Temporary Protected Status

Two immigration statuses that may overlap are Asylum and Temporary Protected Status (TPS) because they both help people who are afraid of returning to their home country. While these two are different in a few ways, it is useful to know what each option offers and that applying for both is allowed, so long as an applicant is eligible. This brief guide delves into the ways these two options might intersect and what to keep in mind as individuals consider each type of status.

This practice advisory provides an overview of TPS and focuses on a framework for analysis for the firm resettlement  bar to eligibility. It  also discusses the impact of dual nationality on TPS applicants.

TPS is an important form of protection that has been the subject of many changes and updates over the last few years. A recent Supreme Court decision limiting where and how certain TPS holders can apply for permanent residence through a family member has created confusion in the community. This resource provides a quick overview of the rights and options of TPS recipients and outlines the paths to permanent residence that remain available to many TPS holders.

In June 2021, the U.S. Supreme Court issued a decision in Sanchez v. Mayorkas that addressed a circuit split regarding whether a grant of TPS was an “admission” such that it allowed an applicant for permanent residence to meet the threshold “inspected and admitted or paroled” requirement to adjust status within the United States. Previously, the Sixth, Ninth, and Eighth Circuit Courts of Appeal had held that it did, whereas the Eleventh, Fifth, and Third Circuits had held that it did not. In Sanchez, the Supreme Court found that a grant of TPS is not an “admission” for adjustment purposes. This practice alert provides a brief summary of the Sanchez decision, discusses who is and is not impacted by the decision, and provides some suggestions for next steps and other resources.

The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for TPS for Venezuela. It also includes a brief summary of Deferred Enforced Departure (DED) for Venezuela which is also currently in effect through July 20, 2022.

TPS recipients from six countries face potential termination of that protection from the Trump Administration, potentially impacting approximately 300,000 people.  This resource provides an update on the current status of TPS for these countries and what rights and options beneficiaries have.  It also outlines what they might expect as a result of legal challenges to the termination and under a new administration.

On November 1, 2019 the Department of Homeland Security (DHS) announced the automatic extension of employment authorization and other documentation for Temporary Protected Status (TPS) holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Each of those TPS-designated countries was set to expire in 2020 but will now be automatically extended through January 4, 2021. This practice advisory lays out what community members need to know and should do now.

This resource, co-authored by the ILRC and United We Dream (UWD), compares the criminal and inadmissibility grounds for Titles I and II of the American Dream and Promise Act of 2019 with DACA and TPS.

On May 4, 2018, the Department of Homeland Security (DHS) announced that it terminated the TPS designation for Honduras. This TPS designation was supposed to expire on July 5, 2018. DHS has given TPS holders from Honduras an additional 18 months of TPS status (until January 5, 2020). On June 5, 2018, DHS published a notice in the Federal Register explaining how TPS holders from Honduras can re-register and re-apply for work permits, or Employment Authorization Documents (EAD). This is a summary of what you can do now.

Over 300,000 people currently benefit from Temporary Protected Status (TPS) and many have been protected by it for nearly 20 years. However, the current administration is terminating the program for certain countries and is reviewing the designation of several others. This practice advisory describes what TPS recipients and their advocates can do now to understand their legal options. It will review the most common forms of relief, with a particular focus on family-based immigration and how recent federal court cases allow some TPS recipients in the 6th (Flores) and 9th (Ramirez) circuits to adjust status in the United States.