Understanding Temporary Protected Status (TPS)
Temporary Protected Status (TPS) offers temporary relief from deportation and work permits to individuals already in the United States when their home countries experience natural disasters, armed conflicts, or other extraordinary events.
The Secretary of Homeland Security has the authority to grant TPS to individuals from specific countries for durations ranging from six to eighteen months. Two months before the status expires, the Secretary must decide whether to renew it, extend it to include new arrivals from that country, or terminate it.
Trump’s Handling of TPS During His First Term
During his first administration, Trump attempted to terminate most TPS enrollments as part of a broader offensive against both legal and illegal immigration.
The administration that began in January 2017 moved to end TPS for approximately 400,000 individuals from El Salvador, Haiti, Honduras, Nicaragua, Nepal, and Sudan—constituting the majority of TPS enrollees.
However, federal courts blocked these attempts, keeping TPS designations active throughout Trump’s first term, which concluded in 2021.
TPS Under Biden’s Administration
Joe Biden, a Democrat who assumed office in 2021, sought to preserve existing TPS enrollments and expand the program to include hundreds of thousands of migrants from other nations. He granted TPS status to individuals from Afghanistan, Cameroon, Ethiopia, Lebanon, Myanmar, Ukraine, and Venezuela while broadening eligibility for Haitians and others.
Venezuelans constituted the largest group, with over 600,000 eligible for protection by the end of Biden’s term. By the end of his presidency, there were 10 countries with TPS compared to 10 in 2020.
In the days before Biden left office, then-Secretary of Homeland Security Alejandro Mayorkas granted an additional 18 months of TPS to immigrants from El Salvador, Sudan, Ukraine, and Venezuela—a groundbreaking move seemingly to help them remain in the country following Trump’s arrival.
Trump’s Actions Regarding TPS So Far
Current Secretary of Homeland Security Kristi Noem revoked the TPS extension for Venezuelans from the Biden era just over a week after Trump took office, stating that the new administration did not want to be bound by Mayorkas’ last-minute decision and wanted to eliminate alleged gang members from Venezuela.
Noem terminated TPS for around 348,000 Venezuelans in early February, placing them on track to lose deportation protections and work permits by April. The remaining approximately 600,000 Venezuelans have protections set to expire in September, meaning Noem would make that decision in July.
Noem has also revoked the Biden-era TPS extension for 521,000 Haitians, causing their protections to expire in August unless a moratorium is issued. Similar actions have been taken for Afghans and Cameroonians.
The Supreme Court’s Monday order may encourage lower courts to allow deportations to proceed while litigation continues.
Response to TPS Termination
At least four lawsuits have been filed against Noem’s measures to withdraw TPS protections from Venezuelans and Haitians.
In March, a federal judge in San Francisco blocked the suppression of TPS for Venezuela, arguing that the government’s description of immigrants as criminals “smacks of racism.” In April, the Ninth Circuit Court of Appeals declined to stay the lower court’s order.
The government appealed to the Supreme Court, which issued Monday’s order allowing the termination to proceed while litigation continues.
Key Questions and Answers
- What is Temporary Protected Status (TPS)? TPS provides temporary relief from deportation and work permits to individuals already in the U.S. when their home countries face natural disasters, armed conflicts, or other extraordinary events.
- How did Trump handle TPS during his first term? Trump attempted to terminate most TPS enrollments as part of a broader offensive against both legal and illegal immigration. However, federal courts blocked these attempts, keeping TPS designations active throughout his first term.
- What changes did Biden make to TPS? Biden sought to preserve existing TPS enrollments and expand the program, granting TPS status to individuals from Afghanistan, Cameroon, Ethiopia, Lebanon, Myanmar, Ukraine, and Venezuela. By the end of his term, there were 10 countries with TPS.
- What actions has Trump taken regarding TPS since returning to office? Current Secretary of Homeland Security Kristi Noem has revoked TPS extensions for Venezuelans and Haitians, placing thousands on track to lose deportation protections and work permits.
- What is the response to these TPS terminations? Multiple lawsuits have been filed against Noem’s measures to withdraw TPS protections from Venezuelans and Haitians. The Supreme Court’s recent order allows the terminations to proceed while litigation continues.
