It came as no surprise that one of the tensest moments in Tuesday night’s vice presidential debate between Democratic Governor Tim Walz and Republican Senator JD Vance was over immigration, one of the most divisive issues in America.
Debate moderators muted Vance’s microphone after he claimed that “millions of illegal immigrants” had overwhelmed American cities, including Springfield, Ohio, where many Haitians have been encouraged to find jobs. When Walz joined in, both candidates’ microphones were muted, and the moderators reminded them the audience couldn’t hear them.
Hundreds of thousands of Haitian immigrants, including those who live in Springfield, hold Temporary Protected Status, known as TPS, or other forms of legal protection, such as humanitarian parole.
“These are people who have a lawful status. They have a lawful presence. They have work authorization,” Sarang Sekhavat, chief of staff at the Massachusetts Immigrant & Refugee Advocacy Coalition, told VOA.
What is TPS?
Congress established TPS in 1990 when it said migrants whose home countries were considered unsafe could live and work in the U.S. temporarily if they met certain requirements established by the U.S. government.
The secretary of homeland security is responsible for designating a foreign country for Temporary Protected Status.
Currently, 16 countries have TPS designations: Afghanistan, Cameroon, El Salvador, Haiti, Ethiopia, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela and Yemen.
“Usually what happens is the administration will designate a country for TPS because of some kind of catastrophe. It could be a natural disaster … very often it’s used in times of war,” Sekhavat said. “Basically, the idea is recognizing that, ‘OK, this individual here perhaps doesn’t have permission to be here, but it would be inhumane of us to actually send them back home to their home country under the conditions their country is suffering right now.’ “
TPS and legal immigration
Tom Jawetz, a senior fellow at the Center for American Progress, told VOA that people covered by TPS should not be confused with undocumented immigrants.
“It’s an immigration status that people can have the statutory right to travel on,” he said. “In order to get TPS, people file an application. That application is reviewed individually. It’s adjudicated. They get identification materials attesting to their TPS. Get work authorization by statute. So, these are not individuals who are undocumented by any means.”
Haitian immigrants and TPS
Haitian nationals were first given TPS in 2010 after a devastating earthquake struck Haiti, killing more than 100,000 people and overwhelming the government.
This protection was renewed several times during the administration of former President Barack Obama and was extended for six months under former President Donald Trump. Trump decided to end TPS for Haitians in 2019, but this decision faced several legal challenges that lasted until the end of his administration.
Who can apply for TPS?
Protections under TPS are reserved for people who are already in the United States at the time of the designation. To be eligible, a person must be a national of a designated TPS country and have been continuously physically present in the United States since the date specified by the U.S. government. For Haitian immigrants, this date was August 4, 2024.
People must apply during the registration period. For Haitians applying for the first time, this period began July 1, 2024, and runs through February 3, 2026. For those renewing their TPS status, the re-registration period began July 1, 2024, and ran through August 30, 2024.
“For example, when we had the earthquake in Haiti, there were many Haitians who came to the U.S. on valid transit or tourist visas, intending for their stay to be temporary. But due to the situation in Haiti, they couldn’t return, making them eligible to apply for TPS,” Sekhavat said.
Filing for TPS can cost about $545.
TPS and US citizenship
TPS alone does not lead to U.S. permanent residence or citizenship unless the applicant seeks to change status through other immigration processes.
“If you don’t have some other means through which to get permanent residence — whether that’s because you qualify for asylum or you have a family member or an employer who is petitioning for you to get a permanent residence — TPS is not going to get you there,” Jawetz said.
But TPS allows a person to legally work, and it can open a pathway to an employment-based green card — a process immigration experts say can be long and complicated.
TPS ineligibility
An applicant is ineligible for TPS if convicted of a felony or two or more misdemeanors in the United States, or if subject to mandatory restrictions for asylum, such as having taken part in the persecution of someone else or having engaged in terrorist activities.
People are also ineligible if they do not meet the requirements for continuous physical presence and residency in the United States, fail to register for TPS on time, or do not re-register for TPS when required without a good reason.
Travel authorization for TPS holders
TPS holders must request travel authorization to leave the U.S. Applicants must show U.S. Citizenship and Immigration Services that they need to travel for urgent humanitarian reasons, such as a sick relative. If permission for the TPS holder to travel is requested by a nonprofit organization, it must prove the travel will further social and cultural interests of the United States. The current filing fee is $575.
If a TPS holder leaves the United States without first obtaining travel authorization, the person may lose the TPS status and will not be able to reenter the United States.
Can an administration end TPS at any time?
The secretary of homeland security has to review conditions and decide whether conditions on the ground in a country continue to merit TPS.
Only if the secretary concludes that conditions do not merit a continuation of TPS can the secretary issue a determination ending temporary protected status at that point.
