What US INA Temporary Protected Status (8 USC 1254a): Designation, Eligibility and Bars requires
Section 244 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1254a, creates Temporary Protected Status (TPS), under which nationals of a designated foreign state who are in the United States may be protected from removal and authorized to work for the duration of the designation, administered by US Citizenship and Immigration Services. Section 1254a(a) provides that, in the case of an alien who is a national of a designated foreign state and meets the eligibility requirements, the Attorney General (now the Secretary of Homeland Security) may grant the alien temporary protected status, shall not remove the alien from the United States during the period in which such status is in effect, and shall authorize the alien to engage in employment. Section 1254a(b) governs designations: the Secretary may designate a foreign state (or part of a state) for TPS upon finding that there is an ongoing armed conflict within the state that would pose a serious threat to the personal safety of returned nationals, that there has been an environmental disaster (or epidemic) resulting in a substantial but temporary disruption of living conditions such that the state is unable to handle the return of its nationals, or that there exist extraordinary and temporary conditions in the state that prevent its nationals from returning in safety; designations are for a set period and subject to periodic review, extension and termination. Section 1254a(c) sets the eligibility requirements for an individual alien: continuous physical presence in the United States since the effective date of the most recent designation, continuous residence in the United States since a date the Secretary designates, admissibility as an immigrant (with certain waivers), and timely registration. Section 1254a(c)(2)(B) sets the bars: an alien is ineligible if convicted of any felony or two or more misdemeanors committed in the United States, or if subject to the persecutor bar or the security-related grounds. TPS is temporary and does not by itself lead to permanent resident status.
Pillar: Immigration & Border Control · Authority: US Congress / US Citizenship and Immigration Services (Department of Homeland Security) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: f4c34dc0ce32de6779a8f13e54cfe44da16d10cf899c7e63c97a82516f0e6637
Primary Citations — 8 traced to source
- Immigration and Nationality Act 244, 8 U.S.C. 1254a(a) - grant of temporary protected status (no removal; employment authorization).
- Immigration and Nationality Act 244, 8 U.S.C. 1254a(b)(1) - designation of a foreign state (ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions).
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