DHS extends Temporary Protected Status, continuing associated work authorization
The Department of Homeland Security (“DHS”) may designate a foreign country for Temporary Protected Status (“TPS”) due to conditions in that country that temporarily prevent its nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. DHS may grant TPS to qualifying individuals who are nationals of these designated countries. Individuals who have been granted TPS have temporary permission to remain in the United States, cannot be detained by the DHS on the basis of their immigration status, and typically are provided work authorization. Their work authorization is demonstrated by an Employment Authorization Document (“EAD”).
In 2017 and 2018, President Trump attempted to end TPS for several nationalities putting more than 300,000 people at risk of losing their legal relief. Last fall, the Biden Administration announced an 18-month TPS extension for multiple countries. Additionally, since taking office, President Biden has designated six new countries for TPS and redesignated six other nations, making an estimated additional 712,000 U.S. immigrants eligible for TPS, according to the Migration Policy Institute.
Since July 2022, the Secretary of the Department of Homeland Security has extended TPS for Somalia and Venezuela, extended and redesignated Yemen, Haiti, Burma (Myanmar) and Syria for TPS, and newly designated Ethiopia. This means that citizens of these countries whose work authorization is based on qualifying TPS and who meet certain requirements, will have their work authorization automatically extended.
During the extension period, individuals who are TPS beneficiaries or who are found eligible upon initial review:
• Are not removable from the United States;
• Can obtain an Employment Authorization Document; and
• May be granted travel authorization
For more information regarding this, please contact your immigration labor law counsel.