Temporary Protected Status and Deferred
April 19, 2022
Enforced Departure
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 present in the United States who are from those
Policy
countries to safely return. Provisions in the Immigration and Nationality Act (INA) provide for
temporary protected status (TPS) and other forms of relief from removal under specified
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. A foreign national from a designated country who is granted TPS receives a registration
document and employment authorization for the duration of the TPS designation.
In addition to TPS, there is another form of blanket relief from removal known as deferred enforced departure (DED). DED
is a temporary, discretionary, administrative stay of removal granted to aliens from designated countries. Unlike TPS, a DED
designation emanates from the President’s constitutional powers to conduct foreign relations and has no statutory basis.
As of February 16, 2022, approximately 354,625 foreign nationals from the following 12 countries who were living in the
United States were protected by TPS: Burma, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan,
Syria, Venezuela, and Yemen. In addition, in March and April, 2022, the Biden Administration announced new designations
for Ukraine, Afghanistan, and Cameroon. Certain Liberians, Venezuelans, and residents of Hong Kong living in the United
States currently maintain relief under DED.
Multiple measures related to TPS have been introduced in the 117th Congress. They include proposals to add new TPS
designations (e.g., Venezuela and Hong Kong) and others that would restrict eligibility for TPS. There is ongoing debate
about whether foreign nationals who have been living in the United States for long periods of time with TPS or DED should
have a pathway to lawful permanent resident (LPR) status. Two bills that would provide such a pathway have passed the
House.
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Contents
Background ..................................................................................................................................... 1
Humanitarian Response ................................................................................................................... 1
Temporary Protected Status ............................................................................................................. 2
Deferred Enforced Departure .......................................................................................................... 4
Historical Use of Blanket Relief ...................................................................................................... 4
Current TPS and DED Designations ............................................................................................... 6
Countries ................................................................................................................................... 8
Afghanistan ......................................................................................................................... 8
Burma.................................................................................................................................. 9
Cameroon ............................................................................................................................ 9
Central American Countries .............................................................................................. 10
Haiti ................................................................................................................................... 11
Hong Kong ........................................................................................................................ 13
Liberia ............................................................................................................................... 14
Nepal ................................................................................................................................. 15
Somalia ............................................................................................................................. 16
Sudan and South Sudan .................................................................................................... 16
Syria .................................................................................................................................. 17
Ukraine .............................................................................................................................. 18
Venezuela .......................................................................................................................... 19
Yemen ............................................................................................................................... 20
State of Residence of TPS Recipients ........................................................................................... 21
Adjustment of Status ..................................................................................................................... 22
Legislative Activity in the 117th Congress ..................................................................................... 22
Figures
Figure 1. Individuals with Temporary Protected Status by State of Residence ............................. 21
Tables
Table 1. Countries Currently Designated for TPS ........................................................................... 7
Table 2. Countries/Regions Currently Under a DED Grant ............................................................ 8
Table A-1. Individuals with Temporary Protected Status by State of Residence .......................... 24
Appendixes
Appendix. ...................................................................................................................................... 24
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Contacts
Author Information ........................................................................................................................ 25
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Temporary Protected Status and Deferred Enforced Departure
Background
Federal law provides that all aliens1 attempting to enter the United States must do so pursuant to
the Immigration and Nationality Act (INA). The INA allows for the admission of (1) immigrants,
who are admitted to the United States permanently,2 and (2) nonimmigrants, who are admitted for
temporary durations and specific purposes (e.g., students, tourists, temporary workers, or business
travelers).3 Foreign nationals who lack lawful immigration status generally fall into three
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 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.4 Temporary Protected Status (TPS), codified in INA
Section 244,5 provides temporary relief from removal and work authorization to foreign
nationals—regardless of their immigration status—in the United States from countries
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 relief6 from removal—Deferred Enforced Departure (DED)—
is also described, as is the historical use of these relief mechanisms. This report then provides
information on each of the countries currently designated for TPS or DED, including the
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 117th Congress related to TPS.
Humanitarian Response
As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N.
Protocol),7 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
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 See CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
3 See CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States.
4 For more information, see CRS Report R45158, An Overview of Discretionary Reprieves from Removal: Deferred
Action, DACA, TPS, and Others.
5 8 U.S.C. §1254a.
6 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 a form of relief administered on a case-by-
case basis to individuals based on their personal circumstances.
7 The 1951 United Nations Convention Relating to the Status of Refugees, which was amended by its 1967 Protocol,
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,
https://www.unhcr.org/en-us/about-us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967-
protocol.html.
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political opinion. (This is now considered a rule of customary international law.) Nonrefoulement
is embodied in several provisions of U.S. immigration law. Most notably, it is reflected in INA
provisions requiring the government to withhold the removal of a foreign national to a country in
which his or her life or freedom would be threatened on the basis of race, religion, nationality,
membership in a particular social group, or political opinion.8
The definition of a refugee in the INA, which is consistent with the U.N. Protocol, specifies that a
refugee is a person who is unwilling or unable to return to his/her country of nationality or
habitual residence because of persecution or a well-founded fear of persecution on account of
race, religion, nationality, membership in a particular social group, or political opinion.9 This
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.10 Those admitted as
refugees or granted asylum can apply for LPR status after one year.
Other foreign nationals in the United States who might elicit a humanitarian response may not
qualify for asylum because they do not meet the legal definition of a refugee; under certain
circumstances these persons may be eligible for relief from removal through TPS or DED.
Temporary Protected Status
TPS is a blanket form of humanitarian relief.11 It is the statutory embodiment of safe haven for
foreign nationals within the United States12 who may not qualify for asylum but are nonetheless
fleeing—or reluctant to return to—potentially dangerous situations. TPS was established by
Congress by Title III of the Immigration Act of 1990 (P.L. 101-649). The statute gives the
Secretary of the Department of Homeland Security (DHS),13 in consultation with other
government agencies (most notably the Department of State), the authority to designate a country
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.
8 INA §208 (8 U.S.C. §1158); INA §241(b)(3) (8 U.S.C. §1231(b)(3)); and INA § 101(a)(42) (8 U.S.C. §1101(a)(42)).
9 INA §101(a)(42) (8 U.S.C. §1101(a)(42)). In certain circumstances specified in INA §101(a)(42)(B), a refugee may
be within his/her country of nationality or habitual residence.
10 See CRS Report R45539, Immigration: U.S. Asylum Policy; and CRS Report RL31269, Refugee Admissions and
Resettlement Policy.
11 The term blanket relief 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.
12 Foreign nationals outside the United States are not eligible to apply for TPS.
13 When TPS was enacted in 1990, most immigration-related functions, including designating countries for TPS, fell
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.
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A foreign state may not be designated for TPS if the Secretary of DHS finds that allowing its
nationals to temporarily stay in the United States is against the U.S. national interest.14
The Secretary of DHS may designate a country for TPS for periods of 6 to 18 months and can
extend these periods if the country continues to meet the conditions for designation.15 Each
designation specifies the date by which individuals must have continuously resided in the United
States in order to qualify.16 If a designation is extended, the arrival date may be moved forward in
order to allow those who arrived later to qualify, an action referred to as redesignation.17
To obtain TPS, nationals18 of foreign countries designated for TPS must pay specified fees19 and
submit an application to DHS’s U.S. Citizenship and Immigration Services (USCIS) before the
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).20 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.21 Foreign nationals outside the United States are not
eligible to apply for TPS.
