Temporary Protected Status (TPS)

Temporary Protected Status (TPS) is a humanitarian immigration status the Department of Homeland Security can grant to nationals of countries experiencing ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions that make safe return impossible. Under 8 U.S.C. § 1254a, the DHS Secretary may designate a country for TPS for an initial period of 6 to 18 months, with the ability to redesignate and extend. TPS provides work authorization and protection from deportation — but it does not create a path to permanent residency or citizenship on its own. As of 2026, approximately 700,000+ people from over a dozen countries hold TPS, including nationals from Venezuela, El Salvador, Honduras, Haiti, and Ukraine. TPS is renewed (or terminated) by administrative action — it can be ended without congressional approval, making TPS holders acutely vulnerable to changes in administration. The Trump administration's 2017-2019 attempts to terminate multiple TPS designations were blocked by federal courts; the Biden administration reinstated and expanded them; the 2025 Trump administration revoked several designations again, triggering new litigation. TPS holders who have lived in the U.S. for years, built careers, and raised U.S. citizen children face removal if their designation ends — a policy tension that sits at the center of ongoing immigration reform debates.

Current Law (2026)

Legal Authority

• 8 U.S.C. § 1254a — Temporary protected status (designation criteria, registration, employment authorization, duration, termination procedures)
• 8 U.S.C. § 1254b — Fees for TPS program (fingerprinting, biometrics, registration fees)

Implementing Regulations (8 CFR Part 244)

• 8 CFR § 244.1 — Definitions: temporary protected status, designated country, registration period, re-registration
• 8 CFR § 244.2 — Eligibility: nationals of designated countries; continuous physical presence and continuous residence since designation date; not inadmissible on criminal, security, or persecution grounds; timely registration
• 8 CFR § 244.3 — Application process: Form I-821 filed during registration/re-registration window; supporting documentation of nationality, presence, and residence; biometrics collection
• 8 CFR § 244.6 — Employment authorization: TPS holders receive employment authorization document (EAD) valid for the designation period; automatic extension of EADs during re-designation
• 8 CFR § 244.7 — Travel authorization: TPS holders may request advance parole (Form I-131) for travel abroad; departure without advance parole may terminate TPS
• 8 CFR § 244.9 — Withdrawal of TPS: DHS may withdraw TPS if the holder is found ineligible, fails to re-register, or becomes inadmissible; notice and opportunity to respond
• 8 CFR § 244.10 — Termination of designation: Secretary must review conditions at least 60 days before expiration; termination requires Federal Register notice; holders revert to pre-TPS status
• 8 CFR § 244.14 — Judicial review: limited — federal courts may review denial of individual applications but designation/termination decisions are generally not reviewable

EOIR counterpart — 8 CFR Part 1244: The Department of Justice's Executive Office for Immigration Review (EOIR) administers a parallel set of TPS regulations at 8 CFR Part 1244 covering TPS matters within immigration court proceedings. Key EOIR-side provisions:

• § 1244.2 — Eligibility (EOIR version): same eligibility standards as Part 244 but applied when TPS is raised in immigration court — an alien in removal proceedings may claim TPS protection; the immigration judge must determine eligibility before proceedings may continue
• § 1244.10 — Decision by director or Administrative Appeals Unit (AAU): when USCIS denies a TPS application, the alien may renew the application before an immigration judge; the IJ conducts a de novo review of the TPS eligibility determination
• § 1244.11 — Renewal and BIA appeal: if an IJ denies TPS, the alien may appeal to the Board of Immigration Appeals (BIA); a BIA denial is the final administrative decision and may be appealed to the appropriate U.S. Court of Appeals
• § 1244.12 — Employment authorization during proceedings: while a TPS application is pending before the IJ, the alien retains any employment authorization document previously issued; new EADs may be issued pending final determination
• § 1244.14 — Withdrawal: the USCIS district director may withdraw TPS even during immigration court proceedings; withdrawal triggers a de novo review before the IJ
• § 1244.16 — Confidentiality: information in the TPS application and supporting documents may not be released to third parties without the alien's written consent; this confidentiality provision protects TPS applicants who have disclosed information about their home country situation

The EOIR Part 1244 framework matters most for TPS holders who are in removal proceedings: a TPS grant operates as a stay of removal for the designation period, but the grant must be adjudicated through the EOIR system when the TPS question arises in court rather than in an independent USCIS application. The dual-track structure (USCIS under Part 244 for initial applications; EOIR under Part 1244 for court proceedings) reflects the historical division of immigration authority between DHS and DOJ.

How It Works

Temporary Protected Status is a humanitarian immigration program that allows nationals of designated countries to live and work legally in the United States when conditions in their home country make return unsafe. TPS does not lead to permanent residence — it is, as the name says, temporary, though in practice some designations have been renewed continuously for decades.

The Secretary of Homeland Security may designate a country on three grounds: ongoing armed conflict posing a serious threat to returning nationals; an environmental disaster (earthquake, flood, epidemic) that the country has asked the U.S. to recognize; or other extraordinary and temporary conditions preventing safe return that wouldn't be contrary to U.S. national interests. Each designation lasts 6 to 18 months and must be reviewed before expiration. To qualify, a person must be a national of the designated country (or a stateless person who last habitually resided there), must have been continuously physically present in the U.S. since the designation date, must not be inadmissible on criminal or security grounds, and must register during the open registration period. TPS holders receive employment authorization (a work permit valid for the designation period), protection from removal, and may apply for advance parole to travel abroad and return. TPS does not itself create a path to a green card or citizenship — but TPS holders who obtain advance parole, travel, and re-enter the U.S. may become eligible for adjustment of status if they have another qualifying basis (an approved family or employment petition).

