Temporary Protected Status and Deferred Enforced Departure

Temporary Protected Status and Deferred
April 9, 2021
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. Congress has also provided TPS legislatively. 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.
As of March 11, 2021, approximately 320,000 foreign nationals living in the United States were protected by TPS. They are
from 10 countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. In
March 2021, the Biden Administration designated two more countries for TPS: Venezuela and Burma. The Trump
Administration terminated TPS for six countries—El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan—but these
terminations have not taken effect due to litigation. Certain Liberians and Venezuelans currently maintain relief under a
similar administrative mechanism known as Deferred Enforced Departure (DED).
Multiple measures related to TPS were introduced in the 116th Congress. They included provisions to add new TPS
designations (e.g., Venezuela or Hong Kong) and prohibit gang members or those without lawful status from receiving 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. Legislation to provide such a pathway
passed the House in the 116th Congress. A provision to allow Liberians who had been continuously present in the United
States since 2014 to apply for LPR status was enacted in December 2019 as part of the FY2020 National Defense
Authorization Act. In the 117th Congress, legislation (H.R. 6 and H.R. 1603) that would provide a pathway to LPR status for
TPS and DED recipients has 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................................................................................... 5
Countries.................................................................................................................. 7
Burma ................................................................................................................ 7
Central American Countries ................................................................................... 8
Haiti ................................................................................................................... 9
Liberia.............................................................................................................. 11
Nepal ............................................................................................................... 12
Somalia ............................................................................................................ 13
Sudan and South Sudan ....................................................................................... 13
Syria ................................................................................................................ 14
Venezuela.......................................................................................................... 15
Yemen .............................................................................................................. 16
State of Residence of TPS Recipients ............................................................................... 17
Adjustment of Status ..................................................................................................... 18
Selected Legislative Activity in the 116th and 117th Congresses............................................. 18


Figures
Figure 1. Individuals with Temporary Protected Status by State of Residence ......................... 17

Tables
Table 1. Countries Currently Designated for TPS ................................................................. 6
Table 2. Countries Currently Under a DED Grant................................................................. 7

Table A-1. Individuals with Temporary Protected Status by State of Residence ....................... 20

Appendixes
Appendix. .................................................................................................................... 20

Contacts
Author Information ....................................................................................................... 21

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Temporary Protected Status: Overview and Current Issues

Background
Federal law provides that al aliens1 attempting to enter the United States must do so pursuant to
the Immigration and Nationality Act (INA). The INA al ows for the admission of (1) immigrants,
who are admitted to the United States permanently, and (2) nonimmigrants, who are admitted for
temporary durations and specific purposes (e.g., students, tourists, temporary workers, or business
travelers). Foreign nationals who lack lawful immigration status general y fal into three
categories: (1) those who are admitted legal y and then overstay their nonimmigrant visas, (2)
those who enter the country surreptitiously without inspection, and (3) those who are admitted on
the basis of fraudulent documents. In al three instances, the aliens are in the United States in
violation of the INA and subject to removal.
The executive branch has discretion to grant temporary reprieves from removal to aliens present
in the United States in violation of the INA.2 Temporary Protected Status (TPS), codified in INA
Section 244,3 provides temporary relief from removal and work authorization to foreign
nationals—regardless of their immigration status—in the United States from countries
experiencing armed conflict, natural disaster, or other extraordinary circumstances that prevent
their safe return. This report begins by situating TPS in the context of humanitarian responses to
migration. Another form of blanket relief4 from removal—Deferred Enforced Departure (DED)—
is also described, as is the historical use of these relief mechanisms. This report then provides
data on each of the countries currently designated for TPS, including the conditions that have
contributed to their designation. Past legislation to provide lawful permanent resident (LPR)
status to certain TPS-designated foreign nationals is also described. The report concludes with a
discussion of legislative activity in the 116th and 117th Congresses related to TPS.
Humanitarian Response
As a State Party to the 1967 United Nations Protocol Relating to the Status of Refugees (U.N.
Protocol),5 the United States agrees to the principle of nonrefoulement, which asserts that a
refugee should not be returned to a country where he or she faces serious threats to his or her life
or freedom on account of race, religion, nationality, membership in a particular social group, or
political opinion. (This is now considered a rule of customary international law.) Nonrefoulement
is embodied in several provisions of U.S. immigration law. Most notably, it is reflected in INA

