By Grace Vensel

Throughout the months of June and July, the Department of Homeland Security (DHS) extended and re-designated Haiti, Yemen, and Somalia for Temporary Protected Status (TPS) for an additional 18 months. What is TPS? How can it benefit individuals from these countries? 

Background

Temporary Protected Status (TPS) is a benefit granted by DHS to eligible nationals of certain countries who are already inside the United States. Under 8 U.S.C. §1254(a), the Attorney General "may grant [an] alien temporary protected status in the United States and shall not remove the alien from the United States during the period in which such status is in effect," and "shall authorize the alien to engage in employment in the United States." 

DHS has the authority to designate countries for TPS if there are temporary conditions that make it extremely difficult or unsafe for individuals to return to their home country. Temporary conditions may include the following:

• ongoing armed conflict (such as civil war);
• an environmental disaster (such as an earthquake or hurricane);
• an epidemic, or 
• other extraordinary and temporary conditions.

When a country has been designated for TPS, an individual from that country is generally eligible to apply for TPS status if they have been continuously physically present and continuously residing in the United States since the country's specific date of designation.

One benefit of TPS status is that it temporarily prevents an individual from being detained or removed from the United States. Another benefit is that TPS provides an individual with the opportunity to receive employment authorization, and sometimes even travel authorization. 

Although TPS is a temporary immigration benefit and does not lead to permanent residence, it is a way to provide relief to thousands of foreign nationals who cannot safely return home. 

For a list of countries that are currently designated for TPS, click here. 

The Extension & Re-Designation of Haiti, Yemen, and Somalia for TPS

Haiti

On June 28, 2024, the Secretary of Homeland Security, Alejandro N. Mayorkas, announced that an 18-month extension and re-designation of Haiti for TPS is necessary due to violence and insecurity in several regions, as well as limited access to safety, health care, food, and water. These conditions coupled with the fact that the country is prone to significant damage from flooding, mudslides, earthquakes, and other storms has "resulted in ongoing urgent humanitarian needs."

If you are a Haitian national who is currently benefiting from TPS, you may be eligible to retain your status through February 3, 2026 if you continue to meet the eligibility requirements and re-register between July 1, 2024 and August 30th, 2024. Re-registration will allow you to maintain your TPS status and employment authorization. DHS will even be automatically extending Employment Authorization Documents (EADs) through August 3, 2025 for re-registrants who apply for a new EAD. 

DHS estimates that the extension and re-designation of Haiti for TPS will permit 309,000 additional Haitian nationals to apply for TPS if they have established residence in the U.S. on or before June 3, 2024, have continued to reside in the U.S. ever since, and are otherwise eligible. 

Yemen

On July 8, 2024, Secretary Mayorkas subsequently announced an 18-month extension and re-designation of Yemen for TPS due to ongoing armed conflict within the country. According to Mayorkas, "Yemen has been in a state of protracted conflict for the past decade, severely limiting civilians' access to water, food, and medical care, pushing the country to the brink of economic collapse, and preventing Yemeni nationals living abroad from safely returning home."

If you are a Yemeni national who is currently benefiting from TPS, you may be eligible to retain your TPS status through March 3, 2026 if you continue to meet the eligibility requirements and re-register anytime between July 10, 2024 and September 9, 2024. Re-registration will ensure that you maintain your TPS status and employment authorization. DHS will also be automatically extending EADs through September 3, 2025 for re-registrants who apply for a new EAD. 

According to DHS, the extension and re-designation of Yemen for TPS will enable approximately 1,700 additional Yemeni nationals to apply for TPS if they have continuously resided in the U.S. since July 2, 2024, and they are otherwise eligible. 

Somalia

On July 19, 2024, Secretary Mayorkas announced that Somalia will also be receiving an 18-month extension and re-designation for TPS due to ongoing conflict, widespread insecurity and violence that has abused and displaced civilians. Furthermore, Somalia has recently experienced serious flooding, continued food insecurity, disease, and significant barriers to humanitarian aid deliveries. It is the combination of these conditions that warrants Somalia's re-designation for TPS.

If you are a Somali national who currently possesses TPS status, you may be eligible to retain your status through March 17, 2026 if you continue to meet the eligibility requirements and re-register between July 22, 2024 and September 20, 2024. By re-registering, you will be able to maintain your TPS status and employment authorization. DHS will also be automatically extending EADs through September 17, 2025 for re-registrants who apply for a new EAD.

DHS estimates that another 4,300 Somali nationals may be able to file initial applications for TPS. If you are a Somali national, have established residence in the U.S. on or before July 12, 2024, and have continued to reside in the U.S. since then, you may be eligible to apply. 

According to U.S. Citizenship and Immigration Services (USCIS), Somali students who are currently in the U.S. in F-1 nonimmigrant status may also be eligible to request employment authorization, work an increased number of hours during the school year, and reduce their course load, all the while retaining their F-1 status. Please note, this benefit is only available during Somalia's TPS designation period. 

Conclusion

Overall, TPS is a temporary immigration benefit that can provide relief from detention and removal for a certain period of time. It is also a way to receive employment authorization, and sometimes even travel authorization. If you are from a country that is currently designated for TPS and you are interested in learning more about it, please contact The Law Offices of James D. Eiss to schedule a consultation today!