The Biden administration has extended the Temporary Protected Status (TPS) of nearly one million immigrants from four countries: El Salvador, Sudan, Ukraine, and Venezuela. For those covered by the extension, the move offers some near-term protection from the shift in views on immigration held by the incoming Trump administration—shielding them from deportation for up to 18 months.
What is Temporary Protected Status?
As its name suggests, Temporary Protected Status is a temporary immigration status provided to nationals of designated countries facing extraordinary and temporary conditions like natural disasters and armed conflicts. The program was established as part of the Immigration Act of 1990, offering recipients the opportunity to work in the U.S. and preventing deportation while conditions remain unsafe in their home countries. Currently, the U.S. has provided TPS to nationals from 17 countries—recipients are subjected to rigorous national security and public safety vetting to qualify.
TPS designations can extend for 6, 12, and 18-month durations—extensions apply only to those who already have TPS. TPS does not include a path to permanent residency or U.S. citizenship, however, recipients can apply for permanent residence separately through a number of pathways, most notably marriage, employment, and asylum.
TPS Extended for Four Countries
El Salvador’s TPS Extension
El Salvador was designated for TPS status in 2001 following a devastating earthquake. The Department of Homeland Security (DHS) cites “environmental conditions in El Salvador that prevent individuals from safely returning” for warranting the extension and will allow roughly 234,000 Salvadoran TPS grantees to reregister.
The 18-month extension runs from March 10, 2025, through September 9, 2026. Eligible individuals must renew their TPS benefits within a 60-day window that starts on the Federal Register publication date.
Sudan’s TPS Extension
Sudan was first designated for TPS status in 1997 and has been the subject of numerous extensions and redesignations since. According to DHS, “TPS extension is warranted because of continued political instability that has triggered human rights abuses, including direct attacks on civilians.” The extension allows approximately 1,900 Sudanese TPS recipients who arrived in the U.S. on or before August 16, 2023, to reregister for TPS.
The 18-month extension runs from April 20, 2025, through October 19, 2026. TPS beneficiaries must renew their benefits within 60 days of the Federal Register publication date.
Ukraine’s TPS Extension
Ukraine was extended TPS status in 2022 in the wake of Russia’s invasion. DHS says the reason for the extension of TPS is that “Russia’s expanded military invasion has led to high numbers of civilian casualties and reports of war crimes and crimes against humanity committed by Russian military forces and officials. This invasion has caused a humanitarian crisis, with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or access to medical services.” The extension affects roughly 104,000 Ukranian TPS designees, enabling those who arrived on or before August 16, 2024, to register for TPS.
The 18-month extension runs from April 20, 2025, through October 19, 2026. Eligible individuals must renew their TPS benefits within 60 days starting from the publication date in the Federal Register.
Venezuela’s TPS Extension
Venezuela was initially designated for TPS in 2021, however, the recent extension of TPS affects those who received TPS protection under redesignation in 2023. DHS says the action is merited due to the “severe humanitarian emergency the country continues to face due to political and economic crises under the inhumane Maduro regime. These conditions have contributed to high levels of crime and violence, impacting access to food, medicine, healthcare, water, electricity, and fuel.” The extension provides about 600,000 Venezuelan TPS recipients the opportunity to reregister.
The 18-month extension runs from April 3, 2025, through October 2, 2026. Eligible individuals must renew their TPS benefits within a 60-day window that begins on the Federal Register publication date.
The Future of TPS
The extension of TPS offers some short-term security for those living and working in the U.S. under the statute, but the long-term future is less clear. The incoming Trump administration has promised tougher immigration policies and signaled its opposition to TPS designations. The first Trump administration attempted to terminate TPS designations for over 400,000 people from several groups, including Hondurans, Haitians, and Nepalis, which led to a court battle that was resolved by a policy change made by the Biden administration.
Romania Added to the Visa Waiver Program
The extension of TPS for El Salvador, Sudan, Ukraine, and Venezuela wasn’t the only immigration action the Biden administration has taken in its final days—it also added Romania to the Visa Waiver Program (VWP). Romania is the 43rd country to join the VWP and the first country from the Black Sea region designated for the program. U.S. citizens already can travel visa-free in Romania for up to 90 days if they have a passport that is valid for at least three months from the date of arrival.
Citizens of VWP countries can visit the U.S. (for business or pleasure) for up to 90 days without first obtaining a physical visa. Rather, travel approvals are issued online, making it easier and more affordable to visit the U.S. It’s anticipated that Romanian citizens will be able to travel under the VWP by March 31, 2025.
An Immigration Partner
McLane Middleton is a trusted partner of businesses and individuals navigating the U.S.’s complex and ever-changing immigration law and a valuable resource for understanding the effect of actions like the extension of the four TPS designations. For example, employers will want to be aware of the extension of TPS and corresponding work permits for beneficiaries from designated TPS countries when re-verifying documents for Form I-9, as the expiration date may have been extended.
If you have questions or need guidance about the recent TPS extensions or any other immigration issue, McLane Middleton is here to help.