1 Alien is the term used in law and is defined as anyone who is not a citizen or national of the United States. A U.S.
national is a person owing permanent allegiance to the United States and includes citizens. Noncitizen nat ionals are
individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United
States. In this report, the terms alien and foreign national are used interchangeably.
2 For more information, see CRS Report R45158, An Overview of Discretionary Reprieves from Removal: Deferred
Action, DACA, TPS, and Others
.
3 8 U.S.C. §1254a.
4 T he term blanket relief in this report refers to relief from removal that is administered to a group of individuals based
on their ties to a foreign country; this stands in contrast to asylum, which is a form of relief administered on a case-by-
case basis to individuals based on their personal circumstances.
5 T he 1951 United Nations Convention Relating to the Status of Refugees, which was amended by its 1967 Protocol,
defines who is a refugee and sets out the legal, social, and other kinds of protections that refugees and those seeking
asylum are entitled to receive. It also states the responsibilities of nations that grant asylum. United Nations High
Commission for Refugees, Convention Relating to the Status of Refugees and Its 1967 Protocol, Geneva, Switzerland,
http://www.unhcr.org/en-us/about-us/background/4ec262df9/1951-convention-relating-status-refugees-its-1967-
protocol.html.
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provisions requiring the government to withhold the removal of a foreign national to a country in
which his or her life or freedom would be threatened on the basis of race, religion, nationality,
membership in a particular social group, or political opinion.6
The definition of a refugee in the INA, which is consistent with the U.N. Protocol, specifies that a
refugee is a person who is unwil ing or unable to return to his/her country of nationality or
habitual residence because of persecution or a wel -founded fear of persecution on account of
race, religion, nationality, membership in a particular social group, or political opinion.7 This
definition also applies to individuals seeking asylum. Under the INA, refugees and asylees differ
on the physical location of the persons seeking the status: those abroad apply for refugee status
while those in the United States or at a U.S. port of entry apply for asylum.8 Those admitted as
refugees or granted asylum can apply for LPR status after one year.
Other foreign nationals in the United States who 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.9 It is the statutory embodiment of safe haven for
foreign nationals within the United States10 who may not qualify for asylum but are nonetheless
fleeing—or reluctant to return to—potential y dangerous situations. TPS was established by
Congress as part of the Immigration Act of 1990 (P.L. 101-649). The statute gives the Secretary
of the Department of Homeland Security (DHS),11 in consultation with other government
agencies (most notably the Department of State), the authority to designate a country for TPS
under one or more of the following conditions:
(1) ongoing armed conflict in a foreign state that poses a serious threat to personal safety;
(2) a foreign state request for TPS because it temporarily cannot handle the return of its
nationals due to an environmental disaster; or
(3) extraordinary and temporary conditions in a foreign state that prevent its nationals from
safely returning.
A foreign state may not be designated for TPS if the Secretary of DHS finds that al owing its
nationals to temporarily stay in the United States is against the U.S. national interest.12

6 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)).
7 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.
8 See CRS Report R45539, Immigration: U.S. Asylum Policy; and CRS Report RL31269, Refugee Admissions and
Resettlem ent Policy
.
9 T he 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.
10 Foreign nationals outside the United States are not eligible to apply for T PS.
11 When T PS was enacted in 1990, most immigration-related functions, including designating countries for T PS, fell
under the authority of the Attorney General. With the creation of the Department of Homeland Security in 2002 ( P.L.
107-296), most of the Attorney General’s immigration -related authority transferred to the Secretary of DHS as of
March 1, 2003.
12 INA §244(b)(1) (8 U.S.C. §1254a(b)(1)).
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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.13 Each
designation specifies the date by which individuals must have continuously resided in the United
States in order to qualify.14 If a designation is extended, the arrival date may be moved forward in
order to al ow those who arrived later to qualify, an action referred to as redesignation.15
To obtain TPS, nationals16 of foreign countries designated for TPS must pay specified fees17 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).18 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.19 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.20 They
may be deemed ineligible for public assistance by a state; they may travel abroad with the prior
consent of the DHS Secretary.21 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.22 DHS has indicated that information it collects when an
individual registers for TPS may be used to enforce immigration law or in any criminal
proceeding.23 In addition, withdrawal of an alien’s TPS may subject the alien to exclusion or
deportation proceedings.24

13 T here is no limit on the number of extensions a country can receive.
14 T his date is typically the same or very near to the date of the designation announcement.
15 Redesignation is not defined in law; it also refers to cases in which a country is designated for T PS for a different or
additional reason than previously designated (e.g., initially designated on the basis of armed conflict, and subsequently
designated on the basis of a natural disaster).
16 In addition to nationals of designated countries, T PS 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)).
17 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.
18 See 8 C.F.R. §244.9 for details on evidence that must be submitted.
19 Section 212 of the INA specifies broad grounds on which foreign nationals are considered ineligible to receive visas
and ineligible to be admitted to the United States. Section 244(c)(2) in the T PS statute lists which of these grounds of
inadm issibility
may be waived and which may not be waived.
20 INA §244(a)(1)(A), (a)(1)(B), (d)(4) (8 USC §1254a (a)(1)(A), (a)(1)(B), (d)(4)).
21 INA §244(f) (8 U.S.C. §1254a(f)).
22 For purposes of adjustment to lawful permanent resident status or a change to a nonimmigrant status, an alien granted
T PS is considered as being in and maintaining “ lawful status as a nonimmigrant” during the period in which the alien is
granted T PS. INA §244(f)(4) (8 U.S.C. §1254a(f)(4)).
23 8 C.F.R. §244.16.
24 8 C.F.R. §244.14.
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Deferred Enforced Departure
In addition to TPS, there is another form of blanket relief from removal known as deferred
enforced departure (DED),25 formerly known as extended voluntary departure (EVD).26 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 six countries (see “Historical Use of Blanket Relief”). Liberia and Venezuela are
currently granted DED.
DED and EVD have been used on country-specific bases to provide relief from removal at the
President’s discretion, usual y in response to war, civil unrest, or natural disasters.27 When
Presidents grant DED through an executive order or presidential memorandum, they general y
provide eligibility guidelines and direct the Secretary of Homeland Security to al ow 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.28 Instead, DED is triggered when a protected individual is
identified for removal.
Historical Use of Blanket Relief
In 1990, when Congress enacted the TPS statute, it also granted TPS for 18 months to Salvadoran
nationals who were residing in the United States. Since then, the Attorney General (and later, the
Secretary of DHS), in consultation with the Secretary of State, granted and subsequently
terminated TPS for foreign nationals in the United States from the following countries: Angola,
Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau, the Kosovo Province of Serbia, Kuwait,
Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.29

