Temporary Protected Status: Overview and
October 26, 2020
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 the TPS designation.
The United States currently provides TPS to approximately 411,000 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), which is due to expire on January 10,
2021. Since September 2017, the Secretary of Homeland Security has announced the termination of TPS for six countries—
El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan—and extensions of TPS for Somalia, South Sudan, Syria, and
Yemen. Several lawsuits have been filed challenging the TPS 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 have a pathway to lawful permanent resident (LPR) status. Various proposals related to TPS have
been introduced in the 116th Congress, including to expand the program to additional countries (e.g., Venezuela or Hong
Kong), provide a pathway to LPR status, or prohibit gang members or those without lawful status from receiving TPS. A
provision to allow Liberians who have been continuously present in the United States since 2014 and their family members to
apply for LPR status was enacted in December 2019 as part of the FY2020 National Defense Authorization Act.
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Temporary Protected Status: Overview and Current Issues

Background
Federal law provides that al aliens1 attempting to enter the United States must do so pursuant to
the Immigration and Nationality Act (INA). The INA al ows for the admission of (1) immigrants,
who are admitted to the United States permanently, and (2) nonimmigrants, who are admitted for
temporary durations and specific purposes (e.g., students, tourists, temporary workers, or business
travelers). Foreign nationals who lack lawful immigration status general y fal into three
categories: (1) those who are admitted legal y and then overstay their nonimmigrant visas, (2)
those who enter the country surreptitiously without inspection, and (3) those who are admitted on
the basis of fraudulent documents. In al three instances, the aliens are in the United States in
violation of the INA and subject to removal.
The executive branch has discretion to grant temporary reprieves from removal to aliens present
in the United States in violation of the INA.2 Temporary Protected Status (TPS), codified in INA
Section 244,3 provides temporary relief from removal and work authorization to foreign
nationals—regardless of their immigration status—in the United States from countries
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 relief4 from removal—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 (LPR) status to certain
TPS-designated foreign nationals is also described. The report concludes with a discussion of
legislative activity in the 116th Congress related to TPS.
Humanitarian Response
As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N.
Protocol),5 the United States agrees to the principle of nonrefoulement, which asserts that a
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
political opinion. (This is now considered a rule of customary international law.) Nonrefoulement
is embodied in several provisions of U.S. immigration law. Most notably, it is reflected in INA

1 Alien is 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 For more information, see CRS Report R45158, An Overview of Discretionary Reprieves from Removal: Deferred
Action, DACA, TPS, and Others.
3 8 U.S.C. §1254a.
4 T he 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 a form of relief administered on a case-by-
case basis to individuals based on their personal circumstances.
5 T he 1951 United Nations Convention Relating to the Status of Refugees, which was amended by its 1967 Protocol,
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 Protoco l, Geneva, Switzerland,
http://www.unhcr.org/en-us/about-us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967-
protocol.html.
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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.6
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 unwil ing or unable to return to his/her c ountry of nationality or
habitual residence because of persecution or a wel -founded fear of persecution on account of
race, religion, nationality, membership in a particular social group, or political opinion.7 This
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
while those in the United States or at a U.S. port of entry apply for asylum.8 Those admitted as
refugees or granted asylum can apply for LPR status after one year.
Other foreign nationals in the United States who may elicit a humanitarian response may not
qualify 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 qualify for asylum but are nonetheless
fleeing—or reluctant to return to—potential y dangerous situations. TPS was established by
Congress as part of the Immigration Act of 1990 (P.L. 101-649). The statute gives the Secretary
of the Department of Homeland Security (DHS),9 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: (1) ongoing armed conflict in a foreign state that poses a
serious threat to personal safety; (2) a foreign state request for TPS because it temporarily cannot
handle the return of its nationals due to an environmental disaster; or (3) extraordinary and
temporary conditions in a foreign state that prevent its nationals from safely returning. A foreign
state may not be designated for TPS if the Secretary of DHS finds that al owing its nationals to
temporarily stay in the United States is against the U.S. national interest.10
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.11 Each
designation specifies the date by which individuals must have continuously resided in the United
States in order to qualify. If a designation is extended, the arrival date may be moved forward in
order to al ow those who arrived later to qualify, an action referred to as redesignation.12 To