Individuals granted TPS are eligible for employment authorization, cannot be detained on the
basis of their immigration status, and are not subject to removal while they retain TPS.22 They
may be deemed ineligible for public assistance by a state; they may travel abroad with the prior
consent of the DHS Secretary.23 TPS does not provide a path to lawful permanent residence or
citizenship, but a TPS recipient is not barred from acquiring nonimmigrant or immigrant status if
he or she meets the requirements.24 DHS has indicated that information it collects when an
individual registers for TPS may be used to enforce immigration law or in any criminal
14 INA §244(b)(1) (8 U.S.C. §1254a(b)(1)).
15 There is no limit on the number of extensions a country can receive.
16 This date is typically the same or very near to the date of the designation announcement.
17 Redesignation is not defined in law; it also refers to cases in which a country is designated for TPS for a different or
additional reason than previously designated (e.g., initially designated on the basis of armed conflict, and subsequently
designated on the basis of a natural disaster).
18 In addition to nationals of designated countries, TPS statute provides that aliens with no nationality who “last
habitually resided in such designated state” are eligible to apply. INA §244(a)(1) (8 U.S.C. §1254a(a)(1)).
19 Fees for initial applicants include a $50 application fee (may not exceed $50 per 8 U.S.C. §1254a(c)(1)(B)), a $410
filing fee for employment authorization (if applying for employment authorization and between the ages of 14 and 65),
and an $85 biometrics services fee for those age 14 and over. Applicants may request a waiver of the application and
biometrics fees per 8 C.F.R. §103.7(c). Re-registration does not require the $50 application fee, but the other fees
apply.
20 See 8 C.F.R. §244.9 for details on evidence that must be submitted.
21 Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas
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.
22 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)).
23 INA §244(f) (8 U.S.C. §1254a(f)).
24 For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted
TPS is considered as being in and maintaining “lawful status as a nonimmigrant” during the period in which the alien is
granted TPS. INA §244(f)(4) (8 U.S.C. §1254a(f)(4)).
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proceeding.25 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or
deportation proceedings.26
Deferred Enforced Departure
In addition to TPS, there is another form of blanket relief from removal known as deferred
enforced departure (DED),27 formerly known as extended voluntary departure (EVD).28 DED is a
temporary, discretionary, administrative stay of removal granted to aliens from designated
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
applied to seven countries (see “Historical Use of Blanket Relief”). Liberia, Venezuela, and Hong
Kong are currently covered by DED.
DED and EVD have been used on country-specific bases to provide relief from removal at the
President’s discretion, usually in response to war, civil unrest, or natural disasters.29 When
Presidents grant DED through an executive order or presidential memorandum, they generally
provide eligibility guidelines and direct the Secretary of Homeland Security to allow DED-
eligible individuals to apply for employment authorization. Unlike TPS, the Secretary of State
does not need to be consulted when DED is granted. In contrast to recipients of TPS, individuals
who benefit from DED are not required to register for the status with USCIS unless they are
applying for work authorization.30 Instead, DED is triggered when a protected individual is
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,
25 8 C.F.R. §244.16.
26 8 C.F.R. §244.14.
27 DED is not to be confused with deferred action, which the Department of Homeland Security defines as “a
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 Removal: Deferred Action,
DACA, TPS, and Others and CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation.
28 EVD status, which was used from 1960 to 1990, was given to nationals of Iran, Lebanon, Nicaragua, Poland, and
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.
29 See, for example, 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), Office of the Press Secretary,
“Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of Homeland Security,
September 28, 2016; The White House (President Trump), Office of the Press Secretary, “Deferred Enforced Departure
for Certain Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security,
January 19, 2021.
30 In general, the President directs executive agencies to implement procedures to provide DED and related benefits,
such as employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and
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.
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Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau, the Kosovo Province of Serbia, Kuwait,
Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.31
Rather than extending the initial Salvadoran TPS designation when it expired in 1992, President
George H. 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 1994.32 From 1991 to 1996, DED was also granted to about 2,200 Kuwaiti
Persian Gulf evacuees who were airlifted to the United States after the 1990 Iraqi invasion of
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.33 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.34 President Trump terminated DED for
Liberians, but provided for extended wind-down periods that lasted until January 10, 2021 (for
more details, see the “Liberia” section).35 On President Trump’s last full day in office, he granted
DED to Venezuelans.36 President Biden re-instated DED for Liberians on his first day in office.37
In August 2021, President Biden granted DED to residents of Hong Kong living in the United
States.38
31 For a current and historical list of TPS designations by country and links to Federal Register announcements, see
U.S. Department of Justice, Executive Office for Immigration Review, Temporary Protected Status,
https://www.justice.gov/eoir/temporary-protected-status. For a graph showing effective dates, bases for designation,
and types of TPS decisions for FY1990–FY2019, see U.S. Government Accountability Office, Temporary Protected
Status: Steps Taken to Inform and Communicate Secretary of Homeland Security’s Decisions, GAO-20-134, April
2020, p. 11, https://www.gao.gov/assets/gao-20-134.pdf.
32 Many of the beneficiaries of this DED grant were able to adjust to LPR status through the Chinese Student Protection
Act of 1992 (P.L. 102-404).
33 The Nicaraguan Adjustment and Central American Relief Act (NACARA) (Title II of P.L. 105-100) was enacted in
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.
The Haitian Refugee Immigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowing certain Haitian
nationals who were in the United States before December 31, 1995 to adjust to LPR status. For more information, see
archived CRS Report RS21349, U.S. Immigration Policy on Haitian Migrants.
34 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DED Granted Country -
Liberia,” https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-liberia/ded-granted-
country-liberia.
35 The White House (President Trump), Office of the Press Secretary, “Extending the Wind-Down Period for Deferred
Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland
Security, March 30, 2020; The White House (President Trump), Office of the Press Secretary, “Extension of Deferred
Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland
Security, March 28, 2019; and The White House (President Trump), Office of the Press Secretary, “Expiration of
Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary of State and the Secretary of
Homeland Security, March 27, 2018.
36 The White House (President Trump), Office of the Press Secretary, “Deferred Enforced Departure for Certain
Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January
19, 2021.
37 The White House (President Biden), Office of the Press Secretary, “Reinstating Deferred Enforced Departure for
Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 20,
2021.
38 The White House (President Biden), Office of the Press Secretary, “Memorandum on the Deferred Enforced
Departure for Certain Hong Kong Residents,” presidential memorandum for the Secretary of State and the Secretary of
Homeland Security, August 5, 2021.
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Current TPS and DED Designations
Fifteen countries are currently designated for TPS and three countries are covered by a grant of
DED. As of February 16, 2022, approximately 354,625 foreign nationals from the following 12
countries who were living in the United States were protected by TPS: Burma, El Salvador, Haiti,
Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen. In
addition, in March and April 2022, the Biden Administration announced three new, 18-month
TPS designations for Ukraine, Afghanistan, and Cameroon. DHS estimates that 59,600 Ukrainian
nationals, 74,500 Afghan nationals, and 11,700 Cameroonian nationals could be eligible to apply
under these designations.39
Table 1 lists the TPS-designated countries as of the date of this report, the most recent decision—
to extend or terminate—by the Secretary of DHS, the date from which individuals are required to
have continuously resided in the United States, and the designation’s current expiration date. In
addition, Table 1 shows the number of individuals protected by TPS as of February 16, 2022.40
In addition to the countries designated for TPS, certain nationals from Liberia and Venezuela are
covered by DED, as are certain Hong Kong residents currently present in the United States (see
the “Hong Kong,” “Liberia,” and “Venezuela” sections). Table 2 shows the dates associated with
these grants. Individuals covered by DED are not required to register for the status with USCIS
unless they are applying for work authorization. As a result, USCIS does not maintain data on the
total population covered by DED.
