Temporary Protected Status (TPS) has served as a critical humanitarian tool in U.S. immigration policy since 1990, offering safe haven to foreign nationals from countries experiencing armed conflict, natural disasters, or other destabilizing conditions. This blog delves into the origins, mechanics, current designations, controversies, and recent policy shifts surrounding TPS, providing a detailed overview for policymakers, advocates, and migrants alike.

What Is TPS and Why Was It Created?

Congress established TPS through the Immigration Act of 1990 to address humanitarian crises abroad by allowing affected foreign nationals already in the United States to live and work legally for an initial period of up to eighteen months, renewable indefinitely if unsafe conditions persist. Although TPS holders are not lawful permanent residents or U.S. citizens, many have resided in the U.S. for decades under TPS protection, contributing to local economies and communities.

The first TPS designation applied to Salvadorans fleeing civil war in 1990. Since then, TPS has enjoyed bipartisan support, with successive administrations using it as a flexible response to evolving global emergencies.

How TPS Works-Eligibility and Application Process

The Secretary of Homeland Security designates TPS for a country upon determining that conditions, such as armed conflict, environmental disaster, or extraordinary temporary circumstances, prevent the safe return of nationals. Designations take effect through a Federal Register notice and typically last for eighteen months, subject to extension.

Eligibility Criteria

In order to qualify for TPS, an individual must:

1. Be a national of a foreign country with a TPS designation (or if stateless, have last habitually resided in a country with a TPS designation);

2. Be continuously physically present in the United States since the effective date of designation;

3. Have continuously resided in the United States since a date specified by the Secretary of Homeland Security; and

4. Not be inadmissible to the United States or be barred from asylum for certain criminal or national security-related reasons, such as individuals who have been convicted of any felony or two or more misdemeanors.

Nationals of a designated country do not automatically receive TPS, but instead must register during a specific registration period and pay significant fees. In addition, an individual’s immigration status at the time of application for TPS has no effect on one’s eligibility, nor does the previous issuance of an order of removal.

Post-Expiration Status

If a country’s TPS designation ends, beneficiaries revert to their prior immigration status—often undocumented—unless they pursue other legal avenues such as family-sponsored petitions or employment visas. Those with U.S. citizen or lawful permanent resident relatives may adjust status through family-based pathways; however, an unlawful entry often hinders transition to permanent residency.

Countries Currently Designated for TPS

As of June 2025, the following 17 countries were designated for TPS and the designation had not expired:

• Afghanistan (Extended until July 14, 2025)
• Burma (Valid through November 25, 2025)
• Cameroon (Extended until August 4, 2025)
• El Salvador (Extended until September 9, 2026)
• Ethiopia (Valid through December 12, 2025)
• Haiti (Extended through February 3, 2026)
• Honduras (Extended until July 5, 2025)
• Lebanon (Valid through May 27, 2026)
• Nepal (Extended until August 5, 2025)
• Nicaragua (Extended until July 5, 2025)
• Somalia (Extended until March 17, 2026)
• South Sudan (Extended until November 3, 2025)
• Sudan (Extended until October 19, 2026)
• Syria (Extended until September 30, 2025)
• Ukraine (Extended until October 19, 2026)
• Venezuela (2021 Designation extended until September 10, 2025)
• Yemen (Extended until March 3, 2026)

Countries Previously Designated for TPS

Since TPS was created, the following countries or parts of countries have had TPS designations that are now terminated:

• Angola (Expired March 29, 2003)
• Bosnia-Herzegovina (Expired February 10, 2001)
• Burundi (Expired May 2, 2009)
• Guinea (Expired May 21, 2017)
• Guinea-Bissau (Expired September 10, 2000)
• Province of Kosovo (Expired December 8, 2000)
• Kuwait (Expired March 27, 1992)
• Lebanon (Expired April 9, 1993)
• Liberia (Expired May 21, 2017)
• Montserrat (Expired August 27, 2004)
• Rwanda (Expired December 6, 1997)
• Sierra Leone (Expired May 21, 2017)
• Venezuela (2023 designation terminated April 7, 2025)

The Policy Debate: Humanitarian Relief VS. “Temporary” Intent

Arguments in Favor

1. Humanitarian Imperative: TPS offers immediate relief to individuals who lack safe return options. Proponents emphasize its role in preserving family unity and allowing beneficiaries to work legally, thus avoiding destitution and irregular employment.