6 Section 208 of INA (8 U.S.C. §1158); Section 241(b)(3) of INA (8 U.S.C. §1231 (b)(3)); and Section 101(a)(42) of
INA (8 U.S.C. §1101(a)(42)).]
7 Section 101(a)(42) of INA (8 U.S.C. §1101(a)(42).
8 See CRS Report R45539, Immigration: U.S. Asylum Policy; and CRS Report RL31269, Refugee Admissions and
Resettlem ent Policy.
9 When T PS was enacted in 1990, most immigration-related functions, including designating countries for T PS, fell
under the authority of the Attorney General. With the creation of the Department of Homeland Security in 2002 ( P.L.
107-296), most of the Attorney General’s immigration -related authority transferred to the Secretary of DHS as of
March 1, 2003.
10 Section 244(b)(1) of INA (8 U.S.C. §1254a(b)(1)).
11 T here is no limit on the number of extensions a country can receive.
12 Redesignation is not defined in law; it also refers to cases in which a country is designated for T PS for a different or
additional reason than previously designated (e.g., initially designated on account of armed conflict, and subsequently
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obtain TPS, eligible foreign nationals within the United States must pay specified fees13 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).14 The statute specifies grounds of inadmissibility that
cannot be waived, including those relating to criminal convictions, drug offenses, terrorist
activity, and the persecution of others.15
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.16 They
may be deemed ineligible for public assistance by a state and may travel abroad with the prior
consent of the DHS Secretary.17 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
he or she meets the requirements.18 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.19 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or
deportation proceedings.20

designated on account of a natural disaster).
13 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),
and an $85 biometrics services fee for those age 14 and over. Applicants may request a waiver of the app lication and
biometrics fees per 8 C.F.R. 103.7(c). Re-registration does not require the $50 application fee, but the other fees apply.
USCIS published a final rule to take effect on October 2, 2020 , that would have changed these and other immigration -
related fees, but on September 29, 2020, the U.S. District Court for the Northern District of California, in Im m igration
Legal Resource Center et al., v. Wolf, et al., preliminarily enjoined DHS from implementing or enforcing any part of
the rule. If implement ed, the rule would increase the fee for employment authorization to $550 (and would require it of
every applicant regardless of age), decrease the biometrics fee to $30 (and require it of every applicant regardless of
age), and keep the fee for the T PS application at $50. See Department of Homeland Security, United States Citizenship
and Immigration Services, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other
Immigration Benefit Request Requirements,” 85 Federal Register 46788, August 3, 2020.
14 See 8 C.F.R. §244.9 for details on evidence that must be submitted.
15 Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas
and ineligible to be admitted to the United States. Section 244(c)(2) in the T PS statute lists which of these grounds of
inadm issibility may be waived and which may not be waived.
16 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4))
17 INA §244(f) (8 U.S.C. §1254a(f))
18 For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted
T PS is considered as being in and maintaining “ lawful status as a nonimmigrant” during the period in which the alien is
granted T PS. INA §244(f)(4).
19 8 C.F.R. §244.16.
20 8 C.F.R. §244.14.
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Deferred Enforced Departure
In addition to TPS, there is another form of blanket relief from removal known as deferred
enforced departure (DED),21 formerly known as extended voluntary departure (EVD).22 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 for DED, and that designation is scheduled to end on January 10, 2021.23
DED and EVD have been used on country-specific bases to provide relief from removal at the
President’s discretion, usual y in response to war, civil unrest, or natural disasters.24 When
Presidents grant DED through an executive order or presidential memorandum, they general y
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.25 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), in consultation with the Secretary of State, granted and subsequently
terminated TPS for foreign nationals in the United States from the following countries: Angola,
Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau, the Kosovo Province of Serbia, Kuwait,
Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.26

