In the realm of U.S. immigration policy, Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) are crucial forms of humanitarian relief that serve distinct purposes. For Arab American organizations and community members, understanding these programs is essential for effective advocacy and support.
What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) was established by the Immigration Act of 1990 and is enacted in Section 244 of the Immigration and Nationality Act (INA). TPS is a humanitarian initiative administered by the U.S. Department of Homeland Security (DHS) and offers protection to nationals from countries facing severe crises such as ongoing conflict or environmental disasters that make it unsafe for them to return home.
To qualify for TPS, individuals must be nationals of a designated country or people without nationality who last resided in such a country. They must have been continuously present in the U.S. since the country’s TPS designation and meet other specified requirements. Those granted TPS are permitted to live and work in the U.S. for a period typically ranging from 6 to 18 months, and they are protected from deportation. TPS is reviewed periodically; if conditions in the home country do not improve, the status can be extended. Additionally, applicants need to file a TPS application and renew it as required. They also have the option to apply for advance parole, a temporary travel permit that allows them to leave the U.S and return without losing their protected status. However, reentry is not guaranteed and depends on approval by U.S. Customs and Border Protection (CBP).
What is Deferred Enforced Departure (DED)?
Deferred Enforced Departure (DED) operates differently from TPS. Unlike TPS, which is established by statute, DED is granted through executive action by the President. This form of relief is used to protect individuals from countries where returning is unsafe due to crises like ongoing conflict or natural disasters.
DED eligibility is determined by presidential directives and is typically granted to nationals of countries designated by a presidential memo or executive order. While DED protects individuals from deportation and may provide work authorization, the benefits are less standardized and can vary based on presidential decisions. The duration of DED is also determined by the President and can change at any time depending on evolving conditions or policy shifts. The application process for DED is less formalized and entirely up to the President’s executive orders. It may involve registration with U.S. Citizenship and Immigration Services (USCIS) or other governmental entities. Unlike TPS holders, DED beneficiaries generally face more restrictions on travel since they cannot apply for advance parole and must instead obtain authorization from USCIS to avoid losing their status. Traveling without this authorization can risk losing DED status and may jeopardize reentry into the U.S.
Current DED Designations:
Key Differences Between TPS and DED
- Legal Basis: TPS is established by law (INA), offering a more predictable and formal framework. DED is granted through executive action, making it more flexible but less predictable.
- Duration and Stability: TPS provides a structured review process and stability in the duration of relief, while DED is more subject to presidential discretion and can vary in duration.
- Eligibility and Application: TPS has a formal application process with specific eligibility requirements. DED eligibility is based on presidential directives and involves a less formalized process.
- Travel and Benefits: TPS holders can apply for advance parole to travel outside the U.S. and typically enjoy more standardized benefits. DED beneficiaries are unable to apply for advanced parole, face more travel restrictions, and have less clearly defined benefits.
- Scope and Designation: TPS is generally granted to nationals of specific countries designated due to crises, whereas DED can be applied to specific populations or countries based on presidential decisions and may include broader or narrower groups within those countries.
For Arab American communities, understanding the difference between TPS and DED is vital for navigating humanitarian relief options and advocating effectively. While recent executive actions, such as the DED for Lebanon, are important steps forward, they are only part of a larger initiative. To advance our cause, we must continue advocating for similar protections for other vulnerable populations and push for more comprehensive measures.