2. Economic Contributions: Most TPS holders are employed, contributing wages, taxes, and consumer spending. Studies estimate that terminating TPS for Haitian, Honduran, and Salvadoran migrants in 2017 would have generated nearly $1 billion in turnover costs for U.S. businesses and harmed economies reliant on remittances.

Criticisms and Limitations

1. Lack of Permanent Pathway: Critics argue that TPS’s temporary design undermines stability for recipients who often build lives over decades, yet face perpetual uncertainty without a direct path to citizenship.

2. Program Overreach: Some policymakers maintain that TPS should remain strictly temporary. They contend that indefinite renewals deviate from legislative intent, effectively creating a de facto permanent program without congressional authorization.

Trump and Biden: TPS Under Recent Administrations

Trump Administration Actions

President Trump’s administration sought to terminate TPS for several major beneficiary countries, arguing that conditions had sufficiently improved. These terminations faced multiple lawsuits, leading courts to block implementation on grounds of constitutional and equal protection concerns.

Biden Administration Reversals and Expansions

President Biden pledged to reverse restrictive TPS policies and had:

1. Renewed and resumed TPS protections for countries targeted by the prior administration.

2. Added first-time designations for Myanmar (2021), Venezuela (2021, expanded 2023), Afghanistan (2022), Cameroon and Ethiopia (2022), and Ukraine (2022).

3. Extended TPS for Haiti amid political unrest and Haiti’s 2021 earthquake aftermath, and for countries impacted by COVID-19.

Biden had also proposed legislative reforms, such as the American Dream and Promise Act of 2021, to grant conditional permanent residency for TPS beneficiaries living in the U.S. since specified dates and to establish an eight-year path to citizenship for broader undocumented populations, though these measures remain stalled in Congress.

Pathways to Citizenship: Legislative Proposals

While TPS itself does not confer a direct route to permanent residency, several bills aim to fill this gap:

• 1. American Dream and Promise Act of 2021: Creates conditional permanent resident status for eligible TPS and Deferred Enforced Departure recipients, valid for up to ten years, with a potential path to full residency.

• 2. U.S. Citizenship Act of 2021: Outlines an eight-year path to citizenship for nearly eleven million undocumented immigrants, including certain long-term TPS holders.

Despite passage in the House, these proposals face uncertain prospects in a divided Senate, leaving TPS beneficiaries in limbo.

Ways SwiftPass Immigration Supports TPS Beneficiaries

At SwiftPass Global Immigration, we understand the unique challenges faced by Temporary Protected Status holders—from navigating complex eligibility criteria to securing work authorization and renewing status before deadlines. Our specialized TPS support services include:

1. Eligibility Assessment: We conduct a thorough case review to confirm continuous U.S. presence and admissibility, minimizing the risk of application denials.

2. Document Preparation & Filing: Our expert team prepares and files Form I‑821 (TPS application) and Form I‑765 (work permit request), ensuring completeness and accuracy to meet USCIS requirements.

3. Renewal Management: We track your TPS expiration dates, file timely extensions, and handle any Requests for Evidence (RFEs), so you maintain uninterrupted protection and employment authorization.

4. Integration Support: Beyond paperwork, SwiftPass provides tailored guidance on accessing community resources, understanding work rights, and exploring pathways, such as family‑based petitions or future legislative relief, to transition toward permanent residency.

By offering end‑to‑end TPS assistance, SwiftPass Immigration not only helps beneficiaries secure and extend their protected status but also empowers them to fully integrate into their communities and plan for long‑term stability.

Looking Ahead: Reforming TPS for the Twenty-First Century

Growing advocacy from immigrant rights groups, legal experts, and local governments calls for:

1. Congressional Action to codify permanent residency pathways for TPS holders.

2. Streamlined Adjustment Processes, reducing bureaucratic hurdles for beneficiaries with U.S.-based family or employment ties.

3. International Best Practices drawing lessons from the EU’s Temporary Protection Directive and Colombia’s ten-year status for Venezuelans.

Such reforms could reconcile TPS’s humanitarian goals with the realities of long-term integration, providing clearer, fairer outcomes for hundreds of thousands of individuals.