This fact sheet is current as of January 3, 2023. It is not legal advice.

On December 30, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced an extension and redesignation of Temporary Protected Status (TPS) for Yemen for 18 months, from March 4, 2023, through September 3, 2024. The Federal Register Notice explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.

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 employment authorization document (EAD) and for travel authorization.

What does the extension of TPS for Yemen mean?

If you have TPS under the current designation for Yemen, you can apply to extend TPS. To receive the TPS extension, you must re-register for TPS by applying during the 60-day re-registration period from January 3, 2023, through March 6, 2023. If approved, your TPS and EAD will be extended until September 3, 2024. The FRN has more details.

Note: It is important for TPS holders to re-register during the registration period. Do not wait until your Employment Authorization Document (EAD) expires. This could result in gaps in your employment authorization documentation.

What does the redesignation of TPS for Yemen mean?

If you are a Yemeni national and have never had TPS, you can now apply for the first time if you have lived in the United States continuously since December 29, 2022. You can apply for TPS during the first-time registration period. You must also meet the eligibility requirements. If you left the United States for any reason, talk to an immigration attorney.

The first-time registration period for new applicants under the Yemen TPS redesignation is from January 3, 2023, through September 3, 2024. Other eligibility requirements are in the FRN.

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.

If you currently have Yemeni TPS: The re-registration period for current Yemeni TPS holders is from January 3, 2023, through March 6, 2023.

If you are applying for Yemeni TPS for the first time: The first-time registration period for new applicants is from January 3, 2023, through September 3, 2024.

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.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas extended and redesignated Yemen for TPS until September 3, 2024. TPS status can, however, be extended.

I have been in the United States since before December 29, 2022, but I have left for short periods of time. Can I apply for TPS?  

Maybe. Whether you still qualify for TPS depends on the length and nature of your time outside of the United States. Please contact an immigration attorney to discuss your situation further.

I am from Yemen, and I now have a green card. Do I need to apply for TPS?

No. As a permanent resident, you have legal status in the United States and are on a path to citizenship. You do not need and would not qualify for TPS.

I am from Yemen, 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.

Which people from Yemen should consider applying for TPS?

People who are here with no legal status should consider applying. Also, those who are here on a visa that is for a limited time or that does not allow employment might also benefit by receiving Temporary Protected Status. Having TPS does not hurt anything.

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.

 

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January 6, 2023—While President Biden’s announcement of temporary parole for a limited number of Haitians, Nicaraguans, Cubans, and Venezuelans sounds like humanitarian move, the reality is quite different. Only people safe enough to apply from their home countries, well-connected enough to find a U.S. sponsor, and wealthy enough to pay for a passport and airline ticket will be allowed to apply. The flip side of this announcement: people unable to remain in their home countries because their lives are in danger will not be allowed to apply for asylum here.  

“Today’s announcement betrays those most in need of safe haven in the United States,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota. “This return to Trump-era policies already struck down by multiple courts is a cruel travesty that cannot be allowed to stand.  

“Denying asylum to people whose long and dangerous overland journeys bring them to our southern border is both immoral and illegal. Asylum must not be conditioned on whether the asylum seeker walks or flies, on whether they are wealthy and well-connected or poor and friendless.” 

President Biden’s announcement expands Title 42 expulsions to Mexico to include Cubans, Nicaraguans, and Haitians, as well as migrants from Mexico, Guatemala, Honduras, and El Salvador. His administration will also reinstate Trump’s transit ban on asylum seekers, barring any who have traveled through a third country before arriving in the United States.  

Along with these draconian anti-asylum measures, “humanitarian parole” for a limited number of Haitians, Nicaraguans, Cubans, and Venezuelans will allow up to 30,000 migrants to enter the United States monthly. This “humanitarian parole” is a temporary two-year status, and is available only to individuals who apply online, from their home countries, with sufficient money and connections to obtain passports and airline tickets and U.S. sponsors.  

Barring asylum seekers or expelling them to dangerous camps in Mexico violates both U.S. and international law. U.S. asylum law states: 

“Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum …” [8 USC 1158(a)(1)] 

History of DL in MN Infographic

This fact sheet is current as of December 12, 2022. It is not legal advice.

On Friday, October 21, 2022, Secretary of Homeland Security, Alejandro N. Mayorkas, announced a new Temporary Protected Status (TPS) designation for Ethiopia for 18 months, beginning on December 12, 2022 through June 12, 2024. Secretary Mayorkas made the decision to protect “Ethiopian nationals currently residing in the U.S. who cannot safely return due to conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought, and displacement.” 

What is temporary protected status (TPS)? 

TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country. 

During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization. 

What does the designation of TPS for Ethiopia mean? 

