At The Law Office of Jesse Sanchez, we understand how important Temporary Protected Status (TPS) can be for our clients. Recently, several changes and updates have been made to the TPS program, affecting many people seeking protection. This blog post will provide an overview of the latest TPS designations, extensions, and what they mean for everyone affected.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to nationals of certain countries facing unsafe conditions that prevent them from returning safely. The Secretary of Homeland Security designates or extends TPS for countries based on specific criteria, such as ongoing armed conflict (e.g., civil war), environmental disasters (e.g., earthquakes or hurricanes), or other extraordinary and temporary conditions.
TPS beneficiaries are protected from deportation and are eligible for work authorization and travel permits. However, TPS does not provide a direct path to permanent residence or citizenship.
Recent TPS Designations and Extensions
Over the past year, there have been significant updates to TPS designations and extensions, impacting nationals from several countries. Here are some of the most recent changes:
- Venezuela: In July of 2024, the Department of Homeland Security (DHS) extended and redesignated Venezuela for TPS. This extension is valid from March 11, 2024, through March 10, 2025. Venezuelan nationals and individuals without nationality who last lived in Venezuela and have been continuously residing in the U.S. since July 11, 2024, are eligible to apply. This redesignation allows more Venezuelans to apply for TPS, even if they had not previously registered.
- Haiti: In January 2024, DHS extended and redesignated TPS for Haiti, allowing eligible Haitian nationals who have been continuously residing in the U.S. since November 6, 2023, to apply for TPS. This decision came in response to ongoing gang violence, political instability, and economic challenges in Haiti. The extension is valid through August 3, 2025.
- Sudan and South Sudan: In September 2023, the Biden Administration announced the extension and redesignation of TPS for Sudan and South Sudan. Both designations are effective from October 20, 2023, through April 19, 2025. The decision came in response to ongoing armed conflict and humanitarian crises in both countries.
- Ukraine: The TPS designation for Ukraine has been extended through October 19, 2025, due to the ongoing Russian invasion and resulting humanitarian crisis. This extension allows Ukrainian nationals who have been continuously residing in the U.S. since August 19, 2023, to continue benefiting from TPS protections. New applicants who have arrived since the conflict began but before the continuous residence date may also apply.
- El Salvador, Honduras, Nicaragua, and Nepal: In June 2024, DHS extended TPS designations for El Salvador, Honduras, Nicaragua, and Nepal. The extensions are valid through June 30, 2025, providing continued protection to nationals from these countries. While these designations were not newly issued and do not allow for new registrations, they help provide safety and security for TPS holders already in the United States.
Important Things for TPS Holders to Remember:
If you are a national of a TPS-designated country or an individual who last habitually resided in such a country, here are some critical things to consider:
- Check Eligibility Requirements: Each TPS designation has specific criteria, including continuous residence and continuous physical presence dates. Make sure you meet these requirements before applying.
- Timely Re-Registration: For people already granted TPS, timely re-registration is essential to maintain your status and work authorization. Pay attention to Federal Register notices announcing registration periods and deadlines.
- Employment Authorization Documents (EADs): TPS beneficiaries are eligible for Employment Authorization Documents (EADs). Ensure your EAD is valid, and apply for a renewal if necessary. Automatic extensions may apply in certain situations, but it’s crucial to stay informed about your specific circumstances.
- Advanced Parole for Travel: If you need to travel outside the U.S., TPS beneficiaries must apply for Advanced Parole. Traveling without this permission may lead to termination of your TPS status.
- Stay Informed About Changes: TPS designations and extensions can change based on conditions in the designated countries and policy shifts in the U.S. government. Staying updated on the latest news and developments are critical for maintaining your legal status.
The Future of TPS: What to Expect
TPS is always changing with political and humanitarian situations in various countries affecting new designations and extensions. The Biden Administration has shown a willingness to use TPS as a tool to provide relief to those fleeing unstable and unsafe conditions, but each decision is carefully reviewed and announced by DHS.
There is ongoing advocacy for more comprehensive immigration reform that would provide permanent solutions for TPS holders who have built lives in the U.S. Many TPS holders have lived in the U.S. for decades and have deep ties to their communities, and a pathway to permanent residency or citizenship is long overdue. Our firm continues to stay up to date on TPS and policy changes so we can best represent our client’s needs.
Conclusion
Temporary Protected Status (TPS) continues to be a vital humanitarian program, offering protection and stability to nationals from countries facing dire conditions. The recent extensions and redesignations reflect the government’s ongoing commitment to safeguarding individuals who cannot safely return to their home countries. For people affected, understanding these updates and staying informed is key to navigating the complexities of the TPS process. If you or a loved one is impacted by the recent changes in TPS designations, it's essential to consult with an experienced immigration attorney. At The Law Office of Jesse K. Sanchez, we specialize in helping people navigate the TPS process, from initial applications to re-registration and beyond. Contact us today by calling (317) 721-9858 to discuss your situation and explore your options for relief under TPS, we are here to help!