1990: Temporary Protection Status (TPS)

Carol M Highsmith, photographer. *Mural, Balmy Alley, San Francisco, California.* 2009. Library of Congress Prints and Photographs Division.

The George H.W. Bush administration enacted the Temporary Protection Status (TPS) program, permitting eligible nationals or citizens from designated countries to maintain temporary juridical immigration or refugee status, work authorization, and protection from deportation. As of March 2021, approximately 320,000 individuals from 10 different designated countries hold TPS, with Venezuelans, Haitians, and Burmans qualifying most recently.

The United States grants TPS to people from countries experiencing environmental disasters, armed hostilities, or abnormal emergencies. TPS offers no direct path to permanent residency status or citizenship but it is renewable with designated time periods ranging from six to 18 months. El Salvador, Honduras, and Nicaragua have held TPS designation since the late 1990s and Central Americans make up the majority of individuals with TPS. Large TPS populations residing in Texas, California, Florida, New York, and Maryland contribute millions of dollars to the nation’s GDP, social security fund, and Medicare. They also maintain legal guardianship of U.S. born children.

The U.S. Attorney General and the Secretary of Homeland Security are responsible for designating, renewing, or eliminating a country’s TPS eligibility. In 2017 and 2018 the Department of Homeland Security issued TPS terminations for Central American countries. In response TPS recipients and their children filed two class action lawsuits--Ramos v. Nielsen and Bhattari et al v. Nielsen, claiming the terminations are unlawful. Both lawsuits were consolidated in 2019 by Judge Edward Chen, who ruled for an injunction that prevents the termination of TPS until all litigations are final. In September 2020, the 9th Circuit Court of Appeals overturned the injunction, permitting the termination of TPS for Central American countries. The plaintiffs may appeal this decision, leading to further litigation.

On March 09, 2021, the Biden administration designated TPS protections to Venezuela.

Timeline

1990	Congress creates TPS to establish a uniform system for granting temporary protection to people unable to return to their home countries because of a political or environmental catastrophe. The United States grants TPS to nationals of El Salvador that same year.
November 1998	Following Hurricane Mitch’s destruction, Attorney General Janet Reno halts deportation of individuals from El Salvador, Guatemala, Honduras, and Nicaragua.
December 1998	Required arrival date into the United States for eligible Honduran and Nicaraguan TPS beneficiaries.
January 1999	The Attorney General designates TPS for Nicaragua and Honduras after Hurricane Mitch devastates these countries.
February 13, 2001	Required arrival date into the United States for eligible Salvadoran TPS beneficiaries.
November 2017	The Department of Homeland Security issues a statement for the termination TPS for Nicaragua to be effective on January 5, 2019.
January 8, 2018	The Department of Homeland Security issues a statement for the termination TPS for El Salvador to be effective on September 9, 2019.
May 4, 2018	The Department of Homeland Security issues a statement for the termination TPS for Honduras to be effective on January 5, 2020.
March 12, 2018	A group of TPS holders and their children from El Salvador, Nicaragua, Haiti, and Sudan file Ramos v. Nielsen as a class action suit in the U.S. District Court in the Northern District of Northern California against the Department of Homeland Security for discontinuing TPS without public notice.
October 3, 2018	Judge Edward Chen upholds an injunction that prevents the termination of TPS for El Salvador and Nicaragua until litigations are final.
February 10, 2019	A group of TPS holders and their children from Nepal and Nicaragua file Bhattari et al v. Nielsen as a class action suit in the U.S. District Court in the Northern District of Northern California against the Department of Homeland Security for the discontinuation of TPS without public notice.
March 12, 2019	Judge Edward Chen merges Bhattari et al v. Nielsen and Ramos v. Nielsen and prevents the termination of TPS for people from Honduras (and holders from 5 other countries).
July 25, 2019	The Venezuela TPS Act of 2019 is passed by the U.S. House of Representatives.
November 4, 2019	The Department of Homeland guarantees TPS to Central American countries (El Salvador, Nicaragua, and Honduras) until January 4, 2021 and rules that if TPS is terminated, the deadline of statutory status within the U.S. will vary by country.
September 15, 2020	The 9th Circuit Court of Appeals appeals the injunction and permits the expiration of TPS; the decision is expected to be appealed to the Supreme Court.
January 19, 2021	President Trump designates Venezuela for Deferred Enforced Departure (DED), protecting Venezuelans from deportation.
March 8, 2021	Secretary of Homeland Security Mayorkas announces TPS designation for Venezuela. An estimated 323,000 Venezuelans could be eligible for TPS.
March 18, 2021	H.R. 6 American Dream and Promise Act 2021 and H.R. 1603 Farm Workforce Modernization Act of 2021 pass the U.S. House of Representatives during the 117th Congress. Both bills, if passed by the Senate, would create a pathway for Legal Permanent Residence (LPR) for thousands of TPS recipients.
June 7, 2021	The Supreme Court unanimously rules that Temporary Protection Status (TPS) is not an “inspected and admitted'' arrival into the United States. The Court places restrictions against those under TPS who did not enter the United States formally from obtaining permanent residency.