This new designation enables Ethiopian nationals and individuals without nationality who last habitually resided in Ethiopia, who have continuously resided in the United States since October 20, 2022, to file initial applications for TPS. 

Who is eligible for TPS under the Ethiopian designation? 

Ethiopian nationals and individuals without nationality who last regularly lived in Ethiopia, who currently live in the United States, may file initial applications for TPS. Individuals must prove that they resided continuously in the United States since October 20, 2022. 

Other eligibility criteria are included in the Federal Register Notice. All individuals applying for TPS undergo security and background checks as part of determining eligibility. The Federal Register notice will also explain the eligibility criteria applicants must meet and describe procedures necessary to submit an initial TPS application and apply for work authorization documentation. 

Is TPS status given automatically? 

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. The application process can be complicated, and we recommend contacting a licensed immigration attorney. 

The registration period for individuals to submit TPS applications under the designation of Ethiopia for TPS begins on December 12, 2022 and will remain in effect through Wednesday, June 12, 2024. 

How long will eligible individuals have protection under TPS? 

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is designating Ethiopia for TPS for an 18-month period, from December 12, 2022 through June 24, 2024. That said, TPS status can be extended. 

I am from Ethiopia, 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 Ethiopia, 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. 

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 or call us at (651) 641-1011. 

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Council Members Jason Chavez and Aisha Chughtai are asking the Minneapolis City Council to redirect $150,000 to the Neighborhood and Community Relations Department’s Office of Immigration and Refugee Affairs. ILCM has filed a comment in support of this request (see below).

Minneapolis residents can also comment in support of this action, You can

• Submit written Public Comment on any part of the Budget before December 6th using this form. (For “Where is this issue being considered?” Select “City Council,” then “Budget Committee” and for “Subject or file number” write “2023 Budget”)
• Testify in person on December 6th at 6pm at City Hall (350 S 4th St). Read the rules for participating in Public Comment. 
• Email City Council Members sharing your comments. Find contact information for all Council Offices here. 
• Watch the Markup Sessions live on December 1st and December 2nd at 10am on the City Council TV.

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ILCM’s public comment in support of this action:

I am writing in support of the proposal of Council Members Jason Chavez and Aisha Chughtai redirecting $150,000 to the Neighborhood and Community Relations Department’s Office of Immigration and Refugee Affairs. 

Nearly 2,000 new Minnesotans[1] braved a November snowstorm to take their oaths as new citizens of the United States on November 29. They came from 99 countries and had worked and waited for years for this moment. Like nearly half of the immigrants in Minnesota, they are now citizens.  

Many others still wait. The U.S. Citizenship and Immigration Service estimates that more than 41,000 residents of Hennepin County are eligible to become citizens.[2] Lack of funds and information and the lengthy and complicated application process make it difficult for many to complete the process.  

Citizens or not, immigrants and refugees make huge contributions to Minneapolis and to all of Minnesota.  

In 2019, Minneapolis was home to more than 63,000 immigrants and refugees, who made up about 15 percent of the total population of the city. Collectively, they earned $1.7 billion, and paid $284.8 million in federal taxes and $159 million in state and local taxes. In comparison with U.S.-born residents, they were more likely to be working-age, and more likely to be employed. They made up disproportionate shares of workers employed in health care, construction, transportation, warehousing, manufacturing, and hospitality.[3] 

New immigrants continue to arrive. Between September 2021 and September 2022, Minnesota welcomed 1,363 Afghan evacuees.[4] At least 500 Ukrainians arrived in Minnesota between March and September 2022.[5] People fleeing war, violence, and persecution continue to arrive and to be welcomed in Minnesota and in Minneapolis. They need assistance in the first months and years after their arrival, as they become integrated into the social and economic fabric of the community. They also need continuing legal assistance to make their way through the maze of immigration applications and regulations.  

Funding from the Office of Immigrant and Refugee Affairs has been successful in helping Minneapolis residents to thrive in our community. The funds allow families to stay together and individuals to stay in this country and continue contributing to our communities.  

An investment in services to immigrants, and specifically in legal services, is an acknowledgment of the key contributions and unique challenges of the immigrant community in Minnesota.   