39 The estimate for Ukraine comes from U.S. Department of Homeland Security, U.S. Citizenship and Immigration
Services, “Designation of Ukraine for Temporary Protected Status,” 8 Federal Register 23211-23218, April 19, 2022.
The estimate for Afghanistan comes from DHS email to CRS on March 17, 2022. The estimate for Cameroon comes
from U.S. Department of Homeland Security, “Secretary Mayorkas Designates Cameroon for Temporary Protected
Status for 18 months,” press release, April 15, 2022.
40 Prior USCIS data on TPS recipients included some individuals who also had LPR status and some who had become
naturalized U.S. citizens. USCIS now provides data on TPS recipients who do not have LPR status or U.S. citizenship.
Thus, the numbers used in this report may be lower than those in prior versions of this report and more accurately
reflect those who rely on TPS to remain in the United States.
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Table 1. Countries Currently Designated for TPS
Most Recent
Required Arrival
Expiration
Approved
Country
Decision
Datea
Dateb
Individualsc
Afghanistan
New designation
March 15, 2022
September 2023d
N/Ae
Burma
New designation
March 11, 2021
November 25, 2022
380
Cameroon
New designation
April 14, 2022
October, 2023d
N/Ae
El Salvador
Termination*
February 13, 2001
September 9, 2019
193,940
Haiti (2010)
Termination*
January 12, 2011
July 22, 2019
39,650f
Haiti (2021)
New designation
July 29, 2021
February 3, 2023
3,240f
Honduras
Termination*
December 30, 1998
January 5, 2020
58,625
Nepal
Termination*
June 24, 2015
June 24, 2019
9,355
Nicaragua
Termination*
December 30, 1998
January 5, 2019
3,130
Somalia
Extension and
July 19, 2021
March 17, 2023
370
redesignation
South Sudan
Extension and
March 1, 2022
November 3, 2023
75
redesignation
Sudan (1997)
Termination*
January 9, 2013
November 2, 2018
535
Sudan (2022)
New designation
March 1, 2022
October 19, 2023
N/Ae
Syria
Extension and
March 19, 2021
September 30, 2022
3,910
redesignation
Ukraine
New designation
April 11, 2022
October 19, 2023
N/Ae
Venezuela
New designation
March 8, 2021
September 9, 2022
40,400
Yemen
Extension and
July 5, 2021
March 3, 2023
1,335
redesignation
Total
354,625
Sources: CRS compilation of information from Federal Register announcements or press releases; numbers
provided to CRS by USCIS.
Note: *Due to legal challenges, these terminations have not yet taken effect. Numbers are rounded to the
nearest 5 by USCIS and may not sum to total due to rounding.
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. Unless a country is redesignated for TPS, the required arrival date does not change. A foreign
national is not considered to have failed this requirement for a “brief, casual, and innocent” absence. 8
U.S.C. §1254a(c) and 8 C.F.R. §244.1.
b. The expiration date represents the end of the most recent designation period and is subject to change
based on future decisions of the Secretary of DHS.
c. These data reflect the number of individuals (rounded to the nearest five by USCIS) with an approved TPS
application as of February 16, 2022, who had not obtained LPR status or U.S. citizenship. The data may
include individuals who have left the country or died since their last TPS approval, and do not necessarily
include all nationals from the specified countries who are in the United States and are eligible for the status.
d. The exact date wil be announced in the forthcoming Federal Register notice.
e. Because the application period just began, data are not yet available.
f.
615 Haitians have approved TPS petitions under both the 2010 and 2021 Haiti designations and are included
in both rows. The “Total” row in this table does not count approved individuals more than once.
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Table 2. Countries/Regions Currently Under a DED Grant
Country/Region
Required Arrival Datea
Expiration Dateb
Hong Kong
August 5, 2021
February 5, 2023
Liberia
October 1, 2002
June 30, 2022
Venezuela
January 20, 2021
July 20, 2022
Source: CRS compilation of information from Federal Register announcements and White House press releases.
a. The arrival date represents the date from which individuals are required to have continuously resided in the
United States in order to qualify for DED.
b. The expiration date represents the end of the most recent DED grant and is subject to change based on
future decisions of the President.
Countries
Afghanistan
Tens of thousands of Afghans were evacuated and relocated to the United States in the summer of
2021 as a result of the U.S. military withdrawal from Afghanistan.41 These Afghan nationals
included persons who had assisted the United States during its two-decade military presence and
economic development efforts in Afghanistan. Most Afghan evacuees who were allowed to enter
the United States were granted immigration parole. Parolees are permitted to remain in the United
States for the duration of the grant of parole and may obtain work authorization.42 These benefits
are temporary; parole does not provide a recipient with a designated pathway to LPR status. Most
Afghan evacuees were granted parole for two years,43 though some were reportedly granted
parole for one year.44
On March 15, 2022, DHS Secretary Mayorkas announced the designation of Afghanistan for TPS
for a period of 18 months.45 The designation is based on ongoing armed conflict “as the Taliban
seeks to impose control in all areas of the country and Islamic State-Khorasan (IS-K) conducts
attacks against civilians.”46 The DHS press release also references the “extraordinary and
temporary” conditions that prevent Afghans from being able to safely return to Afghanistan:
“collapsing public sector, a worsening economic crisis, drought, food and water insecurity, lack of
access to healthcare, internal displacement, human rights abuses and repression by the Taliban,
destruction of infrastructure, and increasing criminality.”47 According to DHS, the TPS
designation will allow some 74,500 Afghans who were residing in the United States as of March
15, 2022, to remain and work legally through September 2023.48
41 For more information, see CRS Report R46879, U.S. Military Withdrawal and Taliban Takeover in Afghanistan:
Frequently Asked Questions.
42 For more information, see CRS Report R46570, Immigration Parole.
43 U.S. Department of Homeland Security, “Fact Sheet on Operation Allies Welcome,” November 5, 2021. Available at
https://www.dhs.gov/sites/default/files/publications/21_1110-opa-dhs-resettlement-of-at-risk-afghans.pdf.
44 Rebecca Beitsch, “DHS gives temporary protected status to Afghans in US,” The Hill, March 16, 2022.
45 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Afghanistan for Temporary Protected
Status,” press release, March 16, 2022.
46 Ibid.
47 Ibid.
48 Email to CRS from DHS, March 17, 2022.
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Burma
On February 1, 2021, Burma’s military seized control of Burma’s Union Government and
detained State Counselor Aung San Suu Kyi (the country’s de facto civilian leader) and members
of her political party. The military’s action was widely condemned internationally as a blow to
Burma’s partial transition from military rule to democracy.49 In subsequent weeks, the military
used lethal force against peaceful protesters several times. In a press release announcing the
decision to designate Burma for TPS on the basis of extraordinary and temporary conditions,
Secretary Mayorkas stated, “Due to the military coup and security forces’ brutal violence against
civilians, the people of Burma are suffering a complex and deteriorating humanitarian crisis in
many parts of the country.”50 The press release also noted, “The coup has led to continuing
violence, pervasive arbitrary detentions, the use of lethal violence against peaceful protesters, and
intimidation of the people of Burma. The coup has worsened humanitarian conditions in several
areas by limiting access to life-saving assistance, disrupting flights carrying humanitarian and
medical aid, and spurring an economic crisis.”51
Burma’s designation is for 18 months. Burmese nationals who can demonstrate that they were
present in the United States as of March 11, 2021 are eligible. DHS estimates that 1,600
individuals may be eligible under this designation.52
Cameroon
Cameroon faces security crises on several fronts.53 Boko Haram, an armed Islamist group that
originated in neighboring Nigeria, began operating more openly in northern Cameroon around
2013, and attacks by Boko Haram and an Islamic State-affiliated offshoot, the Islamic State West
Africa Province (IS-WA, which split from Boko Haram in 2016), persist. In the west, a conflict
between Anglophone separatists and state security forces that began in 2017 has led to several
thousand civilian deaths and included widespread human rights abuses. As of March 2022,
roughly 1 million Cameroonians were displaced due to the conflicts in the north and west.
