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RS20844 — Temporary Protected Status and Deferred Enforced Departure

Reports · published 2025-08-28 · v79 · Active · crsreports.congress.gov ↗

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Authors
Jill H. Wilson
Report id
RS20844
Summary

When civil unrest, violence, or natural disasters erupt in countries around the world, concerns arise over the ability of foreign nationals present in the United States who are from those countries to safely return. Congress created temporary protected status (TPS) in 1990 to provide protection from removal to such individuals—regardless of their immigration status. The Secretary of the Department of Homeland Security (DHS) has the discretion to designate a country for TPS for periods of 6 to 18 months and can extend these periods if the country continues to meet the conditions for designation. A foreign national from a designated country who is granted TPS receives a registration document and employment authorization for the duration of the TPS designation. In addition to TPS, there is another form of blanket relief from removal known as deferred enforced departure (DED). DED is a temporary, discretionary, administrative stay of removal granted to foreign nationals from designated countries. Unlike TPS, a DED designation emanates from the President’s constitutional powers to conduct foreign relations and has no statutory basis. As of March 31, 2025, 17 countries were covered by TPS designations: Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. The second Trump Administration has announced terminations of TPS designations for several of these countries, and some terminations are subject to ongoing litigation. As of March 31, 2025, approximately 1,297,635 foreign nationals in the United States from these countries were protected from removal by TPS. In addition, certain, Lebanese, Liberians, and residents of Hong Kong living in the United States currently maintain relief under DED. A DED grant for certain Palestinians expired on August 13, 2025. Over the past decade, there has been debate about whether foreign nationals who have been living in the United States for long periods of time with TPS or DED should have a pathway to lawful permanent resident (LPR) status. Two bills that would have provided LPR status to certain TPS and DED recipients passed the House in the 117th Congress; the Senate did not take action on either. Various bills related to TPS and DED were introduced in the 118th and 119th Congresses. Among them are proposals to designate certain countries for TPS, provide additional benefits to TPS or DED recipients, or provide a pathway to LPR status, while others would further restrict individual eligibility for TPS or require an act of Congress to designate countries for TPS. P.L. 119-21 increased the TPS application fee and the employment authorization fee for TPS holders.

Bills cited (42)

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