By Pedro Bianco
En esta noticia
U.S. law provides protection for beneficiaries of Temporary Protected Status (TPS) that many people do not know about: if the government does not publish its decision on a country on time, the protection does not end automatically, but rather is extended on its own.
That safeguard is in Section 244 of the Immigration and Nationality Act (INA) and serves as a safety net against delays.
What TPS is
Temporary Protected Status, or TPS, is an immigration protection the United States grants to citizens of certain designated countries who cannot safely return because of armed conflict, an environmental disaster or other extraordinary, temporary conditions. While it is in effect, it protects the person from deportation and, in general, allows them to obtain work authorization.
Who decides and for how long
A country’s TPS designation is decided by the Homeland Security secretary (the head of DHS) after consulting with other government agencies. Each designation is granted for a set period, which under the law can be 6, 12 or 18 months. Once that period ends, the government must decide whether to extend it or end it.
The 60-day rule
The law requires the government to review conditions in the country and determine, at least 60 days before the current period expires, whether it will extend or end the TPS designation. If it decides to end it, it must publish that determination in the Federal Register, and the end date cannot take effect until 60 days after that publication (or, if later, at the end of the current period).
What happens if DHS does not decide on time: automatic extension
If the government does not publish its determination on time, meaning it does not act at least 60 days before the expiration date, the law does not leave beneficiaries without protection. Section 244 itself states that, in that case, the designation is automatically extended for an additional 6 months. The secretary may, at their discretion, set that automatic extension at 12 or 18 months, but the default minimum is six months.