The previous administration made significant strides in providing humanitarian relief to immigrants from countries facing severe crises. Among these efforts was the designation or extension of Temporary Protected Status (TPS) for nationals of Nepal, Honduras, Venezuela, Haiti, El Salvador, and other countries.
TPS offered a lifeline to those who cannot safely return home due to ongoing conflicts, natural disasters, or other extraordinary conditions. However, the current administration has already begun taking concrete steps to end these protections.
This article outlines what TPS is, why it’s critical, and what urgent steps immigrants can take as these protections face imminent changes or termination.
Table of Contents
Understanding TPS and its benefits
Temporary Protected Status is a humanitarian program introduced in 1990, that provides temporary relief from deportation and work authorization to eligible nationals from countries designated by the US government as unsafe for return whether that’s due to war, environmental disaster, or a foreign state is temporarily unable to adequately handle the return of its nationals.
Under Biden’s leadership, Nepal, Honduras, Venezuela, and Haiti received TPS designations due to conditions such as:
- Nepal: Ongoing recovery from the 2015 earthquake and political instability.
- Honduras: Persistent violence, poverty, and the aftermath of hurricanes.
- Venezuela: Severe economic collapse and political repression.
- Haiti: Political unrest, natural disasters, and gang violence.
TPS provides a safety net, enabling individuals to live and work in the US temporarily. While it does not offer a direct path to permanent residency or citizenship, it can be renewed as conditions in the home country persist. Many immigrants with TPS spend decades in the US. During their time in the US, if a TPS recipient becomes eligible for permanent residence, they may apply for that status.
Beyond TPS, the previous administration introduced parole programs for nationals of Venezuela, Nicaragua, Haiti, and Cuba. These programs provide temporary entry and limited relief but are not as robust as TPS. Unlike TPS, parole programs do not grant work authorization or protection from deportation beyond their limited duration, and they are more vulnerable to non-renewal under a future administration.
The risks for immigrants if TPS is terminated by the incoming Trump administration
The current Trump administration has taken explicit action against TPS programs, particularly for Venezuela. The Secretary of Homeland Security published a decision on February 5, 2025, to terminate TPS for Venezuela. This follows a February 3, 2025 vacatur of a previous January 17, 2025 notice that had extended the TPS designation for Venezuela.
While this termination is currently blocked by a federal court order issued on March 31, 2025, the Department of Homeland Security has clearly stated its “intention of ending Venezuela TPS as soon as it obtains relief from the court order.” This legal battle echoes the pattern from President Trump’s first term, when he sought to terminate TPS for several countries, citing his belief that the program had outlived its purpose.
The consequences of TPS termination for countries like Venezuela, Nepal, Honduras, and Haiti would be far-reaching and severe. Not only would affected individuals lose their legal status and face possible deportation, but the loss of work authorization would devastate their economic stability. This impact extends beyond individual TPS holders to adversely affect entire communities, as many recipients have spent years or decades building lives in the United States, establishing businesses, raising families, and becoming integral parts of their local neighborhoods.
Here are some things immigrants can do to prepare
While no preparation can fully eliminate the risks associated with potential policy changes, having a solid plan and understanding your options can help provide some security during uncertain times.
Here are some proactive steps that immigrants can take to protect themselves and their families.
1. File for asylum
Asylum is a form of protection granted to individuals who can demonstrate a credible fear of persecution if they return to their home country. Persecution must be based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The basic legal standard requires showing that the harm faced is severe and that the government of the home country is either involved and unwilling or unable to provide protection.
Filing for asylum offers several benefits including protection from deportation while their case is being considered and, if successful, offers a pathway to legal status and eventually permanent residency. Applicants also receive work authorization after their application has been pending for a certain period of time, allowing them to earn an income while they’re waiting.
For those in the US under TPS or parole programs, filing for asylum may be a critical step to securing a more permanent solution. It is essential to act promptly, as asylum applications generally must be filed within one year of arriving in the US with limited exceptions.
2. Explore alternative immigration pathways
Other options available may include:
Adjustment of status through family or employment
For many TPS holders, pursuing permanent residency may be possible through family relationships or employment opportunities. If you have immediate family members who are US citizens or permanent residents, they may be able to petition to qualify you to apply for permanent residence.
