is on hold as the result
of a court order.64
Somalia
Somalia has endured decades of chronic instability and humanitarian crises. Since the collapse of
the authoritarian Siad Barre regime in 1991, it has lacked a viable central authority capable of
exerting territorial control, securing its borders, or providing security and services to its people.65
Somalia was first designated for TPS in 1991 based on extraordinary and temporary conditions
“that prevent[ed] aliens who are nationals of Somalia from returning to Somalia in safety.”66
Through 23 subsequent extensions or redesignations, Somalia has maintained TPS due to
insecurity and ongoing armed conflict that present serious threats to the safety of returnees. DHS
announced the latest extension—for 18 months—on July 19, 2018, and its current expiration date
is March 17, 2020.67
Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.68
Citing both ongoing armed conflict and extraordinary and temporary conditions that would
prevent the safe return of Sudanese nationals, the Attorney General designated Sudan for TPS on
November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 14
times.
On July 9, 2011, South Sudan became a new nation.69 With South Sudan’s independence from the
Republic of Sudan, questions arose about whether nationals of the new nation would continue to
be eligible for TPS. In response, the DHS Secretary designated South Sudan for TPS on October

60 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for Temporary
Protected Status,” 80 Federal Register 36346-36350, June 24, 2015.
61 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation
of Nepal for Temporary Protected Status,” 81 Federal Register 74470-74475, October 26, 2016.
62 U.S. Department of Homeland Security, “Secretary Kirstjen M. Nielsen Announcement on Temporary Protected
Status for Nepal,” press release, April 26, 2018, at https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-
announcement-temporary-protected-status-nepal.
63 Ibid.
64 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10215, Federal District
Court Enjoins the Department of Homeland Security from Terminating Temporary Protected Status.
65 See CRS In Focus IF10155, Somalia.
66 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for
Temporary Protected Status,” 56 Federal Register 46804-46805, September 16, 1991.
67 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Somalia for Temporary Protected Status,” 83 Federal Register 13695-43700, August 27, 2018.
68 See CRS In Focus IF10182, Sudan.
69 See CRS In Focus IF10218, South Sudan.
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17, 2011.70 TPS has since been extended or redesignated five times due to ongoing armed conflict
and extraordinary and temporary conditions in South Sudan, including “ongoing civil war marked
by brutal violence against civilians, egregious human rights violations and abuses, and a
humanitarian disaster on a devastating scale across the country.”71 The latest extension was for 18
months and expires on November 2, 2020.72
Meanwhile, citing improved conditions in Sudan, including a reduction in violence and an
increase in food harvests, then-Acting DHS Secretary Elaine Duke announced in September 2017
that Sudan’s TPS designation would expire on November 2, 2018.73 As of the date of this report,
the termination is on hold as the result of a court order.74
Syria
The political uprising of 2011 in Syria grew into an intensely violent civil war that has led to 5.6
million Syrians fleeing the country and 6 million more internally displaced by 2018.75 On March
29, 2012, then-Secretary of Homeland Security Janet Napolitano designated the Syrian Arab
Republic (Syria) for TPS through September 30, 2013, citing temporary extraordinary conditions
that would make it unsafe for Syrian nationals already in the United States to return to the
country.76 In that initial granting of TPS, Secretary Napolitano made clear that DHS would
conduct full background checks on Syrians registering for TPS.77 TPS for Syrian nationals has
since been extended. The 18-month extension on August 1, 2016, was accompanied by a
redesignation, which updated the required arrival date into the United States for Syrians from
January 5, 2015, to August 1, 2016.78 On January 31, 2018, Secretary Nielsen announced her
decision to extend the TPS designation for Syria for another 18 months, citing the ongoing armed
conflict and extraordinary conditions that prompted the original designation.79 This