21 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
information, see CRS Report R45158, An Overview of Discretionary Reprieves from Rem oval: Deferred Action,
DACA, TPS, and Others and CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation.
22 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,
Chile, Cuba, Czechoslovakia, Dominican Republic, Hungary, Laos, Romania, and Vietnam.
23 T he White House (President T rump), “Memorandum on Extending the Wind-Down Period for Deferred Enforced
Departure for Liberians,” March 30, 2020, https://www.whitehouse.gov/presidential-actions/memorandum-extending-
wind-period-deferred-enforced-departure-liberians/.
24 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); T he 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.
25 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
Immigration Services, Tem porary Protected Status (TPS) and Deferred Enforced Departure (DED) ,
https://www.uscis.gov/sites/default/files/USCI S/Abo ut%20Us/Electronic%20Reading%20Room/
Customer%20Service%20Reference%20Guide/T empProtectedStatus.pdf.
26 For current and historical information on T PS designations by country and links to Federal Register announcements,
see U.S. Department of Justice, Executive Office for Immigration Review, Tem porary Protected Status,
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Rather than extending the initial Salvadoran TPS when it expired in 1992, President George H.
W. Bush granted DED to an estimated 190,000 Salvadorans through December 1994. President
Bush also granted DED to about 80,000 Chinese nationals in the United States following the
Tiananmen Square massacre in June 1989, and these individuals retained DED status through
January 1994. From 1991 to 1996, DED was also granted to about 2,200 Persian Gulf evacuees
who were airlifted to the United States after the 1990 invasion of Kuwait. In December 1997,
President Clinton instructed the Attorney General to grant DED for one year to Haitian nationals
in the United States, providing time for the Administration to work with Congress on long-term
legislative relief for Haitians.27 President George W. Bush directed that DED be provided to
Liberian nationals whose TPS was expiring in September 2007; Liberian DED was extended
several times by President Obama.28 President Trump has terminated DED for Liberians, with an
effective date of January 10, 2021 (for more details, see “Liberia”).29
Countries Designated for TPS and DED
Approximately 411,000 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” below). The Trump
Administration has announced terminations of temporary protections for seven of these countries
(six with TPS and one with DED). Several lawsuits have been filed chal enging 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 number of individuals with TPS as of November 7, 2019.

https://www.justice.gov/eoir/temporary-protected-status.
27 T he Nicaraguan Adjustment and Central American Relief Act (NACARA) (T itle II of P.L. 105-100) was enacted in
1997 and provided eligibility for LPR 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.
T he Haitian Refugee Immigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowing certain Haitian
nationals who were in the United States before December 31, 1995 to adjust to LPR status. For more information, see
archived CRS Report RS21349, U.S. Im m igration Policy on Haitian Migrants.
28 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.
29 T he White House (President T rump), “Memorandum on Extending the Wind-Down Period for Deferred Enforced
Departure for Liberians,” March 30, 2020, https://www.whitehouse.gov/presidential-actions/memorandum-extending-
wind-period-deferred-enforced-departure-liberians/.
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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
247,697
Haiti
Termination*
January 12, 2011
July 22, 2019
55,338
Honduras
Termination*
December 30, 1998
January 5, 2020
79,415
Nepal
Termination*
June 24, 2015
June 24, 2019
14,550
Nicaragua
Termination*
December 30, 1998
January 5, 2019
4,421
Somalia
Extension
May 1, 2012
September 17, 2021
455
South Sudan
Extension
January 25, 2016
May 2, 2022
96
Sudan
Termination*
January 9, 2013
November 2, 2018
774
Syria
Extension
August 1, 2016
March 31, 2021
6,934
Yemen
Extension
January 4, 2017
September 3, 2021
1,646
Total

411,326
Source: CRS compilation of information from Federal Register announcements and data provided to CRS by
USCIS.
Note: *Due to legal chal enges, the termination has not yet taken effect.
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
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.
c. Data provided to CRS by USCIS. These data reflect individuals with an approved TPS application as of
November 7, 2019; 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 al 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.30 In the aftermath of Hurricane Mitch in
November 1998, 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 “severe flooding
and associated damage” and “substantial disruption of living conditions” caused by Hurricane
Mitch.31 Prior to leaving office in January 2001, President Clinton said that his Administration
would temporarily halt deportations to El Salvador because of a major earthquake. In 2001, the

