What is temporary protected status, who does it affect? Supreme Court ruling explained

The Supreme Court dealt a major blow to immigrants on Thursday, June 25, ruling that the Trump administration can end the “temporary protected status” of immigrants.

This affected hundreds of thousands of immigrants across 13 countries.

What is Temporary Protected Status?

Temporary protected status (TPS) is a humanitarian program that enables foreign nationals from countries experiencing armed conflict, natural disasters or other extraordinary conditions to live and work legally in the United States.

Although the term refers to a temporary status, some countries have had designations renewed for decades.

In 1990, the program was created by Congress and is administered by the Department of Homeland Security. It does not provide a pathway to permanent residency or citizenship.

Who does it affect?

The Trump administration had attempted to end TPS for 13 countries. Thursday’s ruling clears the way for those terminations to move forward.

Countries losing TPS protection include:

Haiti

Syria

Venezuela

Honduras

Afghanistan

Nepal

Cameroon

Myanmar (Burma)

Ethiopia

Somalia

South Sudan

Yemen

Nicaragua

What did the Supreme Court decide?

In a 6-3 ruling, the Supreme Court finalised that federal courts have no authority to review the president’s decision to end TPS. With this decision, the administration is empowered to revoke protections.

Immigrants who lose TPS will also lose their work permits and can face risks of deportation.

What's the difference between TPS and asylum?

While both TPS and asylum protect foreign nationals in the United States, they differ significantly in terms of their purposes and outcomes.

Temporary Protected Status is provided to nationals of certain countries determined by the Department of Homeland Security as having unsafe conditions because of armed conflicts or natural disasters. It is a class-based designation, implying that it applies to all nationals of the affected country without regard for their personal situation.

Asylum, on the other hand, is accorded to persons who are either escaping persecution or face well-founded fears of being persecuted in their country due to race, religion, nationality, political opinion, or membership of a certain social group. Asylum seekers have to show that they individually meet the requirements for asylum and, unlike the TPS status, asylum holders can become residents and later citizens.

What happens next?

TPS holders from affected countries will lose their work authorisation and face deportation problems.

The White House called the ruling a “tremendous win” and said it would continue “ending the egregious abuses to our immigration system.”