25 DED is not to be confused with deferred action, which the Department of Homeland Security defines as “a
discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.” For more
information, see CRS Report R45158, An Overview of Discretionary Reprieves from Rem oval: Deferred Action,
DACA, TPS, and Others
and CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation .
26 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.
27 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); T he 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; T he White House (President T rump), Office of the P ress Secretary, “ Deferred Enforced Departure
for Certain Venezuelans,” presidential memorandum for the Secretary of State and the Secretary of Homeland Security,
January 19, 2021.
28 In general, the President directs executive agencies to implement procedures to provide DED and related benefits,
such as employment authorization. See, for example, U.S. Department of Homeland Security, U.S. Citizenship and
Immigration Services, Tem porary Protected Status (TPS) and Deferred Enforced Departure (DED) ,
https://www.uscis.gov/sites/default/files/USCI S/Abo ut%20Us/Electronic%20Reading%20Room/
Customer%20Service%20Reference%20Guide/T empProtectedStatus.pdf.
29 For a current and historical list of T PS designations by country and links to Federal Register announcements, see
U.S. Department of Justice, Executive Office for Immigration Review, Tem porary Protected Status,
https://www.justice.gov/eoir/temporary-protected-status. For a graph showing effective dates, bases for designation,
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Rather than extending the initial Salvadoran TPS when it expired in 1992, President George H.
W. Bush granted DED to an estimated 190,000 Salvadorans through December 1994. President
Bush also granted DED to about 80,000 Chinese nationals in the United States following the
Tiananmen Square massacre in June 1989, and these individuals retained DED status through
January 1994.30 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 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.31 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.32 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).33
Current TPS and DED Designations
As of March 11, 2021, approximately 320,000 foreign nationals from the following 10 countries
were protected by TPS: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan,
Sudan, Syria, and Yemen.34 Two more countries were designated for TPS since President Biden
took office: Venezuela on March 8, 2021, and Burma on March 12, 2021, each for 18 months.
DHS estimates that 323,000 Venezuelans and 1,600 Burmese nationals could be eligible to apply
for TPS under these designations.35

and types of T PS decisions for FY1990–FY2019, see U.S. Government Accountability Office, Tem porary Protected
Status: Steps Taken to Inform and Communicate Secretary of Homeland Security’s Decision s
, GAO-20-134, April
2020, p. 11, https://www.gao.gov/assets/gao-20-134.pdf.
30 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).
31 T he Nicaraguan Adjustment and Central American Relief Act (NACARA) (T itle II of P.L. 105-100) was enacted in
1997 and provided eligibility for LPR status to certain Nicaraguans, Cubans, Guatemalans, Salvadorans, and nationals
of the former Soviet bloc. President Clinton, among others, argued that Haitians deserv ed similar statutory treatment.
T he Haitian Refugee Immigration Fairness Act (HRIFA) (P.L. 105-277) was enacted in 1998, allowing certain Haitian
nationals who were in the United States before December 31, 1995 to adjust to LPR status. For more information, see
archived CRS Report RS21349, U.S. Im m igration Policy on Haitian Migrants.
32 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.
33 T he White House (President T rump), 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; T he White House (President T rump), 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. T he White House (President T rump), 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.
34 T his number is lower than what was reported in prior versions of this report due to the fact that USCIS recently
provided data on individuals with T PS only, while prior data releases included individuals with both T PS and a
permanent status (i.e., LPR status or citizenship).
35 U.S. Citizenship and Immigration Services, “Designation of Venezuela for T emporary Protected Status and
Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal
Register
13574-13581, March 9, 2021. U.S. Department of Homeland Security, “ Secretary Mayorkas Designates
Burma for T emporary Protected Status,” press release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/
secretary-mayorkas-designates-burma-temporary-protected-status; Michele Kelemen, “ U.S. Offers Protected Status For
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The Trump Administration terminated TPS for six countries (El Salvador, Haiti, Honduras, Nepal,
Nicaragua, and Sudan). Several lawsuits were filed chal enging the terminations; as a result, the
terminations have not yet taken effect.36
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 March 11, 2021.37
Table 1. Countries Currently Designated for TPS

Most Recent
Required Arrival
Individuals
Country
Decision
Datea
Expiration Dateb
with TPSc
Burma
Initial designation
March 11, 2021
September 12, 2022
N/Ad
El Salvador
Termination*
February 13, 2001
September 9, 2019
198,420
Haiti
Termination*
January 12, 2011
July 22, 2019
40,865
Honduras
Termination*
December 30, 1998
January 5, 2020
60,350
Nepal
Termination*
June 24, 2015
June 24, 2019
10,160
Nicaragua
Termination*
December 30, 1998
January 5, 2019
3,200
Somalia
Extension
May 1, 2012
September 17, 2021
385
South Sudan
Extension
January 25, 2016
May 2, 2022
80
Sudan
Termination*
January 9, 2013
November 2, 2018
550
Syria
Extension and
March 19, 2021
September 30, 2022
3,945
redesignation
Venezuela
Initial designation
March 8, 2021
September 9, 2022
N/Ad
Yemen
Extension
January 4, 2017
September 3, 2021
1,385
Total



319,465
Sources: CRS compilation of information from Federal Register announcements or press releases; numbers
provided to CRS by USCIS.
Note: *Due to legal chal enges, the termination has not yet taken effect. Numbers 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 re-designated 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.