30 For historical analysis, see archived CRS Report IB87205, Immigration Status of Salvadorans and Nicaraguans
(available to congressional clients upon request).
31 U.S. Department of Justice, Immigration and Naturalization Service, “T he Designation of Honduras Under
T emporary Protected Status,” 64 Federal Register 524-526, January 5, 1999; U.S. Department of Justice, Immigration
and Naturalization Service, “T he Designation of Nicaragua Under T emporary Protected Status,” 64 Federal Register
526-528, January 5, 1999.
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George W. Bush Administration granted TPS to Salvadoran nationals following two earthquakes
that rocked the country.32
Over the years, the George W. Bush Administration and the Obama Administration extended TPS
for Central Americans from El Salvador, Honduras, and Nicaragua on the rationale that it was stil
unsafe for their 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 “recovery efforts relating to Hurricane Mitch [that] have
largely been completed.”33 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.34 On January 8, 2018, DHS announced its decision to terminate
TPS for El Salvador—whose nationals account for about 60% of al current TPS recipients—after
an 18-month transition period. El Salvador’s TPS designation was scheduled to end on September
9, 2019,35 but the termination has not yet taken effect due to a legal chal enge.36 DHS announced
in October 2019—as part of agreements with El Salvador related to information sharing and
security—that it would extend the validity of work permits through January 4, 2021, for
Salvadorans with TPS. The announcement also stated that Salvadorans with TPS would have “an
additional 365 days after the conclusion of the TPS-related lawsuits to repatriate back to their
home country.”37 These actions do not equate to a TPS extension, as defined in statute.38 On May
4, 2018, DHS announced its decision to terminate the TPS designation for Honduras, with an 18-
month delay (until January 5, 2020) to al ow for an orderly transition.39 This termination is also
on hold due to a legal chal enge.40
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 and political unrest have left these countries unable to adequately

32 U.S. Department of Justice Immigration and Naturalization Service, “T he Designation of El Salvador Under
T emporary Protected Status,” 66 Federal Register 14214-14216, March 9, 2001.
33 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of the Designation
of Nicaragua for T emporary Protected Status,”82 Federal Register 59636-59642, December 15, 2017.
34 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Honduras for T emporary Protected Status,”82 Federal Register 59630-59636, December 15, 2017.
35 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
T emporary Protected Status for El Salvador,” press release, January 8, 2018, https://www.dhs.gov/news/2018/01/08/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
36 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward .
37 U.S. Department of Homeland Security, “ U.S. and El Salvador Sign Arrangements on Security and Information
Sharing; Give Salvadorans with T PS More T ime,” press release, October 28, 2019, https://www.dhs.gov/news/2019/10/
28/us-and-el-salvador-sign-arrangements-security-information-sharing-give-salvadorans.
38 See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)).
39 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
T emporary Protected Status for Honduras,” press release, May 4, 2018, https://www.dhs.gov/news/2018/05/04/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
40 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward .
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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.41 Opponents have argued that ending the TPS designations for these countries is
consistent with its original intent—to provide temporary safe haven.
Haiti
The devastation caused by the January 12, 2010, earthquake in Haiti prompted cal s for the
Obama Administration to grant TPS to Haitian nationals in the United States.42 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, 2010.43 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.”44
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
establish identity and nationality, and in gathering funds required to apply for TPS.45
DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,
through January 22, 2013.46 At the same time, DHS issued a redesignation, enabling eligible
Haitian nationals who had arrived in the United States up to one year after the earthquake to
receive TPS. The redesignation targeted individuals who were al owed to enter the United States
immediately after the earthquake on temporary visas or humanitarian parole,47 but were not
covered by the initial TPS designation.48 Subsequently, then-Secretary Jeh Johnson extended
Haiti’s designation several more times, through July 22, 2017.49

41 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.
42 T he issue of Haitian T PS had arisen several times prior, most notably after the U.S. Ambassador declared Haiti a
disaster in September 2004 due to the magnitude of the effects of T ropical Storm Jeanne. A series of tropi cal cyclones
in 2008 resulted in hundreds of deaths and led some to label the city of Gonaives uninhabitable. T he George W. Bush
Administration did not grant T PS or another form of blanket relief to Haitians, nor was legislation enacted that would
have provided T PS to Haitians, such as H.R. 522 in the 110th Congress. For background information on Haitian
migration to the United States, see archived CRS Report RS21349, U.S. Im m igration Policy on Haitian Migrants.
43 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for
T emporary Protected Status,” 75 Federal Register 3476-3479, January 21, 2010.
44 U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15,
2010.
45 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial
Registration Period for Haitians under the T emporary Protected Status Program,” 75 Federal Register 39957, July 13,
2010.
46 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of T emporary Protected Status
for Haitian Beneficiaries,” press release, May 17, 2011.
47 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)).
48 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Re -designation
of Haiti for T emporary Protected Status,” 76 Federal Register 29000-29004, May 19, 2011.
49 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for T emporary Protected Status,” 80 Federal Register 51582-51588, August 25, 2015.
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A May 2, 2017, letter from members of the Congressional Black Caucus to then-DHS Secretary
John Kel y urged another 18-month extension of TPS for Haiti, citing continued recovery
difficulties from the 2010 earthquake that kil ed over 300,000 people, an ongoing cholera
epidemic, and additional damages from Hurricane Matthew in 2016.50 On May 24, 2017,
Secretary Kel y extended Haiti’s TPS designation for six months (the minimum al owed by
statute), from its planned expiration on July 22, 2017, to January 22, 2018, and encouraged
beneficiaries to prepare to return to Haiti should its designation be terminated after six months.51
An October 4, 2017, letter from the Haitian ambassador to then-Acting DHS Secretary Elaine
Duke requested that Haiti’s designation be extended for an additional 18 months.52 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, 2019,53 but the termination has not yet
taken effect due to a legal chal enge.54
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 2000.55 In 1999,
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
President George W. Bush to September 29, 2002. On October 1, 2002, Liberia was designated
again for TPS due to ongoing armed conflict.56 In 2006, the George W. Bush Administration
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
DED for those Liberians until March 31, 2010, and several times thereafter.57
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.58 On September 26, 2016, DHS issued a