Human rights organizations have raised concerns over the safety of Cameroonians removed from
the United States, amid allegations that some of those returned to Cameroon from the United
States faced arbitrary arrest and detention, torture, rape, and other abuses by Cameroonian
authorities.54 In both 2020 and 2021, several Members signed letters urging the Trump
Administration to halt the planned removal of Cameroonian asylum-seekers; since 2021, several
Members have requested that President Biden grant TPS or DED for Cameroon.
49 CRS Insight IN11594, Coup in Burma (Myanmar): Issues for U.S. Policy.
50 Department of Homeland Security, “Secretary Mayorkas Designates Burma for Temporary Protected Status,” press
release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-
protected-status.
51 Ibid.
52 U.S. Citizenship and Immigration Services, “Designation of Burma (Myanmar) for Temporary Protected Status,” 86
Federal Register 28132-28137, May 25, 2021; Michele Kelemen, “U.S. Offers Protected Status For People From
Myanmar As Coup Leaders Crack Down,” National Public Radio, March 12, 2021; Simon Lewis and Humeyra Pamuk,
“U.S. grants Myanmar nationals relief from deportation after military coup,” Reuters, March 12, 2021; Joe Walsh,
“Biden Offers Deportation Relief To Myanmar Nationals Amid Coup Chaos,” Forbes, March 12, 2021.
53 This paragraph is based on CRS Report R46919, Cameroon: Key Issues and U.S. Policy.
54 Human Rights Watch, “‘How Can You Throw Us Back?’: Asylum Seekers Abused in the US and Deported to Harm
in Cameroon,” February 10, 2022.
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On April 15, 2022, DHS Secretary Mayorkas announced that he was designating Cameroon for
TPS based on armed conflict and extraordinary conditions that prevent its nationals from
returning to Cameroon safely. The announcement cited “the extreme violence between
government forces and armed separatists and a significant rise in attacks from Boko Haram,” as
well as the widespread destruction of civilian infrastructure, which “have led to economic
instability, food insecurity, and several hundred thousand displaced Cameroonians without access
to schools, hospitals, and other critical services.”55 The 18-month designation covers nationals of
Cameroon who were residing in the United States as of April 14, 2022. DHS estimates that
11,700 will be eligible to file applications for TPS under the designation of Cameroon.
Central American Countries
The only time Congress has granted TPS was in 1990 (as part of P.L. 101-649, the law
establishing TPS) to eligible Salvadoran nationals in the United States.56 In the aftermath of
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, former Attorney General Reno designated Honduras and
Nicaragua for TPS due to “severe flooding and associated damage” and “substantial disruption of
living conditions” caused by Hurricane Mitch.57 Prior to leaving office in January 2001, President
Clinton said that his Administration would temporarily suspend deportations to El Salvador
because of a major earthquake. In 2001, the George W. Bush Administration granted TPS to
Salvadoran nationals following two earthquakes that rocked the country.58
Over the years, the George W. Bush Administration and the Obama Administration extended TPS
for Central Americans from El Salvador, Honduras, and Nicaragua on the rationale that it was still
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.”59 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.60 On May 4, 2018, DHS announced its decision to terminate
the TPS designation for Honduras, with an 18-month delay (until January 5, 2020) to allow for an
55 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Cameroon for Temporary Protected Status
for 18 months,” press release, April 15, 2022.
56 For historical analysis, see archived CRS Report IB87205, Immigration Status of Salvadorans and Nicaraguans
(available to congressional clients upon request).
57 U.S. Department of Justice, Immigration and Naturalization Service, “The Designation of Honduras Under
Temporary Protected Status,” 64 Federal Register 524-526, January 5, 1999; U.S. Department of Justice, Immigration
and Naturalization Service, “The Designation of Nicaragua Under Temporary Protected Status,” 64 Federal Register
526-528, January 5, 1999.
58 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.
59 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.
60 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.
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orderly transition.61 The terminations for Nicaragua and Honduras are on hold due to a legal
challenge.62
On January 8, 2018, DHS announced its decision to terminate TPS for El Salvador—whose
nationals account for about 55% of all current TPS recipients—after an 18-month transition
period. El Salvador’s TPS designation was scheduled to end on September 9, 2019,63 but the
termination has not yet taken effect due to a legal challenge.64 DHS announced in October 2019—
as part of agreements with El Salvador related to information sharing and security—that it would
extend the validity of work permits through January 4, 2021, for Salvadorans with TPS. To
comply with court orders, DHS has since extended TPS-related documentation through December
31, 2022, for individuals from El Salvador, Nicaragua, Honduras, and other specified countries.65
The October 2019 announcement also stated that Salvadorans with TPS would have “an
additional 365 days after the conclusion of the TPS-related lawsuits to repatriate back to their
home country.”66 These actions do not equate to a TPS extension, as defined in statute.67
The large number of Central Americans with TPS, along with their length of U.S. residence and
resulting substantial economic and family ties, have led some to support extending TPS—or
providing LPR status—for Central Americans and Salvadorans in particular. Supporters have
argued that ongoing violence, political unrest, and subsequent natural disasters have left these
countries unable to adequately handle the return of their nationals and that a large-scale return
could have negative consequences for the U.S. economy and labor supply, American families,
foreign relations, and the flow of remittances sent by Central Americans living in the United
States to their relatives in Central America.68 Opponents have argued that ending the TPS
designations for these countries is consistent with its original intent—to provide temporary safe
haven.
Haiti
On May 22, 2021, Secretary Mayorkas announced a new, 18-month TPS designation for Haiti
based on extraordinary and temporary conditions, stating, “Haiti is currently experiencing serious
security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of
61 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
Temporary Protected Status for Honduras,” press release, May 4, 2018, https://www.dhs.gov/news/2018/05/04/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
62 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward.
63 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
Temporary Protected Status for El Salvador,” press release, January 8, 2018, https://www.dhs.gov/news/2018/01/08/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
64 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward.
65 For more information, see Department of Homeland Security, U.S. Citizenship and Immigration Services,
“Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal,” 86 Federal Register 50725-50733, September 10, 2021.
66 U.S. Department of Homeland Security, “U.S. and El Salvador Sign Arrangements on Security and Information
Sharing; Give Salvadorans with TPS More Time,” press release, October 28, 2019, https://www.dhs.gov/news/2019/10/
28/us-and-el-salvador-sign-arrangements-security-information-sharing-give-salvadorans.
67 See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)).
68 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.
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basic resources, which are exacerbated by the COVID-19 pandemic.”69 The announcement
followed months of pressure from immigration advocates and some Members of Congress,
including the chair and ranking member of the Senate Foreign Relations Committee.70 DHS
estimates that 155,000 Haitians may be eligible under this designation,71 which includes
individuals who are currently covered by the separate TPS designation that began in 2010.