70 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of
South Sudan for Temporary Protected Status,” 76, 198 Federal Register 63629-63635, October 13, 2011.
71 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for
Temporary Protected Status,” 82 Federal Register 44205-44211, September 21, 2017.
72 Secretary of Homeland Security Kirstjen Nielsen, “Announcement on Temporary Protected Status for South Sudan,”
press release, March 8, 2019, https://www.dhs.gov/news/2019/03/08/secretary-homeland-security-kirstjen-m-nielsen-
announcement-temporary-protected.
73 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Termination of the Designation
of Sudan for Temporary Protected Status,” 82 Federal Register 47228-47234, October 11, 2017.
74 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10215, Federal District
Court Enjoins the Department of Homeland Security from Terminating Temporary Protected Status.
75 See CRS Report R43119, Syria: Overview of the Humanitarian Response; and CRS Report RL33487, Armed
Conflict in Syria: Overview and U.S. Response.
76 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab
Republic for Temporary Protected Status,” 61 Federal Register 19026-19030, March 29, 2012.
77 Secretary of Homeland Security Janet Napolitano, “Temporary Protected Status (TPS) for Syrian Nationals,” press
release, March 23, 2012, http://www.dhs.gov/ynews/releases/20120323-napolitano-statement-syria-tps.shtm.
78 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 also be eligible for TPS.
U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of
Syria for Temporary Protected Status,” 81 Federal Register 50533-50541, August 1, 2016.
79 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement On
Temporary Protected Status For Syria,” press release, January 31, 2018, at https://www.dhs.gov/news/2018/01/31/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
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announcement did not include a redesignation; thus, Syrians who entered the United States after
August 1, 2016, are not eligible.80
Yemen
On September 3, 2015, then-Secretary Jeh Johnson designated Yemen for TPS through March 3,
2017, due to ongoing armed conflict in the country.81 A 2015 DHS press release stated that
“requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to
their personal safety.”82 The civil war in Yemen reached new levels in 2017. The United Nations
estimated that the civilian death toll had reached 10,000, and the World Food Program reported
that 60% of Yemenis, or 17 million people, were in “crisis” or “emergency” food situations.83
Relief efforts in the region have been complicated by ongoing violence and considerable damage
to the country’s infrastructure. On January 4, 2017, DHS extended and redesignated Yemen’s
current TPS designation through September 3, 2018. The redesignation updated the required
arrival date into the United States for individuals from Yemen from September 3, 2015, to
January 4, 2017.84 The Federal Register notice explained that the “continued deterioration of the
conditions for civilians in Yemen and the resulting need to offer protection to individuals who
have arrived in the United States after the eligibility cutoff dates” warranted the redesignation of
TPS.85 On July 5, 2018, DHS extended Yemen’s TPS designation for another 18 months, resulting
in an expiration date of March 3, 2020.86
State of Residence of TPS Recipients
Individuals with TPS reside in all 50 states, the District of Columbia, and the U.S. territories. The
highest populations live in traditional immigrant gateway states: California, Florida, Texas, and
New York. In addition to these four, six other states had at least 10,000 TPS recipients as of
November 2018: Virginia, Maryland, New Jersey, Massachusetts, North Carolina, and Georgia.
Hawaii, Wyoming, Vermont, and Montana had fewer than 100 individuals with TPS. See Figure
1 and Table A-1.

80 U.S. Department of Homeland Security Citizenship and Immigration Services, “Extension of the Designation Syria
for Temporary Protected Status,” 83 Federal Register 9329-9336, March 5, 2018.
81 U.S. Department of Homeland Security Citizenship and Immigration Services, “Designation of the Republic of
Yemen for Temporary Protected Status,” 80 Federal Register 53319-53323, September 3, 2015.
82 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, http://www.uscis.gov/news/dhs-
announces-temporary-protected-status-designation-yemen.
83 See CRS Report R43960, Yemen: Civil War and Regional Intervention.
84 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 Federal Register 859-866, January 4, 2017.
85 Ibid.
86 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Yemen for Temporary Protected Status,” 83 Federal Register 40307-40313, August 14, 2018.
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Figure 1. Individuals with Temporary Protected Status by State of Residence

Source: Data provided to CRS by USCIS. Map created by CRS.
Notes: These data reflect individuals with TPS as of November 29, 2018; data include some individuals who
have since adjusted to another status (excluding those who became U.S. citizens) and may include individuals
who have moved to another state, left the country, or died; data do not necessarily include all nationals of the
specified countries who are in the United States and are eligible for the status.
Adjustment of Status
A grant of TPS does not provide a recipient with a designated pathway to lawful permanent
resident (LPR) status; however, a TPS recipient is not barred from adjusting to nonimmigrant or
immigrant status if he or she meets the requirements. There are statutory limitations on Congress
providing adjustment of status to TPS recipients.87
Over the years, Congress has provided eligibility for LPR status to groups of nationals who had
been given temporary relief from removal. In 1992, Congress enacted legislation allowing
Chinese nationals who had DED following the Tiananmen Square massacre to adjust to LPR
status (P.L. 102-404). The Nicaraguan Adjustment and Central American Relief Act (NACARA)
(Title II of P.L. 105-100), which became law in 1997, provided eligibility for LPR status to
certain Nicaraguans, Cubans, Guatemalans, Salvadorans, and nationals of the former Soviet bloc
who had applied for asylum and had been living in the United States for a certain period of time.
The 105th Congress passed the Haitian Refugee Immigration Fairness Act, enabling Haitians who

