وضعیت محافظت شده موقت (TPS)
Temporary Protected Status (TPS) is a short-term immigration status granted to citizens of specific countries facing challenges that make it unsafe or difficult for them to be deported to their home countries. TPS serves as a crucial support for hundreds of thousands of individuals already present in the United States when issues in their home country make departure or deportation impractical. This document provides an overview of the determination process for TPS designations, the benefits it offers, and the application and renewal procedures for TPS beneficiaries.
Overview of Temporary Protected Status:
Congress established Temporary Protected Status (TPS) in the Immigration Act of 1990. It is a provisional immigration status granted to citizens of designated countries dealing with ongoing armed conflicts, environmental disasters, or extraordinary and temporary conditions. TPS provides work authorization and protection from deportation to foreign nationals present in the United States when the designation is made. As of March 31, 2023, approximately 610,630 people held TPS, and an estimated 664,090 individuals may be eligible for TPS under redesignations announced by the Biden administration.
Reasons for TPS Designation:
A country may receive a TPS designation due to ongoing armed conflicts, environmental disasters, or temporary conditions preventing the safe return of its nationals. The Secretary of Homeland Security has discretionary authority to decide on TPS designations, consulting with other government agencies such as the Department of State, National Security Council, and occasionally the Department of Justice. The Secretary’s decision is not subject to judicial review.
Duration of TPS Designations:
TPS designations can last for 6, 12, or 18 months. The Secretary decides whether to extend or terminate a designation based on conditions in the foreign country at least 60 days before expiration. If no extension or termination decision is published at least 60 days in advance, the designation is automatically extended for six months. There is no defined limit on the temporary nature of TPS.
Eligibility for TPS:
To qualify for TPS, an individual must be a national of the designated foreign country, continuously physically present in the U.S. since the effective date of designation, and continuously residing in the U.S. since a date specified by the Secretary. They must not be inadmissible to the U.S. or barred from asylum for certain criminal or national security-related reasons. Nationals of designated countries must register during a specific period and pay fees to be eligible for TPS.
TPS Benefits:
TPS beneficiaries, upon demonstrating eligibility, receive temporary protection from deportation and authorization to work in the United States. While TPS does not create a path to permanent residence or citizenship, beneficiaries have been eligible for advance parole in the past, allowing travel abroad and return. However, advance parole has been discontinued, and a TPS-specific travel document is now used for travel.
Current TPS Designated Countries (as of May 2023):
Afghanistan (Extended until May 20, 2025)
Burma (Valid through May 25, 2024)
Cameroon (Extended until June 7, 2025)
El Salvador (Extended until March 9, 2025)
Ethiopia (Valid through June 12, 2024)
Haiti (Extended through August 3, 2024)
Honduras (Extended until July 5, 2025)
Nepal (Extended until June 24, 2025)
Nicaragua (Extended until July 5, 2025)
Somalia (Extended until September 17, 2024)
South Sudan (Extended until May 3, 2025)
Sudan (Extended until April 19, 2025)
Syria (Extended until March 31, 2024)
Ukraine (Extended until April 19, 2025)
Venezuela (Extended until April 2, 2025)
Yemen (Extended until September 3, 2024)
Past TPS Designated Countries:
Several countries or parts of countries that once had TPS designations, but are now terminated, include Angola, Bosnia-Herzegovina, Burundi, Guinea, Guinea-Bissau, Kosovo, Kuwait, Lebanon, Liberia, Montserrat, Rwanda, and Sierra Leone.
TPS and Permanent Residence or Citizenship:
TPS does not offer a separate path to permanent residence or citizenship. However, TPS recipients eligible for permanent residence may apply for that status. The Supreme Court ruled in June 2021 that TPS recipients who entered without inspection are not eligible to adjust to permanent residence within the U.S. They must depart the country to process a visa at a consular post, potentially triggering re-entry bars.
Conclusion:
When a TPS designation ends, beneficiaries revert to their previous immigration status, unless expired or a new status is acquired. Deferred Enforced Departure (DED) and Extended Voluntary Departure (EVD) are related to TPS, providing similar benefits based on foreign policy authority and discretionary authority of the Attorney General, respectively. DED and EVD have specific criteria and differences in their application.