The 2010 designation was made after the January 12, 2010 earthquake in Haiti prompted calls for
the Obama Administration to grant TPS to Haitian nationals in the United States.72 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, 2010.73 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.”74
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.75
DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,
through January 22, 2013.76 At the same time, DHS issued a redesignation, enabling eligible
Haitian nationals who had arrived in the United States up to one year after the earthquake to
receive TPS. The redesignation targeted individuals who were allowed to enter the United States
immediately after the earthquake on temporary visas or humanitarian parole,77 but were not
69 Department of Homeland Security, “Secretary Mayorkas Designates Haiti for Temporary Protected Status for 18
months,” press release, May 22, 2021, https://www.dhs.gov/news/2021/05/22/secretary-mayorkas-designates-haiti-
temporary-protected-status-18-months. For further information on country conditions, see the “Haiti” section in CRS
Report R46781, Latin America and the Caribbean: U.S. Policy and Key Issues in the 117th Congress, coordinated by
Mark P. Sullivan.
70 Senate Foreign Relations Committee, “Menendez, Rubio Urge Biden Administration to Re-designate Haiti for TPS,”
press release, March 12, 2021, https://www.foreign.senate.gov/press/chair/release/-menendez-rubio-urge-biden-
administration-to_re-designate-haiti-for-tps.
71 United States Citizenship and Immigration Services, “Designation of Haiti for Temporary Protected Status,” 86
Federal Register 41863-41871, August 3, 2021.
72 The issue of Haitian TPS had arisen several times prior, most notably after the U.S. Ambassador declared Haiti a
disaster in September 2004 due to the magnitude of the effects of Tropical Storm Jeanne. A series of tropical cyclones
in 2008 resulted in hundreds of deaths and led some to label the city of Gonaives uninhabitable. The George W. Bush
Administration did not grant TPS or another form of blanket relief to Haitians, nor was legislation enacted that would
have provided TPS to Haitians, such as H.R. 522 in the 110th Congress. For background information on Haitian
migration to the United States, see archived CRS Report RS21349, U.S. Immigration Policy on Haitian Migrants.
73 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.
74 U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15,
2010.
75 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.
76 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of Temporary Protected Status
for Haitian Beneficiaries,” press release, May 17, 2011.
77 Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to
be granted authorization to enter the United State for a temporary period. INA §212(d)(5) (8 U.S.C. §1182(d)(5)). For
more information, see CRS Report R46570, Immigration Parole.
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covered by the initial TPS designation.78 Subsequently, then-Secretary Jeh Johnson extended
Haiti’s designation several more times, through July 22, 2017.79
A May 2, 2017 letter from members of the Congressional Black Caucus to then-DHS Secretary
John Kelly urged another 18-month extension of TPS for Haiti, citing continued recovery
difficulties from the 2010 earthquake that killed over 300,000 people, an ongoing cholera
epidemic, and additional damages from Hurricane Matthew in 2016.80 On May 24, 2017, 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.81 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.82 On November 20, 2017, DHS
announced its decision to terminate TPS for Haiti, with an 18-month transition period. Its
designation was set to terminate on July 22, 2019,83 but the termination has not yet taken effect
due to legal challenges.84 Haitian nationals who have been covered under the designation that
began in 2010 and wish to be covered by the new designation must submit a new application to
DHS.
Hong Kong
Following large-scale protests in 2019, China imposed a sweeping National Security Law on
Hong Kong in 2020 that many see as violating a 1984 Sino-British treaty which stated that Hong
Kong’s social and economic systems and individual rights and freedoms would remain
unchanged until at least 2047 and in which China promised to give Hong Kong a “high degree of
autonomy.”85 In February 2021, after Hong Kong authorities charged pro-democracy politicians
and activists with subversion under the new law, U.S. Secretary of State Antony Blinken called
for their immediate release, tweeting, “Political participation and freedom of expression should
not be crimes.”86 On August 5, 2021, President Biden granted DED to certain Hong Kong
residents currently in the United States citing the “significant erosion” of human rights and
fundamental freedoms.87 Under this directive, eligible individuals may apply to DHS for work
78 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.
79 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.
80 For conditions following Hurricane Matthew, see CRS In Focus IF10502, Haiti: Cholera, the United Nations, and
Hurricane Matthew.
81 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.
82 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.
83 U.S. Department of Homeland Security, “Acting Secretary Elaine Duke Announcement On Temporary Protected
Status For Haiti,” press release, November 20, 2017, https://www.dhs.gov/news/2017/11/20/acting-secretary-elaine-
duke-announcement-temporary-protected-status-haiti.
84 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward.
85 See CRS In Focus IF10119, China Primer: U.S.-China Relations.
86 Ibid.
87 The White House (President Biden), Office of the Press Secretary, “Memorandum on the Deferred Enforced
Departure for Certain Hong Kong Residents,” presidential memorandum for the Secretary of State and the Secretary of
Homeland Security, August 5, 2021.
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authorization and are not subject to removal from the United States for the next 18 months. DHS
estimated that the Hong Kong population eligible for DED was 3,860 in March 2021.88
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 2000.89 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.90 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.91
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.92 On September 26, 2016, DHS issued a
notice terminating TPS for Liberia with an effective date of May 21, 2017; this date provided a
six-month extension past when it was previously set to expire, in order to provide an “orderly
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.”93 Similar termination
notices were issued for Sierra Leone and Guinea.
For a specially designated population of Liberians who had been residing in the United States
since October 2002, their DED status was extended by President Obama through March 31,
2018.94 President Trump announced on March 27, 2018, that extending DED again for these
Liberians was not warranted due to improved conditions in Liberia, but that the U.S. foreign
policy interests warranted a 12-month wind-down period.95 A lawsuit challenging the termination
88 Email to CRS from USCIS, January 7, 2022.
89 See archived CRS Report RL32243, Liberia: Transition to Peace.
90 U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the Temporary
Protected Status Program,” 67 Federal Register 61664-61667, October 1, 2002.
91 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; The White House (President Obama),
Office of the Press Secretary, “Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary
of Homeland Security, September 28, 2016.
92 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.
93 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.
94 The White House (President Obama), Office of the Press Secretary, “Deferred Enforced Departure for Liberians,”
presidential memorandum for the Secretary of Homeland Security, September 28, 2016.
95 The White House (President Trump), Office of the Press Secretary, “Expiration of Deferred Enforced Departure for
Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 27,
2018.
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was filed in federal court on March 8, 2019.96 Three days before the effective termination date,
President Trump—citing congressional efforts to provide longer-term relief for Liberians—
announced a 12-month extension of the wind-down period, to last through March 30, 2020.97 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 provision
(see next paragraph). On January 20, 2021, his first day in office, President Biden reinstated DED
for Liberians who had been covered by the prior DED grant.98 The current DED grant is for 18
months.
The 116th Congress incorporated Liberian Refugee Immigration Fairness (LRIF) provisions into
the FY2020 National Defense Authorization Act (NDAA). LRIF allows Liberians who have been
continuously present in the United States since November 2014 and their family members to
apply for LPR status. President Trump signed the FY2020 NDAA into law on December 20, 2019
(P.L. 116-92, Section 7611).99 The deadline for submitting LRIF applications was December 20,
2021.
Nepal
Nepal was devastated by a massive earthquake on April 25, 2015, killing over 8,000 people. The
earthquake and subsequent aftershocks demolished much of Nepal’s housing and infrastructure in
many areas. Over half a million homes were reportedly destroyed.100 On June 24, 2015, citing a
substantial but temporary disruption in living conditions as a result of the earthquake, then-DHS
Secretary Jeh Johnson designated Nepal for TPS for an 18-month period.101 TPS for Nepal was
extended for 18 months in October 2016.102 On April 26, 2018, then-Secretary Kirstjen Nielsen
announced her decision to terminate the TPS designation for Nepal, citing her assessment that the
original conditions under which the country was designated were no longer substantial and that
Nepal could adequately handle the return of its nationals.103 A 12-month delay of the termination
date to allow for an orderly transition was also announced; the TPS designation for Nepal was
96 Complaint, African Cmtys. Together v. Trump, No. 1:19-cv-10432 (D. Mass. Mar. 8, 2019).
97 The White House (President Trump), Office of the Press Secretary, “Extension of Deferred Enforced Departure for
Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, March 28,
2019.
