The US Reviewing Temporary Protected Status

By Gregory Simpkins

In the midst of the chaos surrounding the removal of illegal immigrants in Minnesota, especially Somalis, an immigration change that threatens the removals of Haitians and perhaps others in the United States may go unnoticed. The Trump administration cited two main reasons for ending Temporary Protected Status (TPS) for Haitians when the extension expired on February 3:

• Conditions in Haiti have improved: The Department of Homeland Security (DHS) claimed that Haiti no longer has “extraordinary and temporary conditions” preventing people from returning safely.
• Contrary to national interest: Allowing Haitian TPS holders to remain in the US is “contrary to the national interest” of the United States.

Court Blocks TPS Termination for Haiti

However, a federal judge in Washington, D.C., blocked the termination, citing several issues with the administration’s decision:

• Lack of consultation: DHS failed to consult with required agencies, relying on a single brief email exchange with a State Department staffer.
• Arbitrary and capricious decision: The court found the termination decision was not reasoned or principled, ignoring Haiti’s ongoing crises, including gang violence and humanitarian suffering.
• Potential racial animus: The court noted substantial indicators that racial and national-origin animus influenced the decision-making process.

The court granted a stay, preserving TPS and work authorization for Haitian nationals, pending further litigation. The Trump administration has announced plans to appeal.

There haven’t been any widely reported incidents involving Haitian immigrants that demonstrate a specific danger to US citizens. In fact, there have been studies that have shown that immigrants, including those from Haiti, commit crimes at lower rates than native-born Americans, likely percentages affected by the number of immigrants – legal and otherwise.

Haiti’s Long History with TPS

Haiti was initially designated for TPS in 2010 after a devastating earthquake struck the country, killing more than 300,000 people and causing widespread destruction. The Obama administration cited “extraordinary and temporary conditions” that prevented Haitians from returning safely, specifically mentioning the environmental disaster and disruption of living conditions.

Since then, TPS for Haiti has been extended and redesignated multiple times due to ongoing crises, including:

• Natural Disasters: Earthquakes, hurricanes and cholera outbreaks;
• Security Concerns: Gang violence, social unrest and human rights abuses;
• Public Health Crises: COVID-19 pandemic, and
• Economic Instability: Crippling poverty and lack of basic resources.

Many of these conditions continue to hold in Haiti, particularly rampant gang activity that frustrates the administration of government. Some notable extensions of Haiti TPS include:

• January 22 2013, citing slow earthquake recovery and cholera epidemic;
• Redesignation and extension in 2021 through February 3 2023, citing serious security concerns and humanitarian crises, and
• Extension and redesignation in 2024 through February 3 2026, citing ongoing.

The Trump administration attempted to terminate TPS for Haiti in 2018, which was blocked by court injunctions. The Biden administration subsequently extended and redesignated TPS for Haiti multiple times.

Origins and Requirements of TPS

The US began issuing TPS to assist refugees in 1990, following the enactment of the Immigration Act of 1990. The first countries designated for TPS were El Salvador due to civil war and natural disasters (designated in 1990), and Lebanon due to armed conflict (designated in 1991).

After El Salvador (1990) and Lebanon (1991), the next countries to receive TPS were Somalia (1991) and Bosnia-Herzegovina (1992) due to armed conflict and humanitarian crises.

Some other notable early designations include:

• Montenegro (2000)
• Sudan (2004)

The program was created to provide temporary protection for individuals from countries facing extraordinary conditions, such as armed conflict, natural disasters, or other crises, preventing them from safely returning home.

To be eligible for TPS, you must:

1. Be a national of a TPS-designated country (or person without nationality who last resided in a designated country),
2. Have been continuously physically present in the US since the designation date,
3. Have continuously resided in the US since a specified date,
4. Not having a serious criminal record (no felonies, two or more misdemeanors) and
5. Register during the specified registration period with required documents (identity, nationality, residence proof).

Benefits include protection from deportation, temporary work authorization and travel authorization.

Current TPS Designations and Future Uncertainty

Here are the countries currently designated for TPS:

• Yemen: Extended until March 3 2026
• Somalia: Extended until March 17 2026
• Lebanon: Valid through May 27 2026
• Cameroon: Extended until June 7 2025
• Nepal: Extended until August 30 2025 (termination paused by court order)
• Honduras: Extended until September 8 2025 (termination paused by court order)
• Nicaragua: Extended until September 8 2025 (termination paused by court order)
• El Salvador: Extended until September 9 2026
• Ukraine: Extended until October 19 2026
• Sudan: Extended until October 19 2026
• Venezuela: 2021 designation extended until November 7 2025
• Syria: Valid through November 21 2025 (termination paused by court order)

There are three countries whose TPS eligibility has expired:

• Ethiopia: Valid through December 12 2025,
• South Sudan: Extended until January 5 2026 and
• Burma (Myanmar): Valid through January 24 2026

The prospects for removal of TPS from Ethiopia, South Sudan and Myanmar are uncertain due to ongoing legal challenges. DHS has announced plans to terminate TPS for these countries, with effective dates in early 2026.

However, lawsuits are pending in federal courts, and critics argue that ending TPS could force individuals back to countries still grappling with instability, raising ethical and humanitarian concerns.

Those citing compassion for their stance on TPS may forget that the “T” stands for temporary. It was never meant to be anything other than a short-tern help for imperiled people.

Still, when assessing whether TPS should be ended for any country’s emigrants, the government must be honest in its assessment of when to end this status. There continues to be significant instability in countries on the current TPS list as well as the four that have expired.

In the current situation in which some want to cast aside all foreigners not granted even limited citizenship and those who believe the country should harbor all who want to come here, there has to be some middle ground. The more poisonous the argument becomes, the less chance remains for a legal yet compassionate solution to this dilemma.

Gregory Simpkins, a longtime specialist in African policy development, is the Principal of 21st Century Solutions. He consults with organizations on African policy issues generally, especially in relating to the U.S. Government. He further acts as a consultant to the African Merchants Association, where he advises the Association in its efforts to stimulate an increase in trade between several hundred African Diaspora small and medium enterprises and their African partners.