People From Myanmar As Coup Leaders Crack Down,” National Public Radio, March 12, 2021 .
36 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward
.
37 Prior USCIS data on T PS recipients included some individuals who also had LPR status and some who had become
naturalized U.S. citizens. USCIS recently published data on T PS recipients who do not have LPR status or U.S.
citizenship. T hus, the numbers used in this report are lower than those in prior versions of this report and more
accurately reflect those who rely on T PS to remain in the United States.
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c. These data reflect the number of individuals (rounded to the nearest five by USCIS) with an approved TPS
application as of March 11, 2021, 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 al
nationals from the specified countries who are in the United States and are eligible for the status.
d. Because the application period just began, data are not yet available.
In addition to the countries designated for TPS, certain nationals from Liberia and Venezuela are
covered under a grant of DED (see the “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.
Table 2. Countries Currently Under a DED Grant
Country
Required Arrival Datea
Expiration Dateb
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
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 international y as a blow to
Burma’s partial transition from military rule to democracy.38 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.”39 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.”40

38 CRS Insight IN11594, Coup in Burma (Myanmar): Issues for U.S. Policy.
39 Department of Homeland Security, “Secretary Mayorkas Designates Burma for T emporary Protected Status,” press
release, March 12, 2021, https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-
protected-status.
40 Ibid.
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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.41
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.42 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.43 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.44
Over the years, the George W. Bush Administration and the Obama Administration extended TPS
for Central Americans from El Salvador, Honduras, and Nicaragua on the rationale that it was stil
unsafe for their nationals to return due to the disruption of living conditions from environmental
disasters.
Beginning in late 2017, the Trump Administration announced decisions to terminate TPS for
Nicaragua and El Salvador and to put on hold a decision about Honduras. In November 2017,
DHS announced that TPS for Nicaragua would end on January 5, 2019—12 months after its last
designation would have expired—due to “recovery efforts relating to Hurricane Mitch [that] have
largely been completed.”45 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.46 On May 4, 2018, DHS announced its decision to terminate
the TPS designation for Honduras, with an 18-month delay (until January 5, 2020) to al ow for an

41 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 T o
Myanmar Nationals Amid Coup Chaos,” Forbes, March 12, 2021.
42 For historical analysis, see archived CRS Report IB87205, Immigration Status of Salvadorans and Nicaraguans
(available to congressional clients upon request).
43 U.S. Department of Justice, Immigration and Naturalization Service, “T he Designation of Honduras Under
T emporary Protected Status,” 64 Federal Register 524-526, January 5, 1999; U.S. Department of Justice, Immigration
and Naturalization Service, “T he Designation of Nicaragua Under T emporary Protected Status,” 64 Federal Register
526-528, January 5, 1999.
44 U.S. Department of Justice Immigration and Naturalization Service, “T he Designation of El Salvador Under
T emporary Protected Status,” 66 Federal Register 14214-14216, March 9, 2001.
45 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of the Designation
of Nicaragua for T emporary Protected Status,” 82 Federal Register 59636-59642, December 15, 2017.
46 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Honduras for T emporary Protected Status,”82 Federal Register 59630-59636, December 15, 2017.
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orderly transition.47 The terminations for Nicaragua and Honduras are on hold due to a legal
chal enge.48
On January 8, 2018, DHS announced its decision to terminate TPS for El Salvador—whose
nationals account for about 60% of al current TPS recipients—after an 18-month transition
period. El Salvador’s TPS designation was scheduled to end on September 9, 2019,49 but the
termination has not yet taken effect due to a legal chal enge.50 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 October
4, 2021, for individuals from El Salvador, Nicaragua, Honduras, and other specified countries.51)
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.”52 These actions do not equate to a TPS extension, as defined in statute.53
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.54 Opponents have argued that ending the TPS
designations for these countries is consistent with its original intent—to provide temporary safe
haven.
Haiti
The devastation caused by the January 12, 2010, earthquake in Haiti prompted cal s for the
Obama Administration to grant TPS to Haitian nationals in the United States.55 The scale of the

47 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
T emporary Protected Status for Honduras,” press release, May 4, 2018, https://www.dhs.gov/news/2018/05/04/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
48 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward
.
49 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement on
T emporary Protected Status for El Salvador,” press release, January 8, 2018, https://www.dhs.gov/news/2018/01/08/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
50 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward
.
51 For more information, see Department of Homeland Security, U.S. Citizenship and Immigration Services,
“Continuation of Documentation for Beneficiaries of T emporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal,” 85 Federal Register 79208-79215, December 9, 2020.
52 U.S. Department of Homeland Security, “ U.S. and El Salvador Sign Arrangements on Security and Information
Sharing; Give Salvadorans with T PS More T ime,” press release, October 28, 2019, https://www.dhs.gov/news/2019/10/
28/us-and-el-salvador-sign-arrangements-security-information-sharing-give-salvadorans.
53 See INA §244(b)(3) (8 U.S.C. §1254a(b)(3)).
54 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.
55 T he issue of Haitian T PS had arisen several times prior, most notably after the U.S. Ambassador declared Haiti a
disaster in September 2004 due to the magnitude of the effects of T ropical Storm Jeanne. A series of tropical cyclones
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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, 2010.56 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.”57
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.58
DHS extended the TPS designation for Haiti in May 2011, providing another 18 months of TPS,
through January 22, 2013.59 At the same time, DHS issued a redesignation, enabling eligible
Haitian nationals who had arrived in the United States up to one year after the earthquake to
receive TPS. The redesignation targeted individuals who were al owed to enter the United States
immediately after the earthquake on temporary visas or humanitarian parole,60 but were not
covered by the initial TPS designation.61 Subsequently, then-Secretary Jeh Johnson extended
Haiti’s designation several more times, through July 22, 2017.62
A May 2, 2017, letter from members of the Congressional Black Caucus to then-DHS Secretary
John Kel y urged another 18-month extension of TPS for Haiti, citing continued recovery
difficulties from the 2010 earthquake that kil ed over 300,000 people, an ongoing cholera
epidemic, and additional damages from Hurricane Matthew in 2016.63 On May 24, 2017, former
Secretary Kel y extended Haiti’s TPS designation for six months (the minimum al owed by
statute), from its planned expiration on July 22, 2017, to January 22, 2018, and encouraged
beneficiaries to prepare to return to Haiti should its designation be terminated after six months.64
An October 4, 2017, letter from the Haitian ambassador to then-Acting DHS Secretary Elaine