Respectfully submitted, 

Veena Iyer 

Executive Director 

Immigrant Law Center of Minnesota 

 

[1] Zoë Jackson, “They pledged allegiance to the flag for the first time as U.S. citizens.” Star Tribune, 11/30/2022. <https://www.startribune.com/they-pledged-allegiance-to-the-flag-for-the-first-time-as-u-s-citizens/600231194/> 

[2] “Eligible to Naturalize Fact Sheet.” U.S. Citizenship and Immigration Services. <https://www.uscis.gov/sites/default/files/document/fact-sheets/Eligible_to_Naturalize_Fact_Sheet_CBSA_MINNEAPOLIS.pdf> (consulted 11/30/2022) 

[3] New Americans In Minneapolis. New American Economy brief, 6/16/2021. <https://research.newamericaneconomy.org/report/new-americans-in-minneapolis-2/>  (consulted 11/30/2022) 

[4] “Welcoming Afghan Evacuees.” MN Department of Human Services. <https://mn.gov/dhs/people-we-serve/children-and-families/services/refugee-assistance/afghan-evacuees/> (consulted 11/30/2022) 

[5] Nina Moini, “Ukrainian Teens Start School in Minnesota.” MPR, 9/2/2022. <https://www.mprnews.org/story/2022/09/01/ukrainian-teens-start-school-in-minnesota> 

 

 

 

 

In 2021, the House of Representatives passed legislation that received support from Democrats and a number of Republicans that would provide permanent solutions for Dreamers, Temporary Protected Status (TPS) holders, and the agricultural workforce. In 2023, it is unlikely that these measures will get a vote in the House.

Congress must act, but it will only act if members know that supporting immigrants is a top priority for their constituents. Call your Senators. Call your Congressional Representative. Tell them that Congress must act NOW in December to pass:

• the American Dream and Promise Act, a pathway to citizenship for Dreamers and TPS holders;
• the Farm Workforce Modernization Act;
• the Afghan Adjustment Act.

As many as 2.3 million Dreamers brought to the United States as children are at risk of deportation if Congress does not act. They have grown up here, gone to school here, and many now are essential workers, contributing to and supporting the country they call home.

Almost 400,000 TPS and DED holders, unable to return home because of war and natural disasters, have lived here for years, often for decades. Although about 130,000 of these immigrants are essential workers, they still have no path to permanent residence, no line to wait in.

Congress must pass legislation that would provide Dreamers and TPS holders with certainty – protecting them from deportation and affording them an opportunity to obtain permanent legal status in the United States.

Farmworkers have maintained our food supply and ensured Americans have food on their tables throughout the past two years. Yet as many as 78% of them – including the undocumented, temporary guest-workers, green card holders, and naturalized citizens – were born outside of the United States. The House has passed and now the Senate must pass legislation to reform and modernize our agricultural visa program.

Afghans who worked with U.S. forces before the Taliban takeover of their country remain at high risk. More than 80,000 fled to the United States in 2021. For many, their temporary humanitarian parole status will run out in 2023, leaving them at risk of deportation. Others remain in uncertain exile or hiding within Afghanistan as Taliban forces hunt them down. They need and deserve the protection of the Afghan Adjustment Act.

A majority of Republicans and Democrats across the country support a path to citizenship for Dreamers, for TPS holders, for farm workers, and for Afghan refugees.

NOW is the time to act.

Call your Senators. Call your Congressional Representative. Tell them that Congress must act NOW in December to pass:

• the American Dream and Promise Act, a pathway to citizenship for Dreamers and TPS holders;
• the Farm Workforce Modernization Act;
• the Afghan Adjustment Act.

 

This ILCM fact sheet is current as of November 16, 2022. This is not legal advice.

December 6, 2022 UPDATE: The Department of Homeland Security (DHS) announced the extension and redesignation of Haiti for TPS for 18 months from February 4, 2023, through August 3, 2024. Those individuals who have already been residing in the United States as of November 6, 2022, will be eligible for TPS under Haiti’s redesignation. DHS will publish a Federal Register notice that will explain the procedure to (re)register. 

Printable PDF version of this fact sheet.

On November 10, 2022, the Department of Homeland Security (DHS) posted a Federal Register Notice announcing that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remain in effect, provided they remain individually eligible for TPS. Their Employment Authorization Documents (EAD) are auto-extended through June 30, 2024.

Country	Status of TPS	Current End Date
El Salvador	Extended by DHS on Nov. 10, 2022	As long as the preliminary injunction in Ramos remains in effect.
Haiti	2011 designation – extended by DHS on Nov. 10, 2022 New TPS designation for Haiti on Aug. 3, 2021.	11.10.22 extension: as long as the preliminary injunction in Ramos remains in effect. 08.03.21 designation: Feb. 3, 2023
Honduras	Extended by DHS on Nov. 10, 2022	As long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect.
Nepal	Extended by DHS on Nov. 10, 2022	As long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect.
Nicaragua	Extended by DHS on Nov. 10, 2022	As long as the preliminary injunction in Ramos remains in effect.
Sudan	2013 designation – extended by DHS on Nov. 10, 2022 New TPS designation for Sudan on April 19, 2022	11.10.22 extension: as long as the preliminary injunction in Ramos remains in effect. 04.19.22 designation: Oct. 19, 2023

 

What is temporary protected status (TPS)?

TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.

During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.

What does the extension of TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan mean?