Resources

The following resources are available online at the Library of Congress.

Central American Migration to the U.S: Temporary Protection Status (TPS)
Listen to this podcast in which Huntington Fellows Herman Luis Chavez and Maria Guadalupe Partida speak with youth activist Crista Ramos and scholars Dr. Ruth Wasem and Dr. Cecilia Menjívar to discuss the immigration legislation known as Temporary Protection Status (TPS). TPS recipients receive temporary immigration status, work authorization, and protection from deportation until it is safe to return to their home countries without a direct path to permanent residency status. Library materials include photograph collections and Congressional service reports. A Latinx Resource Guide: Civil Rights Cases and Events is an online resource guide of civil rights figures, cases, and events impacting the Latinx community in the United States.
Congressional Research Service Publications on TPS
The Congressional Research Service (CRS) works exclusively for the United States Congress, providing policy and legal analysis to committees and Members of both the House and Senate, regardless of party affiliation. Click the link to read CRS publications on TPS.
Temporary Protected Status and Deferred Enforced Departure
2021 Congressional Research Service report by Jill H. Wilson on updated Temporary Protection Status (TPS) and Deferred Enforcement Departure (DED) legislation.
UPDATE: Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis
2018 Congressional Research Service publication by Hillel R. Smith on the termination of TPS on several countries
Temporary Protected Status: Overview and Current Issues
2020 Congressional Research Service report by Jill H. Wilson on the current status of TPS
Latin America: Challenges for U.S. Policymakers in 2019
Read this Congressional Research service Report on the issues surrounding Latin American by Mark P. Sullivan.
El Salvador: Hispanic Reading Room Country Guide
This guide provides curated Library of Congress resources for researching El Salvador, including digitized primary source materials in a wide variety of formats, books and periodicals, online databases, and tips for searching.
Venezuela: Hispanic Reading Room Country Guide
This guide provides curated Library of Congress resources for researching Venezuela, including digitized primary source materials in a wide variety of formats, books and periodicals, online databases, and tips for searching.
Latinx Studies: Library of Congress Resources
This guide provides curated Library of Congress resources for researching LatinX Studies, including digitized primary source materials in a wide variety of formats, books and periodicals, online databases, and research strategies.
Law Library of Congress Guide to Online Law: El Salvador
This guide to online law provides sources for further legal and constitutional study on El Salvador.
Law Library of Congress Guide to Online Law: Venezuela
This guide to online law provides sources for further legal and constitutional study on Venezuela
Law Library of Congress Guide to Online Law: Honduras
This guide to online law provides sources for further legal and constitutional study on Honduras.
Law Library of Congress Guide to Online Law: Nicaragua
This guide to online law provides sources for further legal and constitutional study on Nicaragua.

Staff in the Hispanic Reading Room can provide access to these books at the Library of Congress. If you cannot visit the Library in person, please contact us using Ask a Librarian for assistance. In many cases, you can also find these materials at your local library.

The following titles link to fuller bibliographic information in the Library of Congress Online Catalog. Links to additional online content are included when available.

