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Learn About TPS Status and Its Impact

Understanding TPS Status: What It Means and Who Has It Temporary Protected Status, or TPS, is a immigration program created by the U.S. government that allow...

GuideKiwi Editorial Team·

Understanding TPS Status: What It Means and Who Has It

Temporary Protected Status, or TPS, is a immigration program created by the U.S. government that allows certain foreign nationals to remain in the United States and work legally for a set period of time. The program exists because certain countries face conditions that make it unsafe for their citizens to return home. These conditions can include armed conflict, natural disasters, disease outbreaks, or other extraordinary situations that pose a serious threat to personal safety.

Congress created TPS in 1990 as part of the Immigration Act of 1990. The Secretary of Homeland Security can designate a country for TPS when that country is experiencing one of several conditions: ongoing armed conflict, an environmental disaster, or an epidemic of a disease. Once a country receives TPS designation, nationals from that country who are already in the United States may be allowed to stay temporarily. As of 2024, countries with TPS designations have included El Salvador, Honduras, Nicaragua, Syria, Sudan, South Sudan, Yemen, Myanmar, Venezuela, Haiti, and others.

People with TPS status can legally work in the United States, obtain a Social Security number, and receive a driver's license in most states. They cannot, however, travel outside the United States and return without special permission, and their status is temporary—it must be renewed when the designation is set to expire. A TPS holder is not a permanent resident or citizen, and TPS does not put someone on a path to citizenship.

The number of people holding TPS has fluctuated over the years. In 2017, approximately 262,000 people held TPS status across various designations. By 2023, that number had shifted due to designations ending, new ones being added, and people's changing circumstances. Each country's TPS designation comes with its own expiration date, which the government can extend if conditions in that country have not improved enough for people to return safely.

Practical takeaway: TPS is a temporary work permission status for people from countries facing serious danger. It allows legal work and some government-issued documents, but it is not permanent and does not lead to citizenship or green cards on its own.

How TPS Designation Works and When Countries Qualify

The process of designating a country for TPS begins when the Secretary of Homeland Security (part of the U.S. Department of Homeland Security, or DHS) decides that conditions in a specific country warrant protection for its nationals. The Secretary must determine that one of three conditions exists: ongoing armed conflict that poses a serious threat to personal safety, an environmental disaster causing serious conditions, or an epidemic or disease causing serious conditions.

When the Secretary decides to designate a country, the decision goes into effect and people from that country who are already in the United States can begin to look into their options regarding TPS. The designation is not permanent—it typically lasts for six to 18 months. When that period approaches its end, the Secretary must decide whether to extend the designation. The decision to extend depends on whether the conditions that caused the original designation still exist or whether the country has recovered enough for nationals to return safely.

The Secretary can also decide to terminate a TPS designation. When this happens, people with TPS status are given a grace period (usually 60 to 180 days) to prepare for their status to end. During this period, they still have legal protection and can work, but once the grace period ends, their TPS status expires. This has happened several times in recent years—for example, the TPS designation for Haiti was terminated and then reinstated multiple times between 2010 and 2024.

Congress can also get involved in the TPS process. Lawmakers can pass bills to extend or modify TPS designations. In some cases, Congress has extended designations that the Secretary was planning to end. In other cases, Congress has worked to end designations. This political aspect means that TPS can be affected by which political party is in power and what immigration policies that party supports.

Real examples show how this works in practice. When a major earthquake struck Haiti in 2010, the U.S. government quickly designated Haiti for TPS, allowing Haitian nationals in the United States to receive work permission. That designation was extended multiple times over more than a decade. However, in 2017, the Trump administration announced plans to end Haiti's TPS designation, arguing that conditions had improved. This decision faced legal challenges and eventually Haiti's TPS was extended again. In 2023, the Biden administration extended Haiti's TPS again.

Practical takeaway: TPS designations are temporary decisions made by the Secretary of Homeland Security based on dangerous conditions in a country. These designations must be renewed periodically and can be extended or ended depending on whether conditions have changed.

What TPS Status Allows: Rights, Restrictions, and Work Permissions

People with TPS status receive certain rights and permissions while their status is active. The most significant right is the legal permission to work in the United States. With TPS, a person can obtain an Employment Authorization Document (EAD), which is an official government card showing that they have permission to work. This document is required by employers to verify that a worker is authorized to work in the country.

Having an EAD means TPS holders can work for any employer in the United States. They can change jobs without needing special permission. They can also open bank accounts, obtain driver's licenses in most states, and get an Individual Taxpayer Identification Number (ITIN) from the Internal Revenue Service. This ITIN allows them to file taxes, pay into Social Security, and potentially build credit history.

TPS also provides protection from deportation while the status is active. This means that a person with TPS cannot be removed from the country solely for being undocumented. However, TPS does not prevent deportation if a person commits certain crimes or breaks other laws. If someone with TPS is convicted of a felony or certain other crimes, they can still be deported even though they have TPS status.

However, TPS status comes with significant restrictions. People with TPS cannot travel outside the United States and return without advance permission from the government. If they leave the country without getting permission first (called "advance parole"), their TPS status can be terminated. This restriction has major impacts on people's lives—they cannot visit sick family members in their home country, attend funerals, or handle family business matters abroad. Some people have requested advance parole to travel, and the government sometimes approves these requests, but there is no guarantee.

TPS also does not provide a path to permanent residence or citizenship. Having TPS does not make someone a permanent resident, and it does not put them in line to get a green card. This means that when TPS ends, unless a person has another form of legal status or has become a citizen through a separate process, they would no longer have legal permission to stay or work in the United States.

Additionally, people with TPS cannot serve in the military or vote in federal elections. They also cannot access certain federal benefits, though they may be able to access some state or local benefits depending on where they live. Each state has different rules about what benefits people with TPS can receive.

Practical takeaway: TPS allows legal work and provides protection from deportation, but it restricts travel outside the U.S. and does not lead to permanent residence or citizenship.

The Impact of TPS Status on Work, Income, and Economic Life

For people with TPS status, the permission to work legally has had significant economic impacts. Research has shown that TPS holders typically have higher earnings and better job stability than undocumented immigrants without work permission. A study by the Center for American Progress found that TPS holders earned approximately 25 percent more than they did before receiving TPS status. This increase comes from being able to change jobs more freely, negotiate better wages, and work in jobs that require official documentation.

TPS status allows people to build work history and gain skills more openly. Without work permission, many undocumented immigrants work in informal or low-wage jobs where they have little protection and few advancement opportunities. With TPS and an EAD, people can work in a broader range of jobs, including positions that require background checks or official verification of work permission. Many TPS holders have moved into better jobs in construction, healthcare, hospitality, manufacturing, and professional services.

The ability to get an ITIN and file taxes while holding TPS status has also had economic impacts. People who file taxes can build credit history more easily, which can help them obtain loans, mortgages, and credit cards. TPS holders

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