in 2008 resulted in hundreds of deaths and led some to label the city of Gonaives uninhabitable. T he George W. Bush
Administration did not grant T PS or another form of blanket relief to Haitians, nor was legislation enacted that would
have provided T PS to Haitians, such as H.R. 522 in the 110th Congress. For background information on Haitian
migration to the United States, see archived CRS Report RS21349, U.S. Im m igration Policy on Haitian Migrants.
56 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Haiti for
T emporary Protected Status,” 75 Federal Register 3476-3479, January 21, 2010.
57 U.S. Department of Homeland Security, “Statement from Secretary Janet Napolitano,” press release, January 15,
2010.
58 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial
Registration Period for Haitians under the T emporary Protected Status Program,” 75 Federal Register 39957, July 13,
2010.
59 U.S. Department of Homeland Security, “Secretary Napolitano Announces Extension of T emporary Protected Status
for Haitian Beneficiaries,” press release, May 17, 2011.
60 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, Im m igration Parole.
61 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Re -designation
of Haiti for T emporary Protected Status,” 76 Federal Register 29000-29004, May 19, 2011.
62 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for T emporary Protected Status,” 80 Federal Register 51582-51588, August 25, 2015.
63 For conditions following Hurricane Matthew, see CRS In Focus IF10502, Haiti: Cholera, the United Nations, and
Hurricane Matthew
.
64 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Haiti for T emporary Protected Status,” 82 Federal Register 23830-23837, May 24, 2017.
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Duke requested that Haiti’s designation be extended for an additional 18 months.65 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, 2019,66 but the termination has not yet
taken effect due to legal chal enges.67
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 2000.68 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.69 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.70
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.71 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.”72 Similar termination
notices were issued for Sierra Leone and Guinea.
For a special y designated population of Liberians who had been residing in the United States
since October 2002, their DED status was extended by President Obama through March 31,
2018.73 President Trump announced on March 27, 2018, that extending DED again for these

65 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.
66 U.S. Department of Homeland Security, “ Acting Secretary Elaine Duke Announcement On T emporary Protected
Status For Haiti,” press release, November 20, 2017, https://www.dhs.gov/news/2017/11/20/acting-secretary-elaine-
duke-announcement -temporary-protected-status-haiti.
67 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward
.
68 See archived CRS Report RL32243, Liberia: Transition to Peace.
69 U.S. Department of Justice, Immigration and Naturalization Service, “Designation of Liberia Under the T emporary
Protected Status Program,” 67 Federal Register 61664-61667, October 1, 2002.
70 See, for example, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Filing
Procedures and Automatic Extension of Employment Authorization and Related Documentation for Liberians Provided
Deferred Enforced Departure,” 75 Federal Register 15715, March 30, 2010; T he White House (President Obama),
Office of the Press Secretary, “Deferred Enforced Departure for Liberians,” presidential memorandum for the Secretary
of Homeland Security, September 28, 2016 .
71 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Liberia for
T emporary Protected Status,” 79 Federal Register 69502-69502, November 21, 2014; and U.S. Department of
Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Initial Registration Period for
Guinea, Liberia and Sierra Leone for T emporary Protected Status,” 80 Federal Register, Number 122, 36551-36552,
June 25, 2015.
72 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Six -Month Extension of
T emporary Protected Status Benefits for Orderly T ransition Before T ermination of Liberia’s Designation for
T emporary Protected Status,” 81 Federal Register 66059-66064, September 26, 2016.
73 T he White House (President Obama), Office of the Press Secretary, “Deferred Enforced Departure for Liberians,”
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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.74 A lawsuit chal enging the termination
was filed in federal court on March 8, 2019.75 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, 2020.76 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). Approximately 589 Liberians have approved employment authorization
documents (EADs) under this DED directive.77 This number does not reflect al Liberians who
might be covered under this DED announcement—only those who applied for and received an
EAD.78 On January 20, 2021, his first day in office, President Biden reinstated DED for Liberians
who had been covered by the prior DED grant.79 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 al ows Liberians who have been
continuously present in the United States since November 2014 and their family members to
apply for LPR status. President Trump signed the FY2020 NDAA into law on December 20, 2019
(P.L. 116-92, Section 7611).80
Nepal
Nepal was devastated by a massive earthquake on April 25, 2015, kil ing over 8,000 people. The
earthquake and subsequent aftershocks demolished much of Nepal’s housing and infrastructure in
many areas. Over half a mil ion homes were reportedly destroyed.81 On June 24, 2015, citing a
substantial but temporary disruption in living conditions as a result of the earthquake, then-DHS
Secretary Johnson designated Nepal for TPS for an 18-month period.82 TPS for Nepal was

