What is Temporary Protected Status (TPS)?

© 2008 Peter J. Loughlin, Esq. and Thomas W. Goldman, Esq.

Temporary protected status was first authorized by Congress in 1990 as a means of granting a form of lawful immigration status to persons from certain designated countries.

In many cases this may be the only means relief available to persons who would otherwise face removal proceedings and ultimately being removed (deported) from the United States.

Congress enacted Temporary Protected Status (TPS) in recognition of the fact that many individuals cannot reasonably and safely return to their home country because of some temporary circumstance such as political/military conflicts, natural disasters or other extremely harsh conditions. The authority to determine which countries meet the requirements of designation for Temporary Protected Status (TPS) and the administration of this program rests with the U.S. Department of Homeland Security.

In addition to the obvious benefit of being able to remain lawfully in the United States, (albeit temporarily), the beneficiaries of TPS are also eligible to obtain an employment authorization document (EAD) allowing them to legally work in the United States as long as they remain in protected status.

Finally, it is important to understand that as valuable as this status may be for the beneficiaries, Temporary Protected Status is just that, “TEMPORARY” and, as such is subject to periodic review by the Department of Homeland Security in order to renew or terminate a particular country and its eligible nationals and residents.

Who is Eligible for Temporary Protected Status (TPS)?
 Currently only eligible nationals and residents of the following countries may be beneficiaries of TPS status:

Ø       Burundi: The designation of Burundi for TPS has been terminated effective 12:01 a.m. May 2, 2009.  To maintain TPS benefits through May 1, 2009, Burundian TPS beneficiaries must comply with re-registration requirements. Most recent TPS re-registration period from October 29, 2007, to December 28, 2007.  Employment Authorization Documents (EADs) are automatically extended through May 2, 2008.

Ø       El Salvador: Currently designated through September 9, 2010. The 90-day re-registration begins October 1, 2008, and ends December 30, 2008.

Ø       Honduras : Currently designated through July 5, 2010. The 60-day re-registration begins October 1, 2008, and ends December 1, 2008.

Ø       Nicaragua : Currently designated through July 5, 2010. The 60-day re-registration begins October 1, 2008, and ends December 1, 2008.

Ø       Somalia: Currently designated through September 17, 2009. Most recent TPS re-registration period from March 12, 2008, to May 12, 2008. EADs are automatically extended through September 17, 2008.

Ø       Sudan: Currently designated through May 2, 2010. The 60-day re-registration began August 14, 2008, and ends October 14, 2008. EADs are automatically extended through May 2, 2009.

Note that Haiti is not among the list of TPS designated nations. Haiti, in our opinion, should absolutely be designated as a TPS country for a host of reasons. We respectfully ask that you contact your representatives in Congress and the Department of Homeland Security to keep up the pressure to make Haiti a TPS country.

 For more information about TPS and to determine your particular eligibility please contact us today for a consultation.