Temporary Protected Status

June, 2020

Temporary Protected Status (TPS) designation is declared by the U. S. government with respect to specified countries for the following reasons: the safety of their citizens would be in jeopardy were they to be returned to their native country; or the country would be unable to absorb the return of its citizens. As of November 2018, the following countries had TPS designations:

El Salvador Haiti Honduras Nepal Syria
Nicaragua Somalia South Sudan Sudan Yemen

In November 2018 , the Administration announced that it would terminate TPS designation for El Salvador, Haiti, Honduras, Nepal Nicaragua and Sudan. Litigation stayed the termination of TPS status for all of these countries except Nepal and Honduras (these terminations had not been announced at start of litigation).

Facts You Should Know

  • Congress created TPS in the Immigration Act of 1990 to provide protections for individuals from countries that have an ongoing armed conflict, an environmental disaster, or extraordinary or temporary conditions that make it unsafe for the individuals to return to the country.
  • Persons seeking TPS status must show that they were present in the U.S. on the date their home country was designated for temporary protected status. A person seeking TPS status must apply to the U.S. Citizenship and Immigration Services (USCIS) for TPS designation. Applicants who are eligible for TPS status receive a temporary stay of deportation and temporary authorization to work in the U.S.
  • What happens if an individual’s TPS status ends? If TPS status for a country is terminated, then TPS beneficiaries from that country are subject to deportation unless they otherwise qualify to remain in the U.S, for example if they were granted permanent residency and a green card.
  • TPS beneficiaries are not eligible for any public assistances. However, children and pregnant women who have TPS status have been determined to be “lawfully present” in the U.S. and, therefore, eligible for Medicaid and the Children’s Health Insurance Program (CHIP). Also, persons who have TPS status are also eligible for affordable coverage options under the Affordable Care Act.
  • It is estimated that termination of TPS designation for Salvadoran, Haitian and Honduran beneficiaries would have a $4.5 billion adverse impact on U.S. GDP and that would impose $967 million in turnover costs on U.S. employers.
  • Of roughly 39,000 Haitians who have TPS designation, 20,900 (75%) live in Florida.

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