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The Significance of a Temporary Protected Status Designation of the Philippines

Posted by attorney Mary Madrid-Crost

Temporary protected status (TPS) is a mechanism to provide a safe haven for nationals of a country where there is an ongoing armed conflict or catastrophe, or a temporary extraordinary condition which prevents its nationals from returning home safely. There are eight countries with TPS designation at this time: Haiti, El Salvador, Honduras, Nicaragua, Somalia, Sudan, South Sudan and Syria.

Section 244(b) (1) (B) of the Immigration and Nationality Act specifically provides that the Attorney General, in consultation with other government agencies, may determine that TPS designation is appropriate for a country (a) where there is a disaster such as flooding, earthquake, environmental disaster, epidemic, (b) the country, temporarily, cannot handle the return of its nationals, and (c) the foreign country officially requests such designation. TPS is usually good for 6 to 18 months and this designation may be extended by the U.S. government.

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