Published April 2, 2022

Introduction to TPS

Temporary Protected Status (TPS) is a program created by Congress under the Immigration Act of 1990 to allow immigrants currently residing in the United States to remain temporarily. TPS holders are individuals from countries experiencing armed conflict or natural disasters, granting them the right to work and live in the United States. TPS has an active extension through August 3, 2025. While TPS provides important relief, it is a temporary measure that is often at risk depending on presidency.

The Secretary of Homeland Security determines whether nationals from specific countries qualify for TPS. This decision is based on conditions in their respective countries, such as ongoing armed conflict, environmental disasters, or other extraordinary circumstances that make it unsafe for individuals to return.

Preliminary eligibility for TPS allows individuals to remain in the United States without being removed, obtain an employment authorized document (EAD), and may be granted travel authorization. TPS recipients cannot be detained by the Department of Homeland Security (DHS) based on their immigration status. While these are great benefits, TPS is still a temporary safety net and does not lead to lawful permanent residency. However, TPS does not prevent individuals from applying for nonimmigrant status, filing for an adjustment of status based on immigrant petition, or apply for any other immigration benefit. For eligibility requirements, please visit USCIS. All TPS beneficiaries must re-register during each re-registration period to maintain TPS eligible.

At the moment, eligible TPS candidates are limited to the following countries: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.

How the Trump Administration poses a threat to TPS

There is uncertainty if TPS will continue under the upcoming Trump administration. In the previous Trump administration, they announced their plan to allow TPS to expire for the ten countries that then benefited from the program. Multiple court cases directly fought this apathy, resulting in an extension by the Trump administration to extend TPS. The NorCal TPS Coalition fought to ensure that the more than 400,000 migrants who held TPS could thrive without fear. In 2019, U.S. House of Representatives passed the American Dream and Promise Act which, according to the National Immigration Forum, “would provide Dreamers, Temporary Protected Status (TPS) holders and individuals with Deferred Enforced Departure (DED) with protection from deportation and an opportunity to obtain permanent legal status in the United States if they meet certain requirements.” This was a giant step in the right direction, but of course it sat at the feet of the Republican-controlled Senate.

On Monday, February 26, 2024, ACLU reported the six-year lawsuit, Ramos v. Mayorkas, brought by TPS holders and their U.S citizen children, successfully prevented the Trump administration from terminating TSP for over 400,000 individuals from the countries of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. While TPS has been safeguarded and even extended to through August 3, 2025, we want to continue to pressure our lawmakers to not give up and to make protecting TPS a central issue in their campaigns and in the eyes of the public, and to pressure the Senate to pass a version of the American Dream and Promise Act. 

We must continue the fight in preparation of the Donald Trump, who is scheduled for inauguration on Monday, Jan 20, 2025. Concerns about Trump’s current stance on TPS were addressed when Donald Trump was asked on 09/11/2024 about his thoughts on revoking TPS for Haitian migrants. Trump responded with “You have to remove the people, and you have to bring them back to their own country. They are, in my opinion, it’s not legal.” Although, TPS’s fate lies at the hands of Congress because it was established through congressional legislation, Congress is majority republican – 219 republican seats, 211democrats, and 5 vacancies. There is little doubt that congressional republicans won’t follow allowing with the whims of Donald Trump. 

The Current State of TPS

A great percentage of TPS applicants and holders come from countries that struggle with violence and instability. And since moving to the United States, they have built constructive lives in the United States – raising families, paying taxes, contributing to social security, buying homes, and establishing careers. It is unfair and irresponsible that the U.S. government has not created a plan for these immigrants to gain permanent residency, despite their contributions to our communities and economy. In 2018, the Trump administration moved to cancel TPS for ten countries, affecting over 400,000 people. This decision would have disastrous effects not only on the families of these individuals but also on our communities and economy.

In the United States there are approximately 279,200 U.S.-born children of TPS holders. The expiration of TPS would be devastating to these families. Parents in this situation have two choices: one is to leave their children in the United States and return to their country of origin, which could result in the traumatization of these children that they may carry with them for the rest of their lives. Their second choice would be to return to their country of origin with their children, which would be highly dangerous. In addition, the children, who are U.S. citizens, would lose out on educational and career opportunities that are more accessible in the United States. TPS holders and their children live in fear that if their TPS expires, it will uproot their entire family. Read about what it’s like to be under TPS here

Besides the clear moral dilemma canceling TPS would pose, our economy and communities would also be greatly affected by the removal of TPS holders. Because many of these immigrants have resided in the country for significant periods of time, many have bought homes with mortgages, contributed to Social Security and Medicare, and established themselves as workforces in vital industries across the country. The employment rate for Honduras, El Salvador, and Haiti (the countries that have the most TPS holders), falls between 81 to 88 percent compared to the 63 percent rate for the United States as a whole. The industries that they contribute to most notably are construction, food services, landscaping services, child care services, and grocery stores. If TPS were cancelled it would create a giant hole in these industries – all of which are imperative to our communities. According to the American Community Service survey, it is estimated that the removal of TPS holders from our communities would result in a $6.9 billion reduction to Social Security and Medicare. In a report by Nicole Svajlenka, a senior policy analyst with the Center for American Progress, the country could lose out on $164 billion to the Gross Domestic Product over the next decade if TPS is cancelled.

Video produced by Lizvett Guizar and Maria Vitule

Since Trump has announced plans to let TPS expire, we must prepare to defend TPS holders and their families. As with the fight in Ramos v. Mayorkas, litigation and protest will likely be necessary. Through perseverance and commitment, we can protect TPS beneficiaries and ensure their safety.

Written by Nina Suzuki
updated  by Anibal Pablo – 01/02/2025