50 For conditions following Hurricane Matthew, see CRS In Focus IF10502, Haiti: Cholera, the United Nations, and
Hurricane Matthew.
51 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for T emporary Protected Status,” 82 Federal Register 23830-23837, May 24, 2017.
52 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.
53 U.S. Department of Homeland Security, “ Acting Secretary Elaine Duke Announcement On T emporary Protected
Status For Haiti,” press release, November 20, 2017, https://www.dhs.gov/news/2017/11/20/acting-secretary-elaine-
duke-announcement -temporary-protected-status-haiti.
54 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward .
55 See archived CRS Report RL32243, Liberia: Transition to Peace.
56 U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the T emporary
Protected Status Program,” 67 Federal Register 61664-61667, October 1, 2002.
57 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
Deferred Enforced Departure,” 75 Federal Register 15715, March 30, 2010; T he White House (President Obama),
Presidential Mem orandum —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.
58 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Liberia for
T emporary 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 T emporary Protected Status,” 80 Federal Register, Number 122, 36551-36552,
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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
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.”59 Similar termination
notices were issued for Sierra Leone and Guinea.
For a special y designated population of Liberians who had been residing in the United States
since October 2002, their DED status was extended by President Obama through March 31,
2018.60 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 United States’
foreign policy interests warranted a 12-month wind-down period.61 A lawsuit chal enging the
termination was filed in federal court on March 8, 2019.62 Three days before the effective
termination date, President Trump—citing congressional efforts to provide longer-term relief for
Liberians—announced a 12-month extension of the wind-down period, to last through March 30,
2020.63 On 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 to adjust their status under the recently enacted Liberian Refugee Immigration
Fairness (see next paragraph). Approximately 589 Liberians have approved employment
authorization documents (EADs) under this DED directive.64 This number does not reflect al
Liberians who might be covered under this DED announcement—only those who applied for and
received an EAD.65
The 116th Congress incorporated the Liberian Refugee Immigration Fairness into the FY2020
National Defense Authorization Act; it al ows 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 20, 2019 (P.L. 116-92, Section 7611).
Nepal
Nepal was devastated by a massive earthquake on April 25, 2015, kil ing over 8,000 people. The
earthquake and subsequent aftershocks demolished much of Nepal’s housing and infrastructure in

