Supreme Court Ruling on Temporary Protected Status (TPS)

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Background on TPS

Definition of TPS

Temporary Protected Status (TPS) is a temporary status given to eligible nationals of designated countries who are present in the United States. The status, afforded to nationals from some countries affected by armed conflict or natural disaster, allows individuals to live and work in the United States for limited periods.

Current TPS Countries

Currently, individuals from 12 countries have temporary protected status:

• Haiti
• El Salvador
• Syria
• Nepal
• Honduras
• Yemen
• Somalia
• Sudan
• Nicaragua
• Myanmar
• South Sudan
• Venezuela

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The Supreme Court Ruling

The Legal Question

On June 8, 2021, the U.S. Supreme Court ruled on whether individuals could use their TPS to adjust status if they entered the country unlawfully.

Conflicting Rules Across States

The right of TPS holders to adjust status has been unclear for many years, with different states and regions of the country having different rules. The Supreme Court was forced to step in to resolve these conflicting legal issues.

The Court’s Decision

The Supreme Court ruled that so long as an individual entered the country via some legal status—such as with a student visa or a tourist visa—they could adjust their status.

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Impact of the Ruling

Clarity for TPS Holders

There are over 400,000 people from 12 countries with TPS status. This ruling further confirms and clarifies the ability of those on TPS to adjust their status.

Potential Congressional Action

The ruling may also force Congress to act more on TPS protections in the near future.