Axios Explains: The past and present of Temporary Protected Status
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President-elect Trump is threatening to end Temporary Protected Status (TPS) for Haitians when he takes office in January, echoing actions he tried to take during his first term.
Why it matters: Roughly 834,000 immigrants from 16 countries who entered the U.S. without authorization or overstayed visas are shielded from deportation and can legally work here because of TPS. Thousands more are eligible.
- If the program were to end in part or total, participants would have to go back to their respective countries or live in the U.S. as undocumented immigrants and risk deportation.
The backstory: How TPS started
Congress created TPS in 1990 as a humanitarian relief program for people from countries experiencing armed conflict and environmental disasters.
- Only people from certain countries qualify for TPS, and those countries have changed from time to time depending on circumstances.
- Congress intentionally wrote the law so the program would not provide a path to citizenship — only a person who is married to a U.S. citizen or has a U.S. citizen child who is 21 years of age and older can get sponsored for a green card, which is the first step to getting citizenship.
- Over time, TPS became a quasi-bandage for a lack of immigration reform in the U.S. For example, absent another path to legal status, some people from some Central American countries have been able to renew their TPS status for many years.
How it works: TPS is limited to those from the designated countries who pass background checks and pay a fee of about $500.
- Status can last from six to 18 months, and participants must continually apply to renew their status, each time paying the fee.
- Because of a backlogged immigration system and no permanent immigration path, some people have had TPS for decades without other means of obtaining legal status.
Zoom in: What TPS recipients contribute
In addition to being safe from deportation, TPS recipients qualify for work permits. They can also pursue asylum while they have TPS.
- Studies have found TPS holders have high labor participation rates — roughly 80% work or are looking for work.
- In comparison, 63% of U.S. adults are in the labor force.
- FWD.us, an immigrant advocacy group, estimates that people enrolled in and eligible for TPS contribute about $31 billion annually to the U.S. economy.
Where it stands: Program expansion
TPS expanded massively during the Biden administration and there's been a shift in which nationalities make up the biggest share of TPS holders, says Julia Gelatt, associate director of the U.S. immigration policy program at the nonpartisan Migration Policy Institute.
- Roughly 345,000 Venezuelans who have fled the authoritarian regime of President Nicolás Maduro, hyperinflation and a shortage of food and medicine are enrolled in TPS, making them the largest nationality in the program.
- About 200,000 Haitians and 180,000 Salvadorans are enrolled.
Yes, but: It's a temporary stopgap
Some TPS holders "talk about the challenges of living life 18 months at a time," Gelatt says.
- "The feeling of temporariness can inhibit people from investing in their lives in the United States, and can also just create ongoing feelings of uncertainty and anxiety," she adds.
- Which countries qualify for TPS is also at the discretion of the executive branch, meaning renewal is never certain.
- For example, people who are interested in going to college or buying a home may be deterred because they're unsure if their status will be renewed.
The other side: What TPS critics say
Critics say the program is not being used as Congress intended — for it to be truly temporary.
- "When people have had TPS for over 20 years, that really calls into question the temporariness of the program," Gelatt says.
- Conservatives say TPS encourages unauthorized immigration and is a form of amnesty.
What to watch: TPS in Trump's second term
During his first term, Trump tried to end TPS designations for several countries, but a federal judge's injunction stopped the change until it played out in court. A three-judge appeals court panel sided with Trump, but that decision was appealed again, so TPS stayed in place. Eventually Biden reversed Trump's decision.
- On the campaign trail this year, Trump vowed to end the designation for Haitians at a time when he and his surrogates were spreading false information about Haitian immigrants in Ohio.
- Project 2025, the conservative road map, calls for ending TPS. Though Trump disavowed Project 2025, he has hired and been advised by several of its authors and contributors.
- Trump's transition team declined to comment.