98 The White House (President Biden), Office of the Press Secretary, “Reinstating Deferred Enforced Departure for
Liberians,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January 20,
2021.
99 Section 901 of the Consolidated Appropriations Act, 2021 (P.L. 116-260) extended by one year the deadline to apply
for LRIF (to December 20, 2021).
100 See CRS Report R44303, Nepal: Political Developments and U.S. Relations. For information on more recent
country conditions, see CRS In Focus IF10216, Nepal.
101 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nepal for Temporary
Protected Status,” 80 Federal Register 36346-36350, June 24, 2015.
102 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation
of Nepal for Temporary Protected Status,” 81 Federal Register 74470-74475, October 26, 2016.
103 U.S. Department of Homeland Security, “Secretary Kirstjen M. Nielsen Announcement on Temporary Protected
Status for Nepal,” press release, April 26, 2018, https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-
announcement-temporary-protected-status-nepal.
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thus set to terminate on June 24, 2019.104 The termination has not yet taken effect due to a legal
challenge.105
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.106
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.”107
Through 25 subsequent extensions or redesignations, Somalia has maintained TPS due to
insecurity and ongoing armed conflict that present serious threats to the safety of returnees. Most
recently, DHS Secretary Mayorkas extended Somalia’s designation for another 18 months
through March 17, 2023; at the same time, he redesignated Somalia, moving the cutoff date
forward and thereby allowing additional individuals who have been continuously residing in the
United States since July 19, 2021, to apply.108
Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.109
Citing both ongoing armed conflict and extraordinary and temporary conditions that would
prevent the safe return of Sudanese nationals, the Attorney General designated Sudan for TPS on
November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 15
times.
On July 9, 2011, South Sudan became a new nation.110 With South Sudan’s independence from
the Republic of Sudan, questions arose about whether nationals of the new nation would continue
to be eligible for TPS. In response, then-Secretary Napolitano designated South Sudan for TPS on
October 17, 2011.111 TPS has been extended or redesignated eight times since then due to ongoing
armed conflict and extraordinary and temporary conditions in South Sudan, including “ongoing
civil war marked by brutal violence against civilians, egregious human rights violations and
abuses, and a humanitarian disaster on a devastating scale across the country.”112 The latest
extension was for 18 months and expires on November 3, 2023.113 This extension was
104 Ibid.
105 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward.
106 See CRS In Focus IF10155, Somalia.
107 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.
108 United States Citizenship and Immigration Services, “Extension and Redesignation of Somalia for Temporary
Protected Status,” 86 Federal Register 38744-38753, July 22, 2021.
109 See CRS In Focus IF10182, Sudan.
110 See CRS In Focus IF10218, South Sudan.
111 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of
South Sudan for Temporary Protected Status,” 76 Federal Register 63629-63635, October 13, 2011.
112 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for
Temporary Protected Status,” 82 Federal Register 44205-44211, September 21, 2017.
113 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation
of South Sudan for Temporary Protected Status,” 87 Federal Register 12190-12201, March 3, 2022.
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accompanied by a redesignation, which allows nationals of South Sudan who have been
continuously residing in the United States since March 1, 2022, to apply for TPS.
Citing improved conditions in Sudan, including a reduction in violence and an increase in food
harvests, then-Acting DHS Secretary Duke announced in September 2017 that Sudan’s TPS
designation would expire on November 2, 2018.114 The termination has not yet taken effect due to
a legal challenge.115
On March 2, 2022, Secretary Mayorkas announced a new designation for Sudan based on
extraordinary and temporary conditions that prevent Sudanese from returning safely. The
announcement stated, “The recent military takeover of Sudan’s government has triggered political
instability, violence, and human rights abuses against civilians. A humanitarian crisis linked to
unprecedented floods; food and clean water shortages; violence between the communities of
Darfur, Blue Nile, and South Kordofan; and internal displacement is ongoing.”116 This new
designation is for 18 months and applies to nationals of Sudan who have been living in the United
States since March 1, 2022. This includes those who benefited from the previous TPS designation
for Sudan, which required continuous residence in the United States on or before January 9, 2013.
DHS estimates that approximately 3,090 individuals are eligible to file applications for TPS under
the designation of Sudan.117
Syria
The political uprising of 2011 in Syria grew into an intensely violent civil war that has led to 5.6
million Syrians fleeing the country and 6.2 million more internally displaced as of early 2020.118
On March 29, 2012, then-Secretary of Homeland Security Janet Napolitano designated Syria for
TPS through September 30, 2013, citing temporary extraordinary conditions that would make it
unsafe for Syrian nationals already in the United States to return to the country.119 In that initial
granting of TPS, Secretary Napolitano made clear that DHS would conduct full background
checks on Syrians registering for TPS.120 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,
2016.121 On January 31, 2018, then-Secretary Nielsen announced her decision to extend the TPS
designation for Syria for another 18 months, citing the ongoing armed conflict and extraordinary
114 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Termination of the
Designation of Sudan for Temporary Protected Status,” 82 Federal Register 47228-47234, October 11, 2017.
115 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Termination of Temporary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward.
116 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Sudan and Extends and Redesignates
South Sudan for Temporary Protected Status,” press release, March 2, 2022.
117 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Sudan for
Temporary Protected Status,” 87 Federal Register 23202-23210, April 19, 2022.
118 See CRS Report R43119, Syria: Overview of the Humanitarian Response; and CRS Report RL33487, Armed
Conflict in Syria: Overview and U.S. Response.
119 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab
Republic for Temporary Protected Status,” 61 Federal Register 19026-19030, March 29, 2012.
120 Secretary of Homeland Security Janet Napolitano, “Temporary Protected Status (TPS) for Syrian Nationals,” press
release, March 23, 2012, https://www.dhs.gov/ynews/releases/20120323-napolitano-statement-syria-tps.shtm.
121 Previously, Syrians who had arrived in the United States after January 5, 2015, were not eligible for TPS. The
redesignation allows Syrians that arrived between January 5, 2015, and August 1, 2016, to be eligible for TPS. U.S.
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.
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conditions that prompted the original designation.122 This announcement did not include a
redesignation; thus, Syrians who entered the United States after August 1, 2016, remained
ineligible.123 The Trump Administration issued another 18-month extension (without
redesignation) for Syria through March 31, 2021.124 On January 29, 2021, the Biden
Administration announced a redesignation and 18-month extension of Syria’s TPS. This action
enables eligible Syrian nationals to retain their TPS through September 2022 and allows
approximately 1,800 additional individuals to file initial applications to obtain such status.125
Ukraine
On February 24, 2022, Russia launched a full-scale attack on Ukraine.126 The United States and
its allies have condemned the invasion, and are imposing trade and financial sanctions on Russia
and enhancing their own military deterrence posture.127 The invasion has triggered massive
refugee flows to neighboring countries and led to millions of people being internally displaced.128
The United States is providing funding for humanitarian assistance.129
On March 3, 2022, DHS Secretary Mayorkas announced the designation of Ukraine for TPS for
18 months.130 DHS cited the armed conflict and extraordinary conditions that prevent Ukrainians
from returning safely to Ukraine. The announcement stated, “This invasion has caused a
humanitarian crisis with significant numbers of individuals fleeing and damage to civilian
infrastructure that has left many without electricity or water or access to food, basic supplies,
shelter, and emergency medical services.”131 DHS’s original announcement of TPS for Ukraine
stated that Ukrainian nationals who have continuously resided in the United States since March 1,
2022, and meet the other eligibility requirements may apply for TPS.132 However, in the Federal
Register Notice published on April 19, 2022, DHS moved the arrival cutoff date forward to April
11.133 Thus, Ukrainians who traveled to the United States between March 1 and April 11 are also
eligible to apply for TPS. DHS estimates that 59,600 Ukrainians are eligible to apply for TPS.