June 25, 2015.
59 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Six -Month Extension of
T emporary Protected Status Benefits for Orderly T ransition Before T ermination of Liberia’s Designation for
T emporary Protected Status,” 81 Federal Register 66059-66064, September 26, 2016.
60 T he White House (President Obama), “Presidential Memorandum—Deferred Enforced Departure for Liberians,”
Memorandum for the Secretary of Homeland Securit y, September 28, 2016, https://www.whitehouse.gov/the-press-
office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians.
61 “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/.
62 Complaint, African Cmtys. T ogether v. T rump, No. 1:19 -cv-10432 (D. Mass. Mar. 8, 2019).
63 T he White House (President T rump), “Presidential Memorandum on Extension of Deferred Enforced Departure for
Liberians,” March 28, 2019, https://www.whitehouse.gov/presidential-actions/memorandum-extension-deferred-
enforced-departure-liberians/.
64 Numbers provided to CRS by USCIS and represent individuals with a valid EAD as of February 4, 2020.
65 Individuals who benefit from DED are not required to register for the status with USCIS unless they are applying for
work authorization. T he total number of Liberians currently covered by DED is likely less than 4,000, based on
USCIS’s estimate of eligible individuals for the T PS designation that ended on September 30, 2007. U.S. Department
of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Liberia for
T emporary Protected Status,” 70 Federal Register 48176-48179, August 15, 2005.
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many areas. Over half a mil ion homes were reportedly destroyed.66 On June 24, 2015, citing a
substantial but temporary disruption in living conditions as a result of the earthquake, DHS
Secretary Johnson designated Nepal for TPS for an 18-month period.67 TPS for Nepal was
extended for 18 months in October 2016.68 On April 26, 2018, then-Secretary Kirstjen Nielsen
announced her decision to terminate the TPS designation for Nepal, citing her assessment that the
original conditions under which the country was designated were no longer substantial and that
Nepal could adequately handle the return of its nationals.69 A 12-month delay of the termination
date to al ow for an orderly transition was also announced; the TPS designation for Nepal was
thus set to terminate on June 24, 2019.70 The termination has not yet taken effect due to a legal
chal enge.71
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. 72
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.”73 Through 24 subsequent extensions or redesignations, Somalia has maintained TPS due
to insecurity and ongoing armed conflict that present serious threats to the safety of returnees. In
January 2020, DHS extended Somalia’s designation for another 18 months through September
17, 2021.74
Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.75
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.

66 See CRS Report R44303, Nepal: Political Developments and U.S. Relations. For information on more recent country
conditions, see CRS In Focus IF10216, Nepal.
67 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for T emporary
Protected Status,” 80 Federal Register 36346-36350, June 24, 2015.
68 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation
of Nepal for T emporary Protected Status,” 81 Federal Register 74470-74475, October 26, 2016.
69 U.S. Department of Homeland Security, “ Secretary Kirstjen M. Nielsen Announcement on T emporary Protected
Status for Nepal,” press release, April 26, 2018, https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-
announcement -temporary-protected-status-nepal.
70 Ibid.
71 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward.
72 See CRS In Focus IF10155, Somalia.
73 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for
T emporary Protected Status,” 56 Federal Register 46804-46805, September 16, 1991.
74U.S. Citizenship and Immigration Services, “T emporary Protected Status Designated Country: Somalia,”
https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-
somalia.
75 See CRS In Focus IF10182, Sudan.
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On July 9, 2011, South Sudan became a new nation.76 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, Secretary Napolitano designated South Sudan for TPS on
October 17, 2011.77 TPS has been extended or redesignated seven times since then due to ongoing
armed conflict and extraordinary and temporary conditions in South Sudan, including “ongoing
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.”78 The latest
extension was for 18 months and expires on May 2, 2022.79
Meanwhile, citing improved conditions in Sudan, including a reduction in violence and an
increase in food harvests, then-Acting DHS Secretary Duke announced in September 2017 that
Sudan’s TPS designation would expire on November 2, 2018.80 The termination has not yet taken
effect due to a legal chal enge.81
Syria
The political uprising of 2011 in Syria grew into an intensely violent civil war that has led to 5.6
mil ion Syrians fleeing the country and 6.2 mil ion more internal y displaced as of early 2020.82
On March 29, 2012, Secretary of Homeland Security Janet 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 the country.83 In that initial granting
of TPS, Secretary Napolitano made clear that DHS would conduct full background checks on
Syrians registering for TPS.84 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, 2016.85 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