presidential memorandum for the Secretary of Homeland Security, September 28, 2016.
74 T he White House (President T rump), 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.
75 Complaint, African Cmtys. T ogether v. T rump, No. 1:19 -cv-10432 (D. Mass. Mar. 8, 2019).
76 T he White House (President T rump), 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.
77 Numbers provided to CRS by USCIS and represent individuals with a valid EAD as of February 4, 2020.
78 Individuals who benefit from DED are not required to register for the status with USCIS unless they are applying for
work authorization. In its February 25, 2021 webinar, “ Liberian Refugee Immigration Fairness (LRIF) and Deferred
Enforced Departure (DED) for Liberians,” USCIS stated that t he total number of Liberians currently covered by DED
is, at most, 2,800. T his number is based on the number of individuals who were eligible for the T PS designation that
ended on September 30, 2007 minus those who have since adjusted to LPR status.
79 T he 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.
80 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).
81 See CRS Report R44303, Nepal: Political Developments and U.S. Relations. For information on more recent country
conditions, see CRS In Focus IF10216, Nepal.
82 U.S. Department of Justice, Immigration and Nationalization Serv ice, “Designation of Nepal for T emporary
Protected Status,” 80 Federal Register 36346-36350, June 24, 2015.
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extended for 18 months in October 2016.83 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.84 A 12-month delay of the termination
date to al ow for an orderly transition was also announced; the TPS designation for Nepal was
thus set to terminate on June 24, 2019.85 The termination has not yet taken effect due to a legal
chal enge.86
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. 87
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.”88
Through 24 subsequent extensions or redesignations, Somalia has maintained TPS due to
insecurity and ongoing armed conflict that present serious threats to the safety of returnees. In
January 2020, DHS extended Somalia’s designation for another 18 months through September
17, 2021.89
Sudan and South Sudan
Decades of civil war preceded South Sudan’s secession from the Republic of Sudan in 2011.90
Citing both ongoing armed conflict and extraordinary and temporary conditions that would
prevent the safe return of Sudanese nationals, the Attorney General designated Sudan for TPS on
November 4, 1997. Since then, Sudan has been redesignated or had its designation extended 14
times.
On July 9, 2011, South Sudan became a new nation.91 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, 2011.92 TPS has been extended or redesignated seven times since then due to ongoing

83 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extensions of the Designation
of Nepal for T emporary Protected Status,” 81 Federal Register 74470-74475, October 26, 2016.
84 U.S. Department of Homeland Security, “ Secretary Kirstjen M. Nielsen Announcement on T emporary Protected
Status for Nepal,” press release, April 26, 2018, https://www.dhs.gov/news/2018/04/26/secretary-kirstjen-m-nielsen-
announcement -temporary-protected-status-nepal.
85 Ibid.
86 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward
.
87 See CRS In Focus IF10155, Somalia.
88 U.S. Department of Justice, Immigration and Nationalization Service, “Designation of Nationals of Somalia for
T emporary Protected Status,” 56 Federal Register 46804-46805, September 16, 1991.
89U.S. Citizenship and Immigration Services, “T emporary Protected Status Designated Country: Somalia,”
https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-
somalia.
90 See CRS In Focus IF10182, Sudan.
91 See CRS In Focus IF10218, South Sudan.
92 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Republic of
South Sudan for T emporary Protected Status,” 76 Federal Register 63629-63635, October 13, 2011.
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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.”93 The latest
extension was for 18 months and expires on May 2, 2022.94
Meanwhile, citing improved conditions in Sudan, including a reduction in violence and an
increase in food harvests, then-Acting DHS Secretary Duke announced in September 2017 that
Sudan’s TPS designation would expire on November 2, 2018.95 The termination has not yet taken
effect due to a legal chal enge.96
Syria
The political uprising of 2011 in Syria grew into an intensely violent civil war that has led to 5.6
mil ion Syrians fleeing the country and 6.2 mil ion more internal y displaced as of early 2020.97
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.98 In that initial
granting of TPS, former Secretary Napolitano made clear that DHS would conduct full
background checks on Syrians registering for TPS.99 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, 2016.100 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 conditions that prompted the original designation.101 This announcement did
not include a redesignation; thus, Syrians who entered the United States after August 1, 2016,
remained ineligible.102 The Trump Administration issued another 18-month extension (without

93 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of South Sudan for
T emporary Protected Status,” 82 Federal Register 44205-44211, September 21, 2017.
94 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Alert ,” https://www.uscis.gov/
humanitarian/temporary-protected-status. (As of the date of this report, the Federal Register notice extending the
designation had not been published.)
95 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “T ermination of t he Designation
of Sudan for T emporary Protected Status,” 82 Federal Register 47228-47234, October 11, 2017.
96 For more information on litigation related to TPS terminations, see CRS Legal Sidebar LSB10541, Ninth Circuit
Decision Allows Term ination of Tem porary Protected Status for Sudan, Nicaragua, and El Salvador to Go Forward
.
97 See CRS Report R43119, Syria: Overview of the Humanitarian Response; and CRS Report RL33487, Armed
Conflict in Syria: Overview and U.S. Response
.
98 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of Syrian Arab
Republic for T emporary Protected Status,” 61 Federal Register 19026-19030, March 29, 2012.
99 Secretary of Homeland Security Janet Napolitano, “T emporary Protected Status (T PS) for Syrian Nationals,” press
release, March 23, 2012, http://www.dhs.gov/ynews/releases/20120323-napolitano-statement-syria-tps.shtm.
100 Previously, Syrians who had arrived in the United States after January 5 , 2015, were not eligible for T PS. T he
redesignation allows Syrians that arrived between January 5, 2015, and August 1, 2016, to be eligible for T PS. U.S.
Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignat ion of Syria
for T emporary Protected Status,” 81 Federal Register 50533-50541, August 1, 2016.
101 U.S. Department of Homeland Security, “ Secretary of Homeland Security Kirstjen M. Nielsen Announcement On
T emporary Protected Status For Syria,” press release, January 31, 2018, https://www.dhs.gov/news/2018/01/31/
secretary-homeland-security-kirstjen-m-nielsen-announcement-temporary-protected.
102 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
Syria for T emporary Protected Status,” 83 Federal Register 9329-9336, March 5, 2018.
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redesignation) for Syria through March 31, 2021.103 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 al ows
approximately 1,800 additional individuals to file initial applications to obtain such status.104
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 il egitimate.105 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.106
During 2019, some Members of Congress and nonprofit organizations requested that the Trump
Administration designate Venezuela for TPS,107 and the House passed a bil that would have
designated Venezuela for TPS for 18 months.108 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.109 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.”110
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 al ows 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:

