What Are Temporary Protected Status & Deferred Enforced Departure?
TPS and DED are both blanket protections—meaning that entire countries are designated for TPS and DED as opposed to a case-by-case, individual-by-individual basis (for example, asylum). Both TPS and DED provide protection from deportation and authority to work in the United States for a temporary amount of time, as long as the designation is in place.
There are a few key differences.
Temporary Protected Status
TPS was established by Congress through the Immigration Act of 1990. TPS is intended to protect foreign nationals in the United States from being returned to their home country if returning would put them at risk of violence, disease, or death. Under the law, the Secretary of the U.S. Department of Homeland Security, or DHS, may designate a foreign country for TPS in three scenarios:
Ongoing armed conflict (such as a civil war) poses a serious threat to the personal safety of nationals of the affected country;
An environmental disaster (such as an earthquake or hurricane) or an epidemic occurs, and the affected country is temporarily unable to handle the return of its citizens and has requested TPS for its nationals; or
Other extraordinary and temporary conditions prevent people from the country from safely returning home, as long as it is not against the national interest of the United States to allow them to remain.
TPS may be designated or extended in 6-, 12-, or 18-month increments. At least 60 days before the end of a designation period, the DHS Secretary must review country conditions in consultation with appropriate agencies of the government, like the U.S. State Department, and determine whether conditions warrant designation. The decision must be published on a timely basis in the Federal Register. Under the law, TPS may be extended as many times as necessary, as long as the dangerous country conditions continue. You can find our regularly updated chart of countries whose conditions meet the requirements for TPS here. TPS does not create a pathway to permanent residency or citizenship.
TPS Redesignation
In addition to an original designation or an extension of TPS, the Secretary of Homeland Secretary can also redesignate a country for TPS. Redesignation moves forward in time the date by which a person needed to be in the U.S. to apply for TPS. In this way, redesignation is a vital tool, providing life-saving protection to people who may have arrived in the U.S. more recently than the original designation.
Deferred Enforced Departure
DED is rooted in the President’s authority to conduct foreign affairs and is a foreign policy tool. Unlike TPS, which has parameters on length of designation set by the law, the President can designate DED for any amount of time. DED does not create a pathway to permanent residency or citizenship.