76 See CRS In Focus IF10218, South Sudan.
77 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of
South Sudan for T emporary Protected Status,” 76 Federal Register 63629-63635, October 13, 2011.
78 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for
T emporary Protected Status,” 82 Federal Register 44205-44211, September 21, 2017.
79 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Alert” https://www.uscis.gov/
humanitarian/temporary-protected-status. (As of the date of this report, the Federal Register notice extending the
designation had not been published.)
80 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of th e Designation
of Sudan for T emporary Protected Status,” 82 Federal Register 47228-47234, October 11, 2017.
81 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward .
82 See CRS Report R43119, Syria: Overview of the Humanitarian Response; and CRS Report RL33487, Armed
Conflict in Syria: Overview and U.S. Response.
83 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab
Republic for T emporary Protected Status,” 61 Federal Register 19026-19030, March 29, 2012.
84 Secretary of Homeland Security Janet Napolitano, “T emporary Protected Status (T PS) for Syrian Nationals,” press
release, March 23, 2012, http://www.dhs.gov/ynews/releases/20120323-napolitano-statement-syria-tps.shtm.
85 Previously, Syrians who had arrived in the United States after January 5, 2015, were not eligible for T PS. T he
redesignation allows Syrians that arrived between January 5, 2015, and August 1, 2016, to be eligible for T PS. U.S.
Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation of Syria
for T emporary Protected Status,” 81 Federal Register 50533-50541, August 1, 2016.
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prompted the original designation.86 This announcement did not include a redesignation; thus,
Syrians who entered the United States after August 1, 2016, are not eligible.87 The Trump
Administration has since issued another 18-month extension (without redesignation) for Syria
through March 31, 2021.88
Yemen
On September 3, 2015, DHS Secretary Johnson designated Yemen for TPS through March 3,
2017, due to ongoing armed conflict in the country.89 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.”90 Since 2015, the war in Yemen has kil ed over 100,000 people, including
civilians as wel as combatants. According to the United Nations, Yemen is the world’s worst
humanitarian crisis, with 80% of the population in need of assistance. Relief efforts in the region
have been complicated by ongoing violence and considerable damage to the country’s
infrastructure.91 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, 2017.92 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.93 The Trump
Administration has twice extended Yemen’s TPS designation for durations of 18 months, but the
arrival cutoff date remains the same.94 Its current designation lasts through September 3, 2021.95
State of Residence of TPS Recipients
Individuals with TPS reside in al 50 states, the District of Columbia, and the U.S. territories. The
largest populations live in traditional immigrant gateway states: California, Florida, Texas, and
New York. In addition, six other states had at least 10,000 TPS recipients as of November 2019:

86 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement On
T emporary Protected Status For Syria,” press release, January 31, 2018, https://www.dhs.gov/news/2018/01/31/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
87 U.S. Department of Homeland Security, Citizenship and Immigration Services, “Extension of the Designation Syria
for T emporary Protected Status,” 83 Federal Register 9329-9336, March 5, 2018.
88 U.S. Department of Homeland Security, Citizenship and Immigration Services, “Extension of the Designation Syria
for T emporary Protected Status,” 84 Federal Register 49751-49757, September 23, 2019.
89 U.S. Department of Homeland Security, Citizenship and Immigration Services, “Designation of the Republic of
Yemen for T emporary Protected Status,” 80 Federal Register 53319-53323, September 3, 2015.
90 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DHS Announces T emporary
Protected Status Designation for Yemen,” press release, September 3, 2015, http://www.uscis.gov/news/dhs-
announces-temporary-protected-status-designation-yemen.
91 See CRS Report R43960, Yemen: Civil War and Regional Intervention.
92 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation
of the Republic of Yemen for T emporary Protected Status,” 82 Federal Register 859-866, January 4, 2017.
93 Ibid.
94 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Yemen for T emporary Protected Status,” 83 Federal Register 40307-40313, August 14, 2018.
95 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T emporary Protected Status
Designated Country: Yemen,” https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-
status-designated-country-yemen.
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Virginia, Maryland, New Jersey, Massachusetts, North Carolina, and Georgia. Hawai , Wyoming,
Vermont, and Montana had fewer than 100 individuals with TPS. See Figure 1 and Table A-1.
Figure 1. Individuals with Temporary Protected Status by State of Residence

