Because of difficulty gaining asylum in the U.S. or entering the country as a refugee, Congress created a number of programs that provide for legal temporary status in the U.S. These programs include:
- Temporary Protected Status (TPS), created in 1990, which grants deportation protection and work authorization to nationals from countries who are unable to safely return to their home countries because of armed conflict, natural disasters, or other crises.
- Deferred Action for Childhood Arrivals (DACA), created in 2012, which protects eligible individuals who came to the U.S. as children from deportation and allows them to apply for work permits; and
- Humanitarian parole, which in late 2022 and 2023 was granted to many individuals fleeing unsafe conditions in Ukraine, Venezuela, Haiti, Cuba, and Nicaragua.
These temporary statuses do not provide a direct pathway to a permanent residence (a “green card”) or U.S. citizenship. Since these protections are not permanent, these temporary statuses must be continually re-registered or renewed. Some TPS beneficiaries have been living with this tenuous status for more than 20 years.
The Trump administration revoked parole and canceled Temporary Protected Status (TPS) for all but a few countries. Federal courts have temporarily reversed these cancelations. In late April, the Supreme Court heard oral argument from the administration and a group of Haitian nationals in the US who challenged the administration’s decision to end the TPS designation saying it violated the federal law governing administrative agencies and the Constitution because it was intended to discriminate against them based on their race. More recently the Haitians claimants asked the Court to toss the case without deciding it – a procedure known as “dismiss as improvidently granted” – based on “newly discovered facts [that] bear directly on the merits of” their claims. The motion to dismiss the case applies only to the challenge by Haitian nationals so even if the court were to grant it, it would not necessarily affect the justices’ ability to rule on the case involving Syrian nationals, which were considered in the same case.
While DACA remains in effect, it operates in a limited capacity due to ongoing federal lawsuits and court injunctions. Current DACA recipients are allowed to submit renewal requests and the
U.S. Citizenship and Immigration Services (USCIS) is processing these requests. However, while USCIS accepts initial DACA applications, it is not processing them.
Similarly, although TPS for El Salvador hasn’t been canceled, USCIS has not been renewing employment authorization cards for TPS beneficiaries from El Salvador. If nothing changes, almost all of them will lose their work authorization documents as early as July 23, 2026. Typically, there is a wind-down period of 60-90 days if a TPS countries designation is canceled or not redesignated. It is very uncertain what will happen.
To say the least, US immigration policy is in flux and confusing. RPCVs who want to help and advocate for more welcoming policies should lobby Congress and the Administration and support grassroots organizations, such as the TPS Alliance, who are advocating for a more stable and permanent status for these vulnerable individuals. There are also groups advocating for young people who were granted Deferred Action for Childhood Arrivals (DACA). For years, there has been bipartisan support for a more durable status for DACA beneficiaries and certain TPS, yet gridlock prevails and immigrants face uncertain futures.