103 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
Syria for T emporary Protected Status,” 84 Federal Register 49751-49757, September 23, 2019.
104 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation
of Syria for T emporary Protected Status,” 86 Federal Register 14946-14952, March 19, 2021.
105 CRS In Focus IF10230, Venezuela: Political Crisis and U.S. Policy.
106 Ibid.
107 See, for example, letter from 24 U.S. Senators to President Donald J. T rump, March 7, 2019,
https://www.durbin.senate.gov/imo/media/doc/March7%20Venezuela%20T PS%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/T PS_-_Venezuela_-_Representative_Mucarsel-Powell.pdf.
108 H.R. 549, 116th Congress.
109 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/T PS_-_Venezuela_-
_Anderson.pdf. For information on the T PS-related injunctions, see CRS Legal Sidebar LSB10215, Federal District
Court Enjoins the Departm ent of Hom eland Security from Term inating Tem porary Protected Status
.
110 T he White House (President T rump), 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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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
(including internal migration, emigration, and return); and the impact of the COVID-19
pandemic, among other factors.111
USCIS estimates that approximately 323,000 individuals are eligible to file applications for TPS
under the designation of Venezuela.112
Because Venezuela is currently designated for both TPS and DED, Venezuelans may apply for
work authorization pursuant to either type of relief.113 DHS encourages Venezuelans who are
eligible for both TPS and DED to apply for TPS during the initial registration period (March 9,
2021-September 5, 2021) since they may not qualify for TPS late initial filing after DED has
expired.114
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.115 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.”116 Since 2015, the war in Yemen has kil ed over 100,000 people, including
civilians as wel as combatants. According to the United Nations, Yemen is the world’s worst
humanitarian crisis, with 80% of the population in need of assistance. Relief efforts in the region
have been complicated by ongoing violence and considerable damage to the country’s
infrastructure.117 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, 2017.118 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

111 U.S. Department of Homeland Security, “Designation of Venezuela for T emporary Protected Status and
Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” 86 Federal
Register
13574-13581, March 9, 2021.
112 Ibid.
113 T hose who are approved for work authorization pursuant to their T PS application are to receive an employment
authorization document (EAD) valid through September 9, 2022; if Venezuela’s T PS 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.
114 In limited circumstances, an individual may apply for T PS after the initial registration period has ended. See 8
C.F.R. §244.2(f)(2).
115 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Designation of the Republic
of Yemen for T emporary Protected Status,” 80 Federal Register 53319-53323, September 3, 2015.
116 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “DHS Announces T emporary
Protected Status Designation for Yemen,” press release, September 3, 2015, http://www.uscis.gov/news/dhs-
announces-temporary-protected-status-designation-yemen.
117 See CRS Report R43960, Yemen: Civil War and Regional Intervention.
118 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension and Redesignation
of the Republic of Yemen for T emporary Protected Status,” 82 Federal Register 859-866, January 4, 2017.
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States after the eligibility cutoff dates” warranted the redesignation of TPS.119 The Trump
Administration twice extended Yemen’s TPS designation for durations of 18 months each, but the
arrival cutoff date remains the same.120 Its current designation lasts through September 3, 2021.
State of Residence of TPS Recipients
Individuals with TPS reside in al 50 states, the District of Columbia, and the U.S. territories. The
largest populations live in traditional immigrant gateway states: California, Florida, Texas, and
New York. In addition, five other states had at least 10,000 TPS recipients as of March 2021:
Maryland, Virginia, New Jersey, Massachusetts, and North Carolina. 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 March 11, 2021, 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 al nationals from the specified countries who are in the United States and are eligible for the
status.

119 Ibid.
120 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, “Extension of the Designation
of Yemen for T emporary Protected Status,” 83 Federal Register 40307-40313, August 14, 2018; U.S. Department of
Homeland Security, U.S. Citizenship and Immigration Services, “Ex tension of the Designation of Yemen for
T emporary Protected Status,” 85 Federal Register 12313-12319, March 2, 2020.
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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.121 There are statutory limitations on Congress providing adjustment of status to
TPS recipients. Section 244(h) of the INA (8 U.S.C. §1254a(h)) states that the consideration of
any bil , resolution, or amendment that provides for the adjustment to lawful temporary or lawful
permanent resident status for any TPS recipient requires a supermajority in the Senate (i.e., three-
fifths of al Senators) voting affirmatively.
Over the years, Congress has provided for the adjustment to LPR status for groups of nationals
who had been given TPS or DED. In 1992, Congress enacted legislation al owing Chinese
nationals who had DED following the Tiananmen Square massacre to adjust to LPR status (P.L.
102-404). The Nicaraguan Adjustment and Central American Relief Act (NACARA) (Title II of
P.L. 105-100), which became law in 1997, provided eligibility for LPR status to certain
Nicaraguans, Cubans, Guatemalans, Salvadorans (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 al ows
Liberians who have been continuously present in the United States since November 2014 and
their family members to apply for LPR status. President Trump signed it into law on December
20, 2019 (P.L. 116-92, Section 7611).
Other legislation to al ow persons with TPS to adjust to LPR status received action in past
Congresses, but was not enacted. For instance, the Senate-passed comprehensive immigration
reform bil in the 113th Congress (S. 744) did not include specific provisions for foreign nationals
with TPS to adjust status, but many would have qualified for the registered provisional immigrant
status that S. 744 would have established.122
Selected Legislative Activity in the 116th and 117th
Congresses
Various proposals related to TPS and DED were introduced in the 116th Congress. These included
bil s that would have extended current TPS designations or added new designations for TPS (e.g.,
Venezuela or Hong Kong),123 prohibited federal funds from being used to remove TPS
recipients,124 made TPS or DED recipients eligible for federal financial aid for higher
education,125 or provided for adjustment to LPR status for TPS and DED recipients who had been