122 U.S. Department of Homeland Security, “Secretary of Homeland Security Kirstjen M. Nielsen Announcement On
Temporary Protected Status For Syria,” press release, January 31, 2018, https://www.dhs.gov/news/2018/01/31/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
123 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
Syria for Temporary Protected Status,” 83 Federal Register 9329-9336, March 5, 2018.
124 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
Syria for Temporary Protected Status,” 84 Federal Register 49751-49757, September 23, 2019.
125 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation
of Syria for Temporary Protected Status,” 86 Federal Register 14946-14952, March 19, 2021.
126 For more information, see CRS Insight IN11872, Russia’s Invasion of Ukraine: Military and Intelligence Issues and
Aspects.
127 For more information, see CRS Insight IN11869, Russia’s Invasion of Ukraine: Overview of U.S. and International
Sanctions and Other Responses; CRS In Focus IF12062, New Financial and Trade Sanctions Against Russia; and CRS
Insight IN11866, Russia’s Invasion of Ukraine: NATO Response.
128 See CRS Insight IN11882, Humanitarian and Refugee Crisis in Ukraine.
129 Ibid.
130 U.S. Department of Homeland Security, “Secretary Mayorkas Designates Ukraine for Temporary Protected Status
for 18 months,” press release, March 3, 2022.
131 Ibid.
132 Ibid.
133 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Ukraine for
Temporary Protected Status,” 8 Federal Register 23211-23218, April 19, 2022.
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Venezuela
Venezuela is in a deep crisis under the authoritarian rule of Nicolás Maduro. Narrowly elected in
2013 after the death of populist President Hugo Chávez, Maduro began a second term in January
2019 that is widely considered illegitimate.134 By most accounts, Maduro’s government has
mismanaged the economy and engaged in massive corruption, exacerbating the effects of a
decline in global oil prices and production on the country’s economy. Shortages in food and
medicine, declines in purchasing power, and a collapse of social services have created a
humanitarian crisis.135
During 2019, some Members of Congress and nonprofit organizations requested that the Trump
Administration designate Venezuela for TPS,136 and the House passed a bill (H.R. 549) that would
have designated Venezuela for TPS for 18 months.137 A Senate effort in July 2020 to pass H.R.
549 by unanimous consent failed. In response to a letter requesting TPS for Venezuela, the Acting
Director of USCIS stated that USCIS would not recommend any new countries for TPS “until
such time as federal courts resume following federal law,” referring to court decisions to enjoin
the Trump Administration’s terminations of TPS designations for several countries.138 The Trump
Administration never designated Venezuela for TPS. However, on his last full day in office,
President Trump granted DED for Venezuelans present in the United States as of January 20,
2021, asserting that the Maduro regime is responsible for “the worst humanitarian crisis in the
Western Hemisphere in recent memory.”139
The Biden Administration determined that Venezuela met the statutory conditions for a TPS
designation on the basis of extraordinary and temporary conditions. Unlike DED, designating
Venezuela for TPS allows those who qualify to obtain an immigration status and documentation
thereof; it also requires that the Administration reconsider country conditions on a periodic basis
and extend or terminate the status accordingly. On March 8, DHS Secretary Mayorkas announced
an 18-month TPS designation for Venezuela, citing the following factors:
economic contraction; inflation and hyperinflation; deepening poverty; high levels of
unemployment; reduced access to and shortages of food and medicine; a severely
weakened medical system; the reappearance or increased incidence of certain
communicable diseases; a collapse in basic services; water, electricity, and fuel shortages;
political polarization; institutional and political tensions; human rights abuses and
repression; crime and violence; corruption; increased human mobility and displacement
134 For more information, see CRS In Focus IF10230, Venezuela: Political Crisis and U.S. Policy.
135 Ibid.
136 See, for example, letter from 24 U.S. Senators to President Donald J. Trump, March 7, 2019,
https://www.durbin.senate.gov/imo/media/doc/March7%20Venezuela%20TPS%20Letter%20FINAL%20SIGNED.pdf;
and letter from 23 U.S. Representatives to Kevin McAleenan, acting Secretary of DHS, May 10, 2019,
https://www.uscis.gov/sites/default/files/document/foia/TPS_-_Venezuela_-_Representative_Mucarsel-Powell.pdf.
137 H.R. 549, 116th Congress.
138 Letter from Ken Cucinelli II, acting director, USCIS, to Leith Anderson, president, National Association of
Evangelicals, October 24, 2019, https://www.uscis.gov/sites/default/files/document/foia/TPS_-_Venezuela_-
_Anderson.pdf. For information on the TPS-related injunctions, see CRS Legal Sidebar LSB10215, Federal District
Court Enjoins the Department of Homeland Security from Terminating Temporary Protected Status.
139 The White House (President Trump), Office of the Press Secretary, “Deferred Enforced Departure for Certain
Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security, January
19, 2021.
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(including internal migration, emigration, and return); and the impact of the COVID-19
pandemic, among other factors.140
USCIS estimates that approximately 323,000 individuals are eligible to file applications for TPS
under the designation of Venezuela.141
Because Venezuela is currently designated for both TPS and DED, Venezuelans may apply for
work authorization pursuant to either type of relief.142 DHS encourages Venezuelans who are
eligible for both TPS and DED to apply for TPS since they may not qualify for TPS after DED
has expired.143
Yemen
On September 3, 2015, then-DHS Secretary Johnson designated Yemen for TPS through March 3,
2017, due to ongoing armed conflict in the country.144 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.”145 Since 2015, the war in Yemen has killed over 100,000 people, including
civilians as well 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.146
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, 2017.147 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.148 The Trump Administration twice
extended Yemen’s TPS designation for durations of 18 months each, but kept the arrival cutoff
date the same.149 In July 2021, the Biden Administration extended Yemen’s designation for 18
140 U.S. Department of Homeland Security, “Designation of Venezuela for Temporary Protected Status and
Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal
Register 13574-13581, March 9, 2021.
141 Ibid.
142 Those who are approved for work authorization pursuant to their TPS application are to receive an employment
authorization document (EAD) valid through September 9, 2022; if Venezuela’s TPS designation is subsequently
extended, such an EAD would be eligible for renewal. Venezuelans who are approved for an EAD pursuant to DED
will receive an EAD valid through July 20, 2022; if the President does not extend Venezuela’s DED, such an EAD
would expire on July 20, 2022.
143 In limited circumstances, an individual may apply for TPS after the initial registration period has ended. See 8
C.F.R. §244.2(f)(2).
144 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of the Republic
of Yemen for Temporary Protected Status,” 80 Federal Register 53319-53323, September 3, 2015.
145 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DHS Announces Temporary
Protected Status Designation for Yemen,” press release, September 3, 2015, https://www.uscis.gov/news/dhs-
announces-temporary-protected-status-designation-yemen.
146 See CRS Report R43960, Yemen: Civil War and Regional Intervention.
147 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.
