TPS
What does "TPS" mean in law?
Temporary Protected Status (TPS) is a humanitarian designation under INA section 244 that the Secretary of Homeland Security may grant to nationals of countries experiencing ongoing armed conflict, environmental disaster, or other extraordinary conditions that prevent safe return. TPS provides temporary protection from removal and work authorization for a designated period, which may be extended in increments of 6 or 18 months. TPS does not lead directly to permanent residency, though beneficiaries may pursue other avenues to adjust status if independently eligible. The designation and termination of TPS involves agency discretion that courts have scrutinized under administrative law principles, including whether termination decisions are arbitrary and capricious.
Definition
Temporary Protected Status (TPS) is a humanitarian designation under INA section 244 that the Secretary of Homeland Security may grant to nationals of countries experiencing ongoing armed conflict, environmental disaster, or other extraordinary conditions that prevent safe return. TPS provides temporary protection from removal and work authorization for a designated period, which may be extended in increments of 6 or 18 months. TPS does not lead directly to permanent residency, though beneficiaries may pursue other avenues to adjust status if independently eligible. The designation and termination of TPS involves agency discretion that courts have scrutinized under administrative law principles, including whether termination decisions are arbitrary and capricious.
Example
Following a devastating earthquake in Haiti, the DHS Secretary designates Haiti for TPS, allowing Haitian nationals already in the United States to register for temporary protection from removal and obtain work authorization.