Understanding Temporary Protected Status (TPS)
Ryan Arias ‘28
Definition and Purpose
Temporary Protected Status (TPS) is a humanitarian program granted and administered by the U.S. Department of Homeland Security (DHS) and its agency, U.S. Citizenship and Immigration Services (USCIS). Created by the Immigration Act of 1990, the program is designed to offer temporary relief from deportation and work authorization to nationals of a country that is experiencing an ongoing conflict. Initially enacted during the administration of President George H.W. Bush, the TPS was introduced as a broader effort to provide sanctuary to a person feeling dangerous conditions, while allowing them to live and work in the U.S. without the fear of deportation.
The responsibility for renewing or eliminating a country's eligibility for TPS lies with the U.S. Attorney General and the Secretary of Homeland Security. The DHS can designate a country for the status due to factors such as ongoing armed conflict, environmental disasters, such as earthquakes or hurricanes, public health emergencies like epidemics, or other “extraordinary and temporary conditions” that would prevent nationals from returning safely.
During this period of time, those who are considered “TPS beneficiaries” are not removable from the United States, can obtain an employment authorization document (also known as an EAD), and may be granted travel authorization. Having TPS protection prevents an individual from being detained by the Department of Homeland Security based on their immigration status in the United States. It plays a key role in community and family stability, preventing separation and strengthening communities where beneficiaries have lived for years or even decades.
The following is a list of countries currently designated for the protection status:
Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, Yemen.
Benefits of TPS
The Temporary Protected Status program plays a crucial role in many other benefits that aid the U.S. in various ways. These benefits can be split into three key areas:
Workforce Contribution: TPS holders help to fill the essential roles in many industries such as healthcare, construction, and agriculture. Having these spots filled helps to address labor shortages the country may be facing.
Economic Impact: Many TPS recipients own businesses, pay taxes, and contribute to Social Security and Medicare, even though many of them never receive benefits from them.
Humanitarian Protection: TPS aligns with the concept of humanitarian aid, as it helps ensure that individuals are not returning to life-threatening conditions back in their home countries, and allows them an opportunity to find a safe space.
Beyond the immediate economics and humanitarian advantages, TPS also significantly contributes to the community integration and social well-being of many areas. Beneficiaries of the protection status are more likely to access essential services, such as healthcare, education, and legal resources. The given stability helps to reduce the social isolation often experienced by undocumented populations, fostering greater community engagement. The legal work authorization also lowers the chances of exploitation risks in informal labor markets, promoting safer working conditions for undocumented individuals.
Implications of Ending TPS
The Secretary of the DHS can extend TPS after a review of the country’s current situation. The decision regarding the extension is required at least sixty days before the TPS designation is set to expire. The Secretary can choose to extend the status of the designation for six, twelve, or eighteen-month periods, or cancel the designation entirely. Terminating TPS (as is planned for Venezuela this upcoming April), can lead to significant legal and social consequences for its recipients. Key legal and humanitarian concerns include the risk of deportation, family separation, and both employment and economic consequences.
The decision to end TPS for certain countries also leads to concern about the extensive legal challenges behind the designation of protection. On the topic of due process and equal protection, many litigants argue that abrupt TPS terminations violate constitutional protections, specifically the Fourteenth Amendment’s Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment, especially when decisions appear to be politically motivated. Many lawsuits have also challenged TPS terminations on the grounds that they were “arbitrary and capricious” under the Administrative Procedure Act (APA). This statute governs how federal agencies propose and establish regulations and grants federal courts oversight of agency actions, which aids in ensuring fair and transparent administrative procedures.
TPS continues to be a vital program for individuals fleeing their home countries impacted by violence, natural disasters, or other crises. Outside of temporary relief, the offerings and opportunities given to beneficiaries contribute to the U.S. economy and society. However, the future of TPS has been uncertain, particularly during the Trump administration. While the administration has argued that conditions have improved in certain nations, many of these countries continue to face serious challenges. The program’s purpose of granting stability and security to individuals who have lived in the U.S. for years is now being challenged.
Ending TPS for countries currently facing dangerous or unstable conditions can come with severe consequences. Beyond the immediate risk of deportation, thousands of individuals who have built lives, contributed to the economy, and have raised families within the U.S. face an uncertain future. Removing these protections without careful consideration and viable alternatives could disrupt communities and industries, but also places some in potentially life-threatening citations. As the weight of the legality of TPS terminations are determined, it’s crucial to recognize the human impact of these decisions and assure individuals are not forced into harm’s way.
Ryan Arias is a freshman majoring in finance and political science.
Sources
National Immigration Forum. Temporary Protected Status (TPS): Fact Sheet. (2025, March 14). National Immigration Forum. https://immigrationforum.org/article/temporary-protected-status-fact-sheet/
U.S. Citizenship and Immigration Services. Temporary Protected Status. (n.d.). U.S. Citizenship and Immigration Services.https://www.uscis.gov/humanitarian/temporary-protected-status
Gottlieb, A. (2025, February 25). What you need to know about Temporary Protected Status under the Trump administration. AFSC. https://afsc.org/news/what-you-need-know-about-temporary-protected-status-under-trump-administration
Administrative Procedure Act, 5 U.S.C. § 551-559 (1946). https://www.archives.gov/federal-register/laws/administrative-procedure
Immigration Act, 8 U.S.C. § 101-649 (1990).https://www.congress.gov/bill/101st-congress/senate-bill/358