148 Ibid.
149 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; U.S. Department of
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months and, at the same time, redesignated the country, thereby allowing additional individuals
who have been continuously residing in the United States since July 5, 2021, to apply.150
State of Residence of TPS Recipients
Individuals with TPS reside in all 50 states, the District of Columbia, and U.S. territories. The
largest populations live in traditional immigrant gateway states: Florida, California, Texas, and
New York. In addition, six other states had at least 10,000 TPS recipients as of February 2022:
Maryland, Virginia, New Jersey, Massachusetts, North Carolina, and Georgia. See Figure 1 and
Table A-1.
Figure 1. Individuals with Temporary Protected Status by State of Residence
Source: CRS presentation of data provided by USCIS.
Notes: These data reflect the number of individuals (rounded to the nearest five) with an approved TPS
application as of February 16, 2022, who had not obtained LPR status or U.S. citizenship. The data may include
individuals who have moved to another state, left the country, or died since their last TPS approval, and do not
necessarily include all nationals from the specified countries who are in the United States and are eligible for the
status.
Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation of Yemen for
Temporary Protected Status,” 85 Federal Register 12313-12319, March 2, 2020.
150 United States Citizenship and Immigration Services, “Extension and Redesignation of Yemen for Temporary
Protected Status,” 86 Federal Register 36295-36302, July 9, 2021.
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Adjustment of Status
A grant of TPS does not provide a recipient with a designated pathway to LPR status; however, a
TPS recipient is not barred from acquiring nonimmigrant or immigrant status if he or she meets
the requirements.151 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 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.
Over the years, Congress has provided for the adjustment to LPR status for groups of nationals
who had been given TPS or DED. In 1992, Congress enacted legislation allowing Chinese
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 (some of whom were covered by TPS), and
nationals of the former Soviet bloc who had applied for asylum and had been living in the United
States for a certain period of time. The 116th Congress incorporated Liberian Refugee
Immigration Fairness provisions into the FY2020 National Defense Authorization Act; it allows
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, §7611).
Other legislation to allow persons with TPS to adjust to LPR status received action in past
Congresses; this legislation was not enacted. For instance, the Senate-passed comprehensive
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.152
Legislative Activity in the 117th Congress
Various bills related to TPS and DED have been introduced in the 117th Congress.153 These
include bills that would add new designations for TPS154 (e.g., Venezuela and Hong Kong), make
TPS and DED recipients eligible for federal financial aid for higher education,155 and provide for
adjustment to LPR status for certain TPS and DED recipients.156 Other bills introduced in the
151 To adjust to LPR status, an individual generally must have been “inspected and admitted or paroled” into the United
States (INA §245(a), 8 U.S.C. §1255(a)). In recent years, some federal courts have addressed whether aliens who
unlawfully entered the United States but later received TPS are considered to be “inspected and admitted” into the
United States. Circuit courts were split on this issue. On June 7, 2021, the Supreme Court ruled unanimously that TPS
does not constitute an admission. For more information, see CRS Legal Sidebar LSB10607, Supreme Court: Unlawful
Entrants with Temporary Protected Status Cannot Adjust to Lawful Permanent Resident Status.
152 See archived CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in
Senate-Passed S. 744.
153 The bills described in this section are those that were identified by CRS by searching congress.gov using the
following terms: “temporary protected status,” “8 U.S.C. 1254a,” and “deferred enforced departure.” Bills that mention
TPS or DED only in “Findings” sections are not discussed.
154 See, for example, H.R. 161, S. 50, H.R. 2064, H.R. 3524, H.R. 4276, H.R. 4521, H.R. 5564, H.R. 6095, and H.R.
6892.
155 See, for example, H.R. 4502, H.R. 4815, and H.R. 5376.
156 See, for example, S. 264, S. 306, H.R. 1177, S. 348, H.R. 6, H.R. 1603, S. 747, H.R. 1909, H.R. 2064, and H.R.
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117th Congress seek to limit TPS by making ineligible individuals who are members of criminal
gangs157 or who lack a lawful immigration status, 158 terminating an individual’s TPS if they fail
to show up for a removal proceeding,159 or transferring authority from DHS to Congress to
designate foreign states.160
Two bills that would provide LPR status to certain TPS recipients passed the House in the 117th
Congress. Title II of the American Dream and Promise Act of 2021 (H.R. 6) would allow
individuals who were eligible for TPS as of January 1, 2017, or DED as of January 20, 2021, and
who accumulate three years of continuous presence in the United States to become LPRs. These
provisions would apply to nationals of 14 countries. H.R. 6 also includes a provision (§203) that
would clarify that TPS recipients are considered “inspected and admitted” for purposes of
adjustment to LPR status.161 The Farm Workforce Modernization Act of 2021 (H.R. 1603) would
establish a process for certain farm workers in the United States to obtain a legal temporary status
and then LPR status. TPS and DED recipients who met the farm work and other requirements
under the bill would be eligible. H.R. 6 and H.R. 1603 passed the House on March 18, 2021. The
Senate Judiciary Committee held a hearing on H.R. 6 on June 15, 2021, but no further action has
been taken on these two bills as of the cover date of this report.
The House passed two other bills that contain TPS provisions. An appropriations bill that passed
the House on July 29, 2021 (H.R. 4502) would have made TPS and DED recipients eligible for
federal financial aid for higher education. The related Consolidated Appropriations Act of 2022,
which became law on March 15, 2022 (P.L. 117-103), did not include this provision. The America
COMPETES Act of 2022 (H.R. 4521), as passed by the House on February 4, 2022, would
designate Hong Kong for TPS for a period of 18 months. The version passed by the Senate on
March 28, 2022, based on the text of S. 1260, does not contain TPS provisions. As of the cover
date of this report, the House and Senate are resolving differences.
6637.
157 See, for example, H.R. 71, H.R. 1995, and S. 1056.
158 See, for example, H.R. 7356.
159 See, for example, S. 1007.
160 See, for example, H.R. 7356.
161 For more information, see CRS Legal Sidebar LSB10607, Supreme Court: Unlawful Entrants with Temporary
Protected Status Cannot Adjust to Lawful Permanent Resident Status.
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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
800
Nevada
3,120
Alaska
55
New Hampshire
290
Arizona
1,195
New Jersey
15,110
Arkansas
2,730
New Mexico
310
California
53,840
New York
41,460
Colorado
2,640
North Carolina
12,665
Connecticut
2,330
North Dakota
70
Delaware
655
Ohio
1,990
District of Columbia
2,555
Oklahoma
850
Florida
65,100
Oregon
640
Georgia
11,210
Pennsylvania
2,550
Hawaii
60
Rhode Island
630
Idaho
150
South Carolina
1,635
Il inois
3,610
South Dakota
190
Indiana
2,525
Tennessee
2,930
Iowa
1,130
Texas
46,105
Kansas
1,000
Utah
1,640
Kentucky
835
Vermont
35
Louisiana
1,670
Virginia
22,045
Maine
155
Washington
1,900
Maryland
22,570
West Virginia
160
Massachusetts
13,250
Wisconsin
570
Michigan
1,225
Wyoming
40
Minnesota
2,225
U.S. Virgin Islands
530
Mississippi
370
Puerto Rico
120
Missouri
1,060
Northern Mariana Islands
35
Montana
15
Other/Unknown
720
Nebraska
1,345
Total
354,625
Source: Data provided to CRS by USCIS.
Notes: These data reflect individuals (rounded to the nearest five) with TPS as of February 16, 2022, who had
not obtained LPR status or U.S. citizenship. The data may include individuals who have left the country or died
since their last TPS approval, and do not necessarily include all nationals from the specified countries who are in
the United States and are eligible for the status. “Other” includes Federated States of Micronesia, Guam,
Marshall Islands, and the Armed Forces.
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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
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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
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Congressional Research Service
RS20844 · VERSION 63 · UPDATED
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