What is Temporary Protected Status (TPS) and Who is Eligible?

Temporary Protected Status (TPS) is a form of immigration protection granted to individuals who would be in danger if they were to return to their home country. It was created as part of the Immigration Act of 1990 and was meant to provide a safe haven for individuals who were unable to safely return home due to armed conflict, environmental disaster, or other extraordinary conditions. Currently, TPS is available to nationals of certain countries designated by the Department of Homeland Security and can last anywhere from 6 months up to 18 months. While it does not lead directly to permanent residence in the U.S., it can provide recipients with work authorization and protection from deportation for a limited time period. This article will look at how TPS works, who qualifies for it, and what rights are granted under the program.

Temporary Protected Status (TPS) is a form of humanitarian relief that provides foreign nationals with temporary protection from deportation and the opportunity to work in the United States. It is an important form of relief for people who are unable to return to their home countries due to dangerous conditions, such as armed conflict, environmental disasters, or other extraordinary circumstances. TPS grants these individuals the right to stay in the U.S. for a limited period of time and provides them with certain benefits including work authorization and protection from deportation.

The history of TPS dates back to 1990 when Congress passed the Immigration Act of 1990 which included provisions for granting temporary protected status. Since then, TPS has been extended multiple times in response to various humanitarian crises around the world, allowing more people to benefit from its protections. It also has provided critical protection to hundreds of thousands of individuals from over twenty countries around the world.

TPS is an important form of humanitarian relief that provides temporary safety and security for individuals who would otherwise be unable to return home due to dangerous conditions. As such, it serves as an invaluable lifeline for many individuals and families in need of assistance during difficult times. Several countries have been designated and re-designated for TPS. As of 2021, there are currently 16 countries on the list, including El Salvador, Honduras, Nepal, Somalia, Sudan, South Sudan, Syria, and Yemen. The U.S. government reviews each country’s designation periodically to determine whether it should be renewed or terminated. This ensures that those who qualify for TPS continue to receive the protections it provides them while also making sure that those who no longer need it do not stay in the U.S. beyond their expiration date.

Unfortunately, despite its necessity and importance in providing safety and security for refugees and asylum seekers, TPS has recently come under threat from changes in U.S. immigration policies.

TPS allows those who have been granted this designation to live and work in the United States while they wait for more permanent solutions. It is not a path to citizenship but rather an interim solution that helps individuals stay safe until their home country can be safely returned to or until other solutions become available for them. Those who are eligible for TPS must meet certain eligibility requirements. To qualify for Temporary Protected Status (TPS), applicants must demonstrate that they meet certain criteria, such as:

1. They must have been “continuously physically present” in the United States since a specific date, determined by the Secretary of Homeland Security. They may demonstrate continuous physical presence in the United States by providing rent receipts, utility bills, phone records, pay stubs, employment records, or other documents that establish their presence during a specified period.
2. They must have undergone a background check and have no serious criminal history. They must demonstrate that they have not been convicted of any aggravated felony or two or more misdemeanors in the United States.
3. They must demonstrate that they will not pose a threat to the security of the United States.
4. They must provide proof of identity, such as a passport or birth certificate, and have active registration with the U.S. Citizenship and Immigration Services (USCIS). Applicants must also pay any applicable fees and demonstrate that they are not subject to any immigration bars, such as those related to certain criminal convictions.
5. They may need to provide evidence that they are from a designated country and have been impacted by an ongoing armed conflict, environmental disaster, or other extraordinary conditions. This may include documentation of property destruction, personal injury, or displacement.

TPS has provided protection from removal to hundreds of thousands of individuals who would otherwise not have had access to any form of relief from deportation. It is a valuable program that offers many benefits to those receiving it.

One of the primary benefits of TPS is that it allows recipients to remain in the U.S. legally and safely. Immigration status provides a layer of protection from deportation, as well as various rights and privileges such as freedom of travel within the U.S., access to basic public services, and the ability to open a bank account or obtain a driver’s license.

