The Department of Homeland Security has announced an extension of Temporary Protected Status (TPS) for nearly one million individuals from El Salvador, Ukraine, Sudan, and Venezuela. This extension, which adds 18 months to the immigration protection under the TPS program, arrives as the country prepares for the inauguration of President-elect Donald Trump on January 20. TPS, a program established during the George HW Bush administration through the Immigration Act of 1990, permits the US Attorney General and the Secretary of Homeland Security to designate, extend, or terminate status based on whether conditions in a given country temporarily inhibit the safe return of its nationals.
The extension addresses various ongoing crises in the designated countries. For El Salvador, damage from previous earthquakes has been compounded by environmental challenges. Ukraine continues to face instability due to the ongoing Russian military invasion. Sudan remains embroiled in a volatile security situation, while Venezuela struggles with a dire humanitarian crisis under the current government, resulting in severe shortages and infrastructure collapse. These conditions have been deemed too dangerous for nationals to return to these countries safely.
The continuity of TPS is limited to individuals meeting specific residency and registration criteria, which notably exclude those entering the US after designated dates or with particular criminal convictions. For example, Venezuelan nationals must have been residing in the US since July 31, 2023, in order to qualify.
During his first term, Trump attempted to terminate TPS for several nations through executive orders, a series of actions that faced legal challenges but were eventually upheld by the Ninth Circuit Court of Appeals. Under Biden’s administration, efforts were made to offer pathways to citizenship for TPS holders, notably through the US Citizenship Act of 2021, though the legislation did not pass. Trump has stated his intent to once more consider revoking TPS for specific countries during his upcoming term, a move anticipated to encounter resistance from organizations like the ACLU. For further information, read the full article on JURIST.