When can the Secretary designate a country for TPS?

Congress created TPS as part of the Immigration Act of 1990. The law, found at 8 U.S.C. § 1254a, allows the Secretary, after consultation with appropriate agencies of the Government, to designate a country (or part of a country) for TPS due to:

• Ongoing armed conflict (such as civil war),
• An environmental disaster (such as earthquake or hurricane), or an epidemic, or
• Other extraordinary and temporary conditions (unless the U.S. government finds that permitting these nationals to remain temporarily in the United States is contrary to the U.S. national interest).

What are the benefits of TPS?

During a designated period, TPS holders are:

• Not removable from the U.S. and not detainable by DHS on the basis of his or her immigration status,
• Eligible for an employment authorization document (EAD), and
• Eligible for travel authorization.

(1) In general – In the case of an