TPS also provides individuals with access to a range of benefits. Those receiving TPS are eligible for various forms of public assistance, such as Medicaid, food stamps, and housing assistance. They can also receive certain legal protections, such as protection from removal proceedings, protection from employers who may try to exploit them, and the ability to travel abroad for certain limited periods of time. Moreover, they have access to healthcare and education. Those with TPS are generally eligible for health insurance through their employer or through a private insurance company. They can also access public education, including language classes and vocational training.

TPS also gives recipients the opportunity to apply for a work permit and lawfully participate in the labor market. This can be especially beneficial for those who were previously unable to work due to their lack of legal status or language barriers. It can also lead to increased financial stability, as well as a greater sense of belonging in their new home.

The benefits of TPS go beyond just providing individual protections for foreign nationals. It is also an invaluable tool for stabilizing entire communities and societies. Many individuals granted TPS are able to support their families back home through regular remittances, providing a much-needed economic boost to poorer countries. Furthermore, their presence in the U.S. enables them to provide important skills and knowledge that can be utilized by their home countries once they have returned.

For those with temporary protected status (TPS), there are a variety of challenges they must face. One of the most prominent is the length of time that their status is valid. Currently, the program provides protection for periods of 6-18 months, with the possibility of extension. TPS does not provide them with a path toward permanent resident status or a more permanent form of protection and so they remain in a state of vulnerability, uncertain as to whether their status will be renewed or revoked. This unpredictability makes it difficult for individuals with TPS to plan for the future and can lead to economic and familial instability.

In addition, the renewal process for TPS is often long and convoluted, making it difficult for individuals to comply with the deadline for submission. Furthermore, due to the limited resources available to applicants, many cannot afford to hire legal assistance, making it even more difficult for them to fill out the extensive paperwork required for renewal.

An additional challenge with TPS is the cost: a single application for TPS costs about $575 USD and must be paid for upfront. This can be prohibitively expensive for some individuals, making it difficult or impossible to apply for protection in the first place.

The program has also been subject to a number of legal limitations, including the requirement that the immigrant must have been present in the United States when their country of origin was designated for TPS. This means that many potential applicants are unable to access the program, leaving them vulnerable to deportation or other forms of immigration enforcement.

Additionally, those who have TPS may face difficulty in obtaining certain benefits, such as health insurance and other social services. This is because eligibility for these services is usually tied to permanent residency or citizenship, which TPS does not provide. This can leave people in a difficult situation when it comes to receiving the care they need.

TPS holders may also face difficulty in finding employment, as employers may be reluctant to hire people with uncertain legal status. This can leave many people without a stable income and the means to support themselves and their families.

Also, there is the difficulty of being separated from loved ones and family members who are still living in their home countries and unable to enter the U.S. due to restrictions on immigration and travel--these individuals and families may remain divided across countries indefinitely. Such separation can be emotionally stressful and oftentimes economically challenging as family members abroad may not have access to the kind of financial aid needed to reunite households.

Overall, temporary protected status can be a valuable form of protection for individuals who are unable to return to their home countries due to dangerous or unstable situations. However, it is important to be aware of the unique challenges that come with this form of protection.

Temporary Protected Status (TPS) is a program that offers certain individuals from designated countries the opportunity to remain in the United States for a defined period of time. Eligibility for TPS is based on specific criteria and is only available to citizens of countries currently designated by the U.S. Department of Homeland Security. It provides temporary relief from deportation, travel authorization, employment authorization, and access to Social Security benefits. However, there are also challenges associated with TPS, such as the possibility that it could be terminated at any time.

Given the complexity of the TPS program, those interested in applying should seek help from a qualified legal professional. Doing so can help ensure that one’s rights and benefits are fully protected under the program. Hiring legal assistance is the best way to ensure that individuals understand their eligibility for TPS and can take advantage of all the benefits it offers.