Similarly, employers can sponsor qualified workers through various employment-based visa categories, particularly for those with specialized skills or in high-demand industries. It’s essential to evaluate your eligibility early, as these processes can take considerable time.
Humanitarian protection programs
The US immigration system offers several humanitarian-based protections that might provide alternatives to TPS. For example, U visas are available for individuals who have been victims of certain crimes and have assisted law enforcement, and T visas provide protection for survivors of human trafficking. Special Immigrant Juvenile Status offers a pathway for young people under 21 who have been abused, abandoned, or neglected by one or both parents.
Each of these options has specific eligibility requirements and application procedures.
Deferred action possibilities
In certain extremely compelling cases, individuals may qualify for deferred action, which temporarily postpones deportation proceedings. While not a permanent solution, deferred action can provide breathing room to explore other immigration options. In exceptional cases, deferred action may be available after a removal order has been entered.
Factors that immigration authorities consider include length of residence in the US, family ties, community involvement, and humanitarian concerns. This discretionary relief requires strong documentation of positive factors and often benefits from professional advocacy.
3. Seek Legal Advice
Navigating immigration law is complex, and each of the foregoing options is best considered with the assistance of a licensed and experienced immigration attorney. Exploring these pathways requires a careful assessment of individual circumstances and calls for professional expertise. An experienced immigration attorney can evaluate your specific situation, identify potential options you might have overlooked, and help develop a comprehensive strategy. Many non-profit organizations and legal aid societies offer low-cost or free initial consultations to help assess the possibilities open to you.
4. The importance of advocacy
Advocacy plays a vital role in safeguarding TPS and related immigrant relief programs, with grassroots organizations leading the charge for program extensions and permanent protections.
By supporting these organizations and sharing personal narratives, immigrants and their allies can help build public understanding of how TPS impacts real families and communities, putting human faces to what might otherwise seem like abstract policy decisions.
Beyond individual and community advocacy, engaging with lawmakers remains crucial for achieving lasting change. Supporters can contact their representatives to push for comprehensive legislation like the Dream and Promise Act, which aims to provide TPS holders with a path to permanent residency.
This coordinated approach, combining grassroots activism with legislative advocacy, creates a more powerful voice for immigrant communities and increases the likelihood of achieving meaningful policy reforms.
Take action today, Access 61 can help you consider your options and apply for asylum
The creation and extension of TPS for countries like Nepal, Honduras, Venezuela, and Haiti under the previous administration provided critical humanitarian relief. However, the current administration’s explicit moves to end TPS demonstrate that these protections are now actively being dismantled rather than merely at risk.
Despite temporary judicial intervention protecting Venezuelan TPS holders, the administration has made clear its intention to end these protections as soon as legally possible.
If you or someone you know is affected by TPS or a parole program and is unsure of what steps to take, we can help. Visit Access61 to learn more about determining whether asylum or another immigration option may be right for you based on the conditions in your home country and your individual circumstances. Contact us today.
frequently Asked Questions About EOIR Limited Appearance Representation
What does “limited appearance” mean?
“Limited appearance” is when an attorney represents a client for a specific part or proceeding of a legal case, instead of the entire case. This allows clients to get legal help for specific needs without full engagement, often saving costs.
What is included in appearance?
Appearance includes an attorney’s physical presence in court, filing of legal documents, and motions, and participation in negotiations, hearings, and other related legal proceedings on behalf of a client.
Does appearance make a difference in court?
Yes, having an attorney present in court ensures that a client’s rights are protected, their case is effectively presented, and they are guided through legal procedures, which can influence the case outcome significantly.
Can an EOIR-60 or EOIR-61 be filed in any case?
No, EOIR-60 and EOIR-61 forms are specific to cases handled by the Executive Office for Immigration Review (EOIR) and are related to immigration court proceedings. They are not applicable in other legal cases.
Who is required to complete an EOIR-60 or EOIR-61?
An EOIR-60 or EOIR-61 must be completed by attorneys or accredited representatives who wish to enter an appearance in immigration court formally or before the Board of Immigration Appeals on behalf of a client. The forms notify the court and the opposing party of the legal representation.