When a designation terminates, TPS holders revert to whatever immigration status they held before — for many, that means undocumented status and potential removal proceedings. The Secretary must provide at least 60 days' notice before termination. Litigation has frequently delayed or blocked terminations. As of 2026, over a dozen countries have active TPS designations — El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, Yemen, and others — some continuously renewed for 20+ years, creating a population of long-term TPS holders with deep U.S. ties who remain in perpetual temporary status.

How It Affects You

If you're from a TPS-designated country and hold or are seeking TPS: Registration is not automatic — you must file Form I-821 during each open re-registration window (and Form I-765 for your work permit), typically a 60-day window before the current designation expires. Missing the window can mean losing your status entirely. Check current registration deadlines at uscis.gov/tps and file early — USCIS processes take time, and filing with weeks to spare rather than days avoids the risk of lapse. Your Employment Authorization Document (EAD) is tied to your TPS designation period; when DHS extends a designation, USCIS typically automatically extends EADs for holders who filed timely re-registration applications, but you still need the extension notice for I-9 reverification with your employer. Keep copies of every filing with a tracking number, and check your case status at egov.uscis.gov. If you've been in the U.S. for years under TPS and have never received notice from DHS that you failed to maintain eligibility, you are likely in continuous valid status — but consult an immigration attorney before any international travel, since departing without advance parole (Form I-131) can terminate your TPS.

If you're a TPS holder exploring a path to permanent residency: TPS alone does not lead to a green card, but there are two pathways worth understanding with an attorney. First, if you have an approved immigrant visa petition (I-130 from a U.S. citizen spouse or child, or an employment-based I-140), you may be able to use advance parole (Form I-131) to travel abroad and re-enter the U.S. — creating a "lawful admission" that makes you eligible to adjust status (file Form I-485) without leaving for a consular interview. This strategy was blessed in Flores v. USCIS in the Ninth Circuit but is contested elsewhere, and the Trump administration has issued guidance restricting it in some contexts. Second, if TPS is terminated for your country, a pending adjustment application may protect you during litigation over the termination. Both strategies are fact-specific and require an experienced immigration attorney. Find low-cost legal aid through immigrationadvocates.org/legaldirectory or nilc.org.

If you employ TPS holders: TPS work authorization is period-specific — your employee's EAD is valid through the current designation period. When DHS extends a TPS designation, it typically issues an automatic extension of EADs for holders with pending or approved re-registration, documented in a Federal Register notice. That Federal Register notice is the document your HR/payroll team uses for I-9 reverification — it replaces the physical EAD as proof of continued work authorization during the transition. You cannot treat a TPS holder differently than other workers because of their TPS status: demanding extra documentation, delaying start dates, or requiring I-9 re-verification more frequently than legally required can constitute national-origin or citizenship discrimination under the Immigration and Nationality Act's anti-discrimination provisions. Review the USCIS I-9 Central resource at uscis.gov/i-9-central for current automatic extension lists and reverification guidance.

If you're undocumented and from a country that just received a new TPS designation: A fresh TPS designation is an opportunity even if you currently have no legal status. You may qualify for TPS even if you are in removal proceedings, have an outstanding order of removal, or entered without inspection — as long as you meet the continuous physical presence and continuous residence requirements for the specific designation dates, and you are not subject to one of the criminal or security bars. Check the designation's specific "registration period open date" and "required presence by" date at uscis.gov/tps — these dates determine who qualifies, and they vary by country. File promptly once the registration window opens. If you are in removal proceedings, tell your immigration judge you have applied for TPS and request a continuance pending the TPS adjudication. Organizations like CLINIC (cliniclegal.org) and ILRC (ilrc.org) provide practitioner guidance on TPS applications for complex cases.

State Variations

This is exclusively federal law — no state variations apply. However, state policies toward TPS holders vary in practice: some states grant driver's licenses and in-state tuition to TPS holders, while others treat them differently from other work-authorized noncitizens.

Pending Legislation

• HR 6946 — Temporary Protected Status Reform Act of 2026: ends TPS for five countries, forces 180-day wind-down, bars redesignation without new congressional authorization. Status: Introduced.
• HR 7014 — Provides TPS designation for Burma for 18 months. Status: Introduced.
• H Res 965 — Requires DHS to designate Haiti for TPS through Jan. 20, 2029. Status: Introduced.
• H Res 1046 — Designates Venezuela for TPS under INA section 244. Status: Introduced.

Recent Developments

TPS designations and terminations remain highly contentious. Multiple federal lawsuits have challenged TPS termination decisions, with courts issuing injunctions that kept protections in place for hundreds of thousands of people. The Biden administration redesignated several countries and designated new ones (including Ukraine following the 2022 Russian invasion). TPS for Venezuela was expanded significantly in 2023-2024. Administrative processing backlogs have caused delays in EAD renewals, leaving some TPS holders in limbo between designation periods.

• Trump administration terminates TPS for multiple countries (2025-2026): DHS terminated TPS designations for Venezuela, El Salvador, Ukraine, Haiti, Yemen, and other countries — reversing Biden-era designations and redesignations. Federal courts blocked terminations for some countries via injunctions; the Supreme Court's 2021 Sanchez v. Mayorkas decision (holding that TPS holders who entered without inspection cannot adjust status through TPS) limits legal pathways for some affected individuals. The Yemen TPS termination (March 2026) affects approximately 1,500 Yemeni nationals. The Venezuela terminations affect an estimated 350,000+ people; litigation continues. TPS holders facing termination should consult an immigration attorney immediately about alternative status options, as EADs expire with the designation.