87 INA §244(h) states that the consideration of any bill, resolution, or amendment that provides for the adjustment to
lawful temporary or lawful permanent resident status for any TPS recipient requires a supermajority in the Senate (i.e.,
three-fifths of all Senators) voting affirmatively.
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had filed asylum claims or who were paroled into the United States before December 31, 1995, to
adjust to legal permanent residence (P.L. 105-277).
Legislation that would have allowed nationals from various countries that have had TPS to adjust
to LPR status received action in past Congresses, but was not enacted. For instance, the Senate-
passed comprehensive 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 provisional immigrant status that S. 744 would have established.88
Selected Activity in the 115th and 116th Congresses
Various proposals related to TPS have been introduced in the 115th and 116th Congresses. Some
bills would extend or expand TPS designations for certain countries (e.g., Venezuela),89 prohibit
federal funds from being used to implement recent TPS terminations, or provide adjustment to
LPR status for TPS recipients who have been living in the United States for several years.90 Other
bills variously seek to limit the program by transferring authority from DHS to Congress to
designate foreign states; making unauthorized aliens and members of criminal gangs ineligible;
restricting the criteria for designating a foreign state; making TPS recipients subject to detention
and expedited removal; or phasing out the program.91

88 See archived CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in
Senate-Passed S. 744.
89 H.R. 1014, H.R. 2597, and H.R. 6325 in the 115th Congress and H.R. 549 and S. 636 in the 116th Congress, for
example.
90 H.R. 3440, H.R. 3647, H.R. 4184, H.R. 4253, H.R. 4384, H.R. 4750, H.R. 4796, H.R. 4956, S. 1615, S. 2144, and S.
2367 in the 115th Congress and H.R. 6, H.R. 1169, and S. 456 in the 116th Congress, for example.
91 H.R. 2431, H.R. 2604, H.R. 3697, H.R. 4750, H.R. 4760, H.R. 5496, H.R. 6134, H.R. 6136, H.R. 6204, and S. 52, S.
1757, S. 2199, and S. 2380 in the 115th Congress and H.R. 98, H.R. 574, H.R. 1106, and S. 599 in the 116th Congress,
for example.
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Appendix.
Table A-1. Individuals with Temporary Protected Status by State of Residence
Individuals

Individuals
State
with TPS
State
with TPS
Alabama
895
Nevada
4,175
Alaska
100
New Hampshire
361
Arizona
1,675
New Jersey
18,741
Arkansas
3,587
New Mexico
385
California
74,920
New York
51,475
Colorado
2,978
North Carolina
15,075
Connecticut
2,812
North Dakota
106
Delaware
781
Ohio
2,170
District of Columbia
3,298
Oklahoma
988
Florida
57,371
Oregon
917
Georgia
11,778
Pennsylvania
3,162
Hawaii
96
Rhode Island
876
Idaho
215
South Carolina
1,629
Illinois
3,940
South Dakota
254
Indiana
2,626
Tennessee
3,108
Iowa
1,514
Texas
53,740
Kansas
1,314
Utah
1,314
Kentucky
941
Vermont
50
Louisiana
2,196
Virginia
28,178
Maine
199
Washington
2,304
Maryland
27,629
West Virginia
248
Massachusetts
17,424
Wisconsin
661
Michigan
1,771
Wyoming
53
Minnesota
2,764
U.S. Virgin Islands
649
Mississippi
461
Puerto Rico
82
Missouri
1,451
Northern Mariana Islands
31
Montana
29
Other
63
Nebraska
1,781
Total
417,341
Source: CRS calculation of data provided by USCIS.
Notes: These data reflect individuals with an approved TPS application as of November 29, 2018; the data
include some individuals who have since adjusted to another status (excluding those who became U.S. citizens),
may include individuals who have left the country or died, and do not necessarily include all nationals from the
specified countries who are in the United States and are eligible for the status. “Other” includes Guam.
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Author Information

Jill H. Wilson

Analyst in Immigration Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
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Congressional Research Service
RS20844 · VERSION 50 · UPDATED
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