This extension enables current beneficiaries of the designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation to maintain certain valid TPS documentation.

TPS holders from Haiti or Sudan may also apply under the more recent designations of Haiti and Sudan in 2021 and 2022, respectively, and if granted, will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction.

This notice automatically extends the validity of TPS-related Employment Authorization Documents (EADs); Notices of Action (Forms I-797); and Arrival/Departure Records (Forms I-94), (collectively “TPS-related documentation”) for those beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.

Who is eligible for TPS under this extension?

Only current beneficiaries of El Salvador, Honduras, Nepal, Nicaragua TPS, the 2011 Haiti designation, and the 2013 Sudan designation are eligible for the automatic extension if they otherwise continue to meet eligibility requirements.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending TPS for current beneficiaries of the TPS designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation as long as the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remains in effect. TPS status can, however, be extended.

How long is my EAD valid now?

Your Employment Authorization Document (EAD) is auto-extended through June 30, 2024.

How do I prove my EAD was automatically extended?

To prove your EAD is extended until June 30, 2024, TPS beneficiaries can show their EADs and the Federal Register Notice to employers to demonstrate that DHS has extended your EAD and employment authorization through June 30, 2024. The Federal Register notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended.

 

El Salvador

I am from El Salvador and currently have TPS. Do I need to re-register?

Current beneficiaries under the TPS designation for El Salvador do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for El Salvador:

• 18 through March 19, 2018
• July 8 through Sept. 6, 2016

I am from El Salvador and do not currently have TPS, may I apply?

Unfortunately, no. This extension only applies to people who currently have TPS under the El Salvador designation. Please contact an immigration attorney to discuss further options you may have.

 

Haiti

I am from Haiti and currently have TPS. Do I need to re-register?

No. Current beneficiaries under the 2011 Haiti TPS designation do not need to re-register to maintain TPS.

If you are a beneficiary of TPS under the August 2021 Haiti designation, this extension does not impact you. Your TPS is still valid. You do not need to re-register. Your EAD is still valid until February 3, 2023.

I am from Haiti and I currently have TPS under the 2011 designation. Should I apply for TPS under the new May 2021 designation?

Maybe. You are allowed to apply under the more recent designation of Haiti in 2021 and if granted, you will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.

I am from Haiti and do not have TPS. Can I apply?

Yes. You may register for TPS under the August 2021 designation. You need to apply before February 3, 2023.

 

Honduras

I am from Honduras and currently have TPS. Do I need to re-register?

Current beneficiaries under the TPS designation for Honduras do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for Honduras:

• May 16 through July 15, 2016
• 15, 2017, through Feb. 13, 2018
• June 5 through Aug. 6, 2018

I am from Honduras and do not currently have TPS, may I apply?

If you never had TPS for Honduras, you cannot apply for TPS now. If you previously had TPS for Honduras, but you have not re-registered during at least one of the above registration periods, DHS says you should file now and explain your reasons for filing late. You can also contact an immigration attorney to discuss further options you may have.

 

Nepal

I am from Nepal and currently have TPS. Do I need to re-register?

Current beneficiaries under the TPS designation for Nepal do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for Nepal:

• May 22 through July 23, 2018
• 26 through Dec. 27, 2016

I am from Nepal and do not currently have TPS, may I apply?

If you never had TPS for Nepal, you cannot apply for TPS now. If you previously had TPS for Nepal, but you have not re-registered during at least one of the above registration periods, DHS says you should file now and explain your reasons for filing late. You can also contact an immigration attorney to discuss further options you may have.

 

Nicaragua

I am from Nicaragua and currently have TPS. Do I need to re-register?

Current beneficiaries under the TPS designation for Nicaragua do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for Nicaragua:

• 15, 2017, through Feb. 13, 2018
• May 16 through July 15, 2016

I am from Nicaragua and do not currently have TPS, may I apply?

Unfortunately, no. This extension only applies to people who currently have TPS under the Nicaragua designation. Please contact an immigration attorney to discuss further options you may have.

 

Sudan

I am from Sudan and currently have TPS. Do I need to re-register?

No. Current beneficiaries under the 2013 Sudan TPS designation do not need to re-register to maintain TPS.

If you are a beneficiary of TPS under the April 2022 Sudan designation, this extension does not impact you. Your TPS is still valid. You do not need to re-register. Your EAD is still valid until October 19, 2023.

I am from Sudan, and I currently have TPS under the 2013 designation. Should I apply for TPS under the new April 2022 designation?

Maybe. You are allowed to apply under the more recent designation of Sudan in 2022 and if granted, you will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.

I am from Sudan and do not have TPS. Can I apply?

Yes. You may register for TPS under the April 2022 designation. You need to apply before October 19, 2023.

 

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 or call us at 1-800-223-1368.