Forgotten Continent by Michael Reid
Call Number: F1414.3 .R35 2017
ISBN: 9780300224658
Published/Created: 2017-11-14
A newly updated edition of the best-selling primer on the social, political, and economic challenges facing Central and South America. Ten years after its first publication, Michael Reid's best-selling survey of the state of contemporary Latin America has been wholly updated to reflect the new realities of the "Forgotten Continent." The former Americas editor for the Economist, Reid suggests that much of Central and South America, though less poor, less unequal, and better educated than before, faces harder economic times now that the commodities boom of the 2000s is over. His revised, in-depth account of the region reveals dynamic societies more concerned about corruption and climate change, the uncertainties of a Donald Trump-led United States, and a political cycle that, in many cases, is turning from left-wing populism to center-right governments. This essential new edition provides important insights into the sweeping changes that have occurred in Latin America in recent years and indicates priorities for the future.
The History of Nicaragua by Clifford L. Staten
Call Number: F1526 .S78 2010
ISBN: 9780313360374
Published/Created: 2010-05-20
This concise history of Nicaragua provides the reader with a history of the ways in which key political and economic factors have contributed to the creation of the modern nation. Notwithstanding Nicaraguan President Daniel Ortega's disdain for the United States, our nation has played a significant role in shaping Nicaraguan nationalism, as well as the country's political, economic, and social systems. The History of Nicaragua was written, in part, to help students and other interested readers understand that relationship, providing them with an up-to-date, concise, and analytical history of the Central American nation. The book begins by describing the people, geography, culture, and current political, economic, and social systems of Nicaragua. The remainder of the volume is devoted to a chronological history, emphasizing recurring themes or factors that have shaped the modern state. These include the importance of elite families such as the Somoza dynasty that ruled for more than 40 years. Other topics include the agro-export model of economic development, modern Nicaraguan nationalism, the Sandinista revolution and its legacy, and the democratic transition that began in 1990. Provides a bibliographic essay of the most current print and electronic resources to promote further research Includes biographic sketches of key figures who have played important roles in Nicaragua's history
Immigration, Incorporation and Transnationalism by Elliott Robert Barkan (Editor)
Call Number: JV6342 .I475 2007
ISBN: 9780765803863
Published/Created: 2007-03-15
Immigration, Incorporation and Transnationalism is an intriguing collection of articles and essays. It was developed to commemorate the twenty-fifth anniversary of The Journal of American Ethnic History. Its purpose, like that of the Immigration and Ethnic History Society, is to integrate interdisciplinary perspectives and exciting new scholarship on important themes and issues related to immigration and ethnic history.The essays in this work encompass broad perspectives, cases studies, and recent developments.
Migrants and Migration in Modern North America by Dirk Hoerder (Editor); Nora Faires (Editor)
Call Number: JV6351 .M547 2011
ISBN: 9780822350347
Published/Created: 2011-09-26
Presenting an unprecedented, integrated view of migration in North America, this interdisciplinary collection of essays illuminates the movements of people within and between Canada, the Caribbean, Mexico, and the United States over the past two centuries. Several essays discuss recent migrations from Central America as well. In the introduction, Dirk Hoerder provides a sweeping historical overview of North American societies in the Atlantic world. He also develops and advocates what he and Nora Faires call "transcultural societal studies," an interdisciplinary approach to migration studies that combines migration research across disciplines and at the local, regional, national, and transnational levels. The contributors examine the movements of diverse populations across North America in relation to changing cultural, political, and economic patterns. They describe the ways that people have fashioned cross-border lives, as well as the effects of shifting labor markets in facilitating or hindering cross-border movement, the place of formal and informal politics in migration processes and migrants' lives, and the creation and transformation of borderlands economies, societies, and cultures. This collection offers rich new perspectives on migration in North America and on the broader study of migration history.
Refugee Law and Durability of Protection by Maria O'Sullivan
Call Number: KZ6530
ISBN: 9781138303461
Published/Created: 2019-05-28
This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law. uations and is therefore highly pertinent to the future development of international refugee law.
State of War by William Wheeler
Call Number: HV6439.E4
ISBN: 9781733623728
Published/Created: 2020-01-14
One of President Donald Trump's favorite rhetorical motifs is stoking fear that members of the MS-13 gang from El Salvador intend to cross the U.S. border in force and wreak havoc on American society. It's an inaccurate scenario, and in State of War, foreign correspondent William Wheeler tells the real story: In the 1980s, the U.S. supported the repressive Salvadoran government in a brutal civil war, and many Salvadoran families fled to America--especially Los Angeles, where teenagers in poor neighborhoods founded MS-13. A decade later, the U.S. responded to rising anti-immigrant sentiment by deporting many Salvadorans back home. Ever since, El Salvador has been one of the most violent countries in the world. Wheeler interviewed gang members, frustrated intelligence officers, and crime investigators who give chilling insider reports of how corruption at the highest levels has helped the gangs become stronger, richer, and more influential than ever. State of War makes vividly clear why Salvadorans are fleeing their country, and why Trump's harsh immigration and asylum policies may only empower the gangs more.
To Rise in Darkness by Jeffrey L. Gould; Aldo A. Lauria-Santiago
Call Number: F1487.5 .G68 2008
ISBN: 9780822342076
Published/Created: 2008-07-09
To Rise in Darkness offers a new perspective on a defining moment in modern Central American history. In January 1932 thousands of indigenous and ladino (non-Indian) rural laborers, provoked by electoral fraud and the repression of strikes, rose up and took control of several municipalities in central and western El Salvador. Within days the military and civilian militias retook the towns and executed thousands of people, most of whom were indigenous. This event, known as la Matanza (the massacre), has received relatively little scholarly attention. In To Rise in Darkness, Jeffrey L. Gould and Aldo A. Lauria-Santiago investigate memories of the massacre and its long-term cultural and political consequences. Gould conducted more than two hundred interviews with survivors of la Matanza and their descendants. He and Lauria-Santiago combine individual accounts with documentary sources from archives in El Salvador, Guatemala, Washington, London, and Moscow. They describe the political, economic, and cultural landscape of El Salvador during the 1920s and early 1930s, and offer a detailed narrative of the uprising and massacre. The authors challenge the prevailing idea that the Communist organizers of the uprising and the rural Indians who participated in it were two distinct groups. Gould and Lauria-Santiago demonstrate that many Communist militants were themselves rural Indians, some of whom had been union activists on the coffee plantations for several years prior to the rebellion. Moreover, by meticulously documenting local variations in class relations, ethnic identity, and political commitment, the authors show that those groups considered "Indian" in western El Salvador were far from homogeneous. The united revolutionary movement of January 1932 emerged out of significant cultural difference and conflict.