121 In order 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 T PS are considered to be “ inspected and admitted” into the
United States. Reviewing courts have split on this issue. For more information, see CRS Legal Sidebar LSB10554, Are
Tem porary Protected Status Recipients Eligible to Adjust Status?

122 See archived CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in
Senate-Passed S. 744
.
123 H.R. 549, H.R. 1926, H.R. 2413, H.R. 2783, H.R. 4112, H.R. 4272, H.R. 4303, H.R. 8428, S. 636, S. 2176, and S.
2478, for example.
124 H.R. 3931, for example.
125 H.R. 1298, H.R. 4674, and S. 1346, for example.
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living in the United States for several years.126 Other bil s introduced in the 116th Congress
variously sought to limit TPS by transferring authority from DHS to Congress to designate
foreign states127 or making ineligible for TPS aliens who lack a lawful immigration status or who
are members of criminal gangs.128 The House passed H.R. 549, which would have designated
Venezuela for TPS for a period of 18 months.
As noted earlier, in the 116th Congress the National Defense Authorization Act for Fiscal Year
2020 (S. 1790) included Section 7611 (Liberian Refugee Immigration Fairness), which al ows
certain Liberian nationals to apply for LPR status. S. 1790 was signed into law by President
Trump on December 20, 2019, and became P.L. 116-92.
Two bil s that would have provided LPR status to TPS recipients passed the House in the 116th
Congress. Title II of the American Dream and Promise Act of 2019 (H.R. 6) would have al owed
individuals who were eligible for TPS or DED as of January 1, 2017, and who had been living in
the United States for at least three years before the date of enactment to become LPRs. These
provisions would have applied to nationals of 13 countries. Certain individuals with TPS or DED
protection would have also been covered by the legalization provisions in Title I of H.R. 6. It
passed the House on June 4, 2019. The Farm Workforce Modernization Act of 2019 (H.R. 5038)
would have established a process for certain farm workers in the United States to obtain a legal
temporary status and then LPR status. TPS and DED recipients who met the farm work and other
requirements under the bil , would have been eligible. H.R. 5038 passed the House on December
11, 2019.
Bil s similar to these two were introduced in the 117th Congress (H.R. 6 and H.R. 1603,
respectively) and passed the House on March 18, 2021. The 117th Congress version of H.R. 6
would al ow 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 (the same 13 countries eligible
under the version of the bil that passed the 116th Congress, plus Venezuela). The 117th Congress
version adds a provision (Section 203) clarifying that TPS recipients are considered “inspected
and admitted” for purposes of adjustment to LPR status.129 The 117th Congress version of the
Farm Workforce Modernization Act (H.R. 1603) is highly similar to H.R. 5038 from the 116th
Congress. Like H.R. 5038, it would establish a process for certain farm workers in the United
States (including those with TPS or DED) to obtain a legal temporary status and then LPR status.


126 H.R. 6, H.R. 1169, H.R. 2783, S. 456, S. 874, S. 879, and S. 1790, for example.
127 H.R. 3899, for example.
128 H.R. 98, H.R. 574, H.R. 1106, H.R. 3899, and S. 599, for example.
129 For more information, see CRS Legal Sidebar LSB10554, Are Temporary Protected Status Recipients Eligible to
Adjust 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
705
Nevada
3,015
Alaska
55
New Hampshire
270
Arizona
1,095
New Jersey
14,220
Arkansas
2,800
New Mexico
295
California
54,285
New York
40,855
Colorado
2,380
North Carolina
12,035
Connecticut
2,085
North Dakota
75
Delaware
600
Ohio
1,615
District of Columbia
2,595
Oklahoma
700
Florida
42,980
Oregon
610
Georgia
9,550
Pennsylvania
2,235
Hawai
5
Rhode Island
605
Idaho
60
South Carolina
1,300
Il inois
140
South Dakota
180
Indiana
2,895
Tennessee
2,435
Iowa
2,045
Texas
41,945
Kansas
1,130
Utah
895
Kentucky
940
Vermont
35
Louisiana
695
Virginia
22,140
Maine
1,685
Washington
1,755
Maryland
22,760
West Virginia
160
Massachusetts
13,160
Wisconsin
490
Michigan
1,170
Wyoming
40
Minnesota
2,135
U.S. Virgin Islands
525
Mississippi
360
Puerto Rico
55
Missouri
1,035
Northern Mariana Islands
25
Montana
10
Other/Unknown
105
Nebraska
1,335
Total
319,465
Source: Data provided to CRS by USCIS.
Notes: These data reflect individuals (rounded to the nearest five) with TPS as of March 11, 2021, 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 al nationals from the specified countries who are in the
United States and are eligible for the status. “Other” includes Federated States of Micronesia, Guam, Marshal
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 n ot be relied upon for purposes other
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