What Is Temporary Protected Status and Deferred Enforced Departure?
Temporary Protected Status? Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of certain designated countries. TPS status is given to aliens who are in the United States and who are temporarily unable to safely return to their home country because of ongoing armed conflict, the temporary effects of an environmental disaster, or other extraordinary and temporary conditions.
The Secretary of Homeland Security has the authority to designate TPS countries or regions of a country included in the TPS program. When a country has been designated under the TPS program, TPS beneficiaries may remain in the United States and may obtain work authorization for the period of time indicated by the DHS. TPS does not, however, lead to permanent resident status. When the TPS designation of a country is terminated, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. So, if a person did not have lawful status prior to receiving TPS and did not obtain any status during the TPS period, the alien reverts to unlawful status upon the termination of that TPS designation and may subsequently removed from the country.
A national of a country (or alien having no nationality who last habitually resided in that country) designated for TPS can apply for benefits under the TPS program if he or she:
Establishes continuous physical presence and continuous residence in the United States for a specified period of time;
Is not subject to one of the criminal, security-related, or other bars to TPS; and
Applies for TPS benefits in a timely manner and re-registers to maintain his or her benefits under the TPS program if the Secretary of Homeland Security extends a TPS designation beyond the initial designation period.
An alien is not eligible for TPS if s/he:
Has been convicted of any felony or two or more misdemeanors committed in the United States;
Is a persecutor, terrorist or otherwise subject to one of the bars to asylum; or
Is subject to one of several criminal-related grounds of inadmissibility for which a waiver is not available.
Deferred Enforced Departure (DED) Like TPS, DED is a temporary protection from removal which is granted to aliens from a designated country. Unlike TPS, DED is designated by the President of the United States of America, as a constitutional power to conduct foreign relations.
The Secretary of Homeland Security can designate a country for TPS, but the President is the one to designate DED for nationals of a particular country by Executive Order or Presidential Memorandum.
Annette Vitale-Salajanu
Extension Unit Educator, Immigration
Cook County Unit
Enterprise Center
2205 Enterprise Drive, Suite 501
Westchester, IL 60154
Phone: 708-449-4320 FAX: 708-492-1805 avitale@uiuc.edu