Source: CRS presentation of data provided by USCIS
Notes: These data reflect individuals with TPS as of November 7, 2019. 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 al 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 LPR status; however, a
TPS recipient is not barred from acquiring nonimmigrant or immigrant status if he or she meets
the requirements. 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 any
bil , resolution, or amendment that provides for the adjustment to lawful temporary or lawful
permanent resident status for any TPS recipient requires a supermajority in the Senate (i.e., three-
fifths of al Senators) voting affirmatively.
Over the years, Congress has provided for the adjustment to LPR status to groups of nationals
who had been given temporary relief from removal. In 1992, Congress enacted legislation
al owing 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
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Soviet bloc who had applied for asylum and had been living in the United States for a certain
period of time. The following year, Congress passed the Haitian Refugee Immigration Fairness
Act, enabling Haitians who had filed asylum claims or who were paroled into the United States
before December 31, 1995, to adjust to lawful permanent residence (P.L. 105-277). The 116th
Congress incorporated the Liberian Refugee Immigration Fairness Act into the FY2020 National
Defense Authorization Act; it al ows 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 20, 2019 (P.L. 116-92, Section 7611).
Other legislation to al ow nationals from various countries with TPS to adjust to LPR status
received action in past Congresses, but was not enacted. For instance, the Senate-passed
comprehensive immigration reform bil in the 113th Congress (S. 744) did not include specific
provisions for foreign nationals with TPS to adjust status, but many would have qualified for the
registered provisional immigrant status that S. 744 would have established.96
Selected Legislative Activity in the 116th Congress
Various proposals related to TPS have been introduced and considered in the 116th Congress.
These include bil s that would extend current TPS designations or add new countries to those
designated for TPS (e.g., Venezuela or Hong Kong),97 prohibit federal funds from being used to
remove TPS recipients,98 make TPS or DED recipients eligible for federal financial aid for higher
education,99 or provide adjustment to LPR status for TPS or DED recipients who have been living
in the United States for several years.100 Other bil s introduced in the 116th Congress variously
seek to limit TPS by transferring authority from DHS to Congress to designate foreign states 101 or
making ineligible for TPS aliens who lack a lawful immigration status or who are members of
criminal gangs.102
Two bil s that would provide longer-term lawful status to TPS recipients passed the House. The
American Dream and Promise Act of 2019 (H.R. 6) would al ow TPS-qualified aliens to adjust to
LPR status. It passed the House on June 4, 2019. The Farm Workforce Modernization Act of 2019
(H.R. 5038) would establish a certified agricultural worker (CAW) status and al ow DHS to grant
such status to TPS recipients and certain other aliens who have performed a certain amount of
agricultural labor in the last two years. CAW status would be valid for 5.5 years and could be
extended. An alien granted CAW status could apply for LPR status after meeting various
requirements, including performing a certain amount of agricultural labor for a number of years.
H.R. 5038 passed the House on December 11, 2019. The House also passed H.R. 549, which
would designate Venezuela for TPS for a period of 18 months.
In the Senate, the National Defense Authorization Act for Fiscal Year 2020 (S. 1790) includes the
Liberian Refugee Immigration Fairness Act (Section 7611), which al ows Liberian nationals who
have been continuously present in the United States since November 20, 2014, and their family

96 See archived CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in
Senate-Passed S. 744.
97 H.R. 549, H.R. 1926, H.R. 2413, H.R. 2783, H.R. 4112, H.R. 4272, H.R. 4303, H.R. 8428, S. 636, S. 2176, and S.
2478, for example.
98 H.R. 3931, for example.
99 H.R. 1298, H.R. 4674, and S. 1346, for example.
100 H.R. 6, H.R. 1169, H.R. 2783, S. 456, S. 874, S. 879, and S. 1790, for example.
101 H.R. 3899, for example.
102 H.R. 98, H.R. 574, H.R. 1106, H.R. 3899, and S. 599, for example.
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members to apply for LPR status. S. 1790 was signed into law by President Trump on December
20, 2019, and became P.L. 116-92.
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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
890
Nevada
4,129
Alaska
101
New Hampshire
366
Arizona
1,653
New Jersey
18,397
Arkansas
3,525
New Mexico
382
California
74,099
New York
50,537
Colorado
2,964
North Carolina
14,865
Connecticut
2,750
North Dakota
105
Delaware
767
Ohio
2,163
District of Columbia
3,226
Oklahoma
971
Florida
56,513
Oregon
914
Georgia
11,629
Pennsylvania
3,103
Hawai
96
Rhode Island
861
Idaho
212
South Carolina
1,623
Il inois
3,904
South Dakota
253
Indiana
2,606
Tennessee
3,079
Iowa
1,483
Texas
53,069
Kansas
1,298
Utah
1,269
Kentucky
927
Vermont
48
Louisiana
2,156
Virginia
27,705
Maine
191
Washington
2,304
Maryland
27,178
West Virginia
242
Massachusetts
17,069
Wisconsin
647
Michigan
1,770
Wyoming
54
Minnesota
2,718
U.S. Virgin Islands
639
Mississippi
458
Puerto Rico
79
Missouri
1,427
Northern Mariana Islands
29
Montana
29
Other/Unknown
109
Nebraska
1,745
Total
411,326
Source: Data provided to CRS by USCIS.
Notes: These data reflect individuals with an approved TPS application as of November 7, 2019; 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 al 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 n ot 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
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Congressional Research Service
RS20844 · VERSION 54 · UPDATED
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