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Fact Sheet: Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) for Lebanon
Posted on Jan 02 2025
Fact Sheet: Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) for Lebanon
This fact sheet is current as of 12.12.24. It is not legal advice.
On October 17, 2024, the U.S. Department of Homeland Security (DHS) announced a new Temporary Protected Status (TPS) designation for Lebanon for 18 months. More information about TPS will be available in a forthcoming Federal Register Notice (FRN). Procedures have been established for Lebanese nationals, covered by President Biden’s July 26, 2024 grant of Deferred Enforced Departure (DED), to apply for Employment Authorization Documents (EADs) that will be valid through January 25, 2026. Information about DED is available in the FRN.
What is temporary protected status (TPS)?
The Secretary of the Department of Homeland Security (DHS) grants TPS to individuals from designated countries who are unable to return home safely due to conditions or circumstances in their home countries.
During the designated TPS period, TPS holders are allowed to live in the United States and cannot be detained by DHS just based on their immigration status. TPS holders are eligible to apply for an EAD and for travel authorization.
What is DED?
Deferred Enforced Departure (DED) is a discretionary protection status.
DED recipients are protected from deportation and are allowed to obtain work permits. DED does not provide a pathway to permanent residency or citizenship. DED is authorized under the president’s constitutional discretion to conduct foreign affairs. There is no statutory authorization. Only the president can extend or terminate DED.
TPS
What does the designation of TPS for Lebanon mean?
This designation means that those approved for TPS will be able to remain in the country while the United States is in discussions to achieve a diplomatic resolution for lasting stability and security across the Israel-Lebanon border. The designation of Lebanon for TPS will allow Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) who have been continuously residing in the United States since October 16, 2024 to file initial applications for TPS, if they are otherwise eligible. Lebanese nationals who entered the United States after October 16, 2024 will not be eligible for TPS.
More information about TPS, including how to apply for employment authorization, will be included in a forthcoming FRN which DHS will publish soon. Individuals should not apply for TPS under this designation until the FRN is published.
How do I apply for TPS?
People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.
More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the forthcoming FRN.
Is TPS status given automatically?
No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney.
I am from Lebanon, and the police have given me tickets here. Can I apply for TPS?
Maybe. You need to show your tickets to an immigration lawyer before filing. A person with two misdemeanors or one felony cannot get TPS. A lawyer can tell you if the tickets will be a problem.
I am from Lebanon, and I am in deportation proceedings. Can I apply for TPS to avoid deportation?
Yes. A person in removal proceedings can apply for TPS and, if approved, can request that the judge put the removal case on hold until TPS is approved, and then for the time it is in effect.
Does TPS Status provide a path to permanent residency?
No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.
May someone with a pending asylum application apply for TPS?
Yes. Applying for TPS, or being granted TPS, does not affect a pending asylum application. However, asylum applicants should consider their preferred strategy in the event that their asylum application is not granted by USCIS. Based on this, we strongly recommend obtaining an immigration lawyer to discuss this question with you.
If someone has TPS at the time their asylum application is denied, USCIS cannot refer their asylum case to an immigration judge where the applicant may present the asylum claim for reconsideration. Thus, if you have a weak asylum case that is unlikely to be granted by an immigration judge and have no other relief available, it may be best to proceed with applying for TPS. Those who have a strong case for asylum may prefer not to apply for TPS until after the affirmative asylum application has been denied. Again, it is important to obtain an immigration lawyer to discuss the merits of your asylum application.
Note that obtaining TPS status will “stop the clock” on the requirement to file for asylum within one year of arriving in the United States if the one-year clock has not already expired.
DED
Who is eligible for DED?
Noncitizens of the United States who are nationals of Lebanon, regardless of country of birth, who have resided in the United States since July 26, 2024, may be eligible for DED. Lebanese nationals must meet all eligibility criteria, including required documentation, for DED in the FRN.
DED only applies to those people already residing in the United States at the time of designation. Those outside the United States who want to immigrate do not qualify for DED. Individuals must be a national of, or a person without nationality who last habitually resided in, the country designated for DED.
Do I need to apply for DED?
No. There is no application to apply for DED. Anyone who meets the requirements automatically has DED until it lapses or is terminated.
Can I work under DED?
Maybe. If you are a Lebanese national covered by DED and want a DED-based EAD, you must file Form I-765, Application for Employment Authorization.
DHS may issue an automatic extension of expiring EADs for DED recipients. The FRN will tell you if your EAD is automatically extended and for how long.
Can I travel outside the United States under DED?
Maybe. Lebanese nationals covered by DED may apply for and be granted travel authorization as a matter of discretion. You must file for travel authorization if you wish to travel outside of the United States and be eligible to reenter the United States. If USCIS grants travel authorization, it generally gives you permission to leave the United States and return during a specific period. Customs and Border Protection officers make the ultimate determination, upon the noncitizen’s arrival at a United States port of entry, whether to parole the noncitizen into the United States and for what length of time. To request travel authorization, you must file Form I-131.
Get Help
The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org.