The following external websites can be useful for expanding your research on the Temporary Protection Status (TPS).

Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan External
Official 2019 report by the Federal Register on DHS extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.
Temporary Protected Status: Current Immigration Policy and Issues External
Congressional Research Service publication by Carla N. Argueta on the background and current state of TPS.
Crista Ramos, et al., Plaintiffs, Order Granting Plaintiffs’ Motion For Preliminary Injunction External
Court Case defense report for the plaintiffs on Crista Ramos, et al., Plaintiffs v. Nielsen provided by the United States District Court Northern District of California
Designation of El Salvador Under Temporary Protected Status Program External
Federal Register Publication by the Immigration and Naturalization Service, Justice on the justification of TPS designation to El Salvador
Temporary Protected Status Designated Country: El Salvador External
U.S. Citizenship and Immigration Services notice on El Salvador TPS designation
Appeal from the United States District Court for the Northern District of California Edward M. Chen, District Judge, Presiding External
Official summary of Ramos v. Wolf provided by the United States Court of Appeals for the Ninth Circuit
Update on Bhattarai v. Nielsen External
U.S. Citizenship and Immigration Services update on the termination of Temporary Protected Status (TPS) for Honduras and Nepal.
S.358 - Immigration Act of 1990 External
Summary of the Immigration Act of 1990, a Senate Bill passed during the 101st Congress (1989-1990)
Update on Ramos v. Nielsen External
Update and current status on the Ramos v. Nielsen, a district court case addressing TPS terminations for Sudan, Nicaragua, Haiti and El Salvador
H.R.549 - Venezuela TPS Act of 2019 External
Bill proposed by the House of Representatives during the 116th Congress (2019-2020) addressing TPS designation for Venezuela. The bill has been received in the Senate and read twice and referred to the Committee on the Judiciary.
Senate Republicans Again Block Venezuela TPS Legislation External
Read this press release article on legislation designating Venezuela for Temporary Protected Status (TPS) on the United State Senate Committee on Foreign Relations website page.

Stop the bombing of El Salvador. between 1980 and 1990. Library of Congress Prints and Photographs Division.

Carol M. Highsmith, photographer. Mural, Balmy Alley, San Francisco, California. 2009. Library of Congress Prints and photographs Division.

Klayman, Leon, Designer, and Wilfred Owen Brigade. Basta ya de somozas. Viva Nicaragua Libre. 1976. Library of Congress Prints and Photographs Division.

Carol M Highsmith, photographer. Mural, Balmy Alley, San Francisco, California. 2009. Library of Congress Prints and Photographs.

Camilo J. Vergara, photographer. Little girl from Honduras, David Roberti Center, 1156 E. Vernon Ave., Los Angeles, 1992. 1992. Prints and Photographs Division.

Stop U.S. intervention in Central America. It's our move. 1983. Library of Congress Prints and Photographs Division.

Camilo J Vergara, photographer. Carniceria Latina, 6119 S. Broadway, 1999. Owner Ruben Alvarez, from San Salvador, the painter is from Guatemala. 1999. Library of Congress Prints and Photographs Division.

Camilo J Vergara, photographer Union Latina Market, Laurel Canyon Blvd. at Van Nuys Blvd., Pacoima, Los Angeles, 1997. 1997. Library of Congress Prints and Photographs Division.

A Latinx Resource Guide: Civil Rights Cases and Events in the United States

Caribbean, Iberian & Latin American Studies: Ask a Librarian

1990: Temporary Protection Status (TPS)

Timeline

Resources

Stop the bombing of El Salvador. between 1980 and 1990. Library of Congress Prints and Photographs Division.

Carol M. Highsmith, photographer. Mural, Balmy Alley, San Francisco, California. 2009. Library of Congress Prints and photographs Division.

Carol M. Highsmith, photographer. Mural, Balmy Alley, San Francisco, California. 2009. Library of Congress Prints and photographs Division.

Klayman, Leon, Designer, and Wilfred Owen Brigade. Basta ya de somozas. Viva Nicaragua Libre. 1976. Library of Congress Prints and Photographs Division.

Carol M Highsmith, photographer. Mural, Balmy Alley, San Francisco, California. 2009. Library of Congress Prints and Photographs.

Camilo J. Vergara, photographer. Little girl from Honduras, David Roberti Center, 1156 E. Vernon Ave., Los Angeles, 1992. 1992. Prints and Photographs Division.

Stop U.S. intervention in Central America. It's our move. 1983. Library of Congress Prints and Photographs Division.

Camilo J Vergara, photographer. Carniceria Latina, 6119 S. Broadway, 1999. Owner Ruben Alvarez, from San Salvador, the painter is from Guatemala. 1999. Library of Congress Prints and Photographs Division.

Camilo J Vergara, photographer Union Latina Market, Laurel Canyon Blvd. at Van Nuys Blvd., Pacoima, Los Angeles, 1997. 1997. Library of Congress Prints and Photographs Division.

United States. Central Intelligence Agency. Nicaragua. 1977. Library of Congress Geography and Maps Division.

United States. Central Intelligence Agency. El Salvador.1980. Library of Congress Maps and Geography Division.

United States. Central Intelligence Agency. Honduras.1985. Library of Congress Maps and Geography Division.

United States. Central Intelligence Agency. Venezuela. 2007. Library of Congress Maps and Geography Division.