Can TPS Holders Be Deported? Here’s the Truth You Need to Know


Shawn Sedaghat, Esq.
Are you or someone you know a TPS holder and wondering whether deportation is possible? Temporary Protected Status (TPS) offers many immigrants temporary relief from deportation, but does that mean deportation is entirely off the table? This article is here to explain everything you need to know about TPS, deportation risks, and how the two intertwine.
Let’s break down the facts about Temporary Protected Status and deportation so it’s clear and easy to understand.
What Is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a form of temporary legal status granted to people from certain designated countries that face unsafe conditions such as wars, natural disasters, or other temporary conditions. Individuals from these countries already residing in the U.S. may be eligible to apply for TPS, which allows them to stay in the country without fear of deportation and gives them the right to work.
But here’s the thing to remember: TPS is temporary. It doesn’t automatically lead to permanent residency or citizenship. When conditions in a designated country improve, TPS can be revoked, which means TPS holders may have to leave the U.S.
How Does TPS Work?
Once you are granted TPS, you are protected from removal and given an employment authorization document (EAD), which allows you to work legally in the U.S. You can also apply for travel authorization to travel abroad and reenter the U.S. without jeopardizing your status.
Here’s how it works step-by-step:
- TPS Designation: The Secretary of Homeland Security designates countries for TPS based on unsafe conditions such as ongoing armed conflicts, natural disasters, or other extraordinary and temporary conditions.
- Registration Period: If you are from a country that’s been given a TPS designation, you must apply during the registration period to be considered for TPS. Missing this window can disqualify you unless you meet specific exceptions.
- Eligibility: To be eligible for TPS, you must have been continuously physically present in the U.S. since the date your country was designated for TPS and meet other criteria, such as not having certain criminal convictions.
What Happens After TPS Is Granted?
Once you receive TPS, you are shielded from deportation for as long as TPS is in effect for your country. TPS holders can renew their status when the U.S. government extends the designation for their country. This renewal often happens every 6 to 18 months.
But here’s where it gets tricky—just because you have TPS doesn’t mean you can never be deported.

Can TPS Holders Be Deported?
Now, let’s get to the question you’re probably most concerned about: Can TPS holders be deported?
The short answer is yes, but only under certain circumstances.
Even though TPS offers protection from deportation, it’s not an absolute shield. There are a few situations where TPS holders may still face deportation:
- Criminal Activity: TPS holders can still be deported if they are convicted of certain crimes in the U.S. For example, if you’re convicted of a felony or two or more misdemeanors, you may lose your TPS and be placed in removal proceedings.
- Termination of TPS Designation: TPS is not a permanent solution. If the U.S. government determines that the conditions in your home country have improved, the TPS designation for that country can be terminated. Once that happens, TPS holders will revert to whatever immigration status they held before being granted TPS. If they don’t have legal status, they may become subject to deportation.
- End of TPS Status: If a TPS holder fails to re-register during the required periods or otherwise loses their protected status, they could face deportation. Always stay on top of re-registration deadlines to keep your protection valid.
What Happens When TPS Ends?
When TPS is terminated for a designated country, TPS recipients return to the immigration status they held before being granted TPS. For many, this means returning to an unlawfully present status, making them subject to deportation. Some TPS holders may seek other immigration benefits, such as applying for a green card through family or employment sponsorship if eligible.
Can TPS Holders Apply for a Green Card?
Though TPS does not provide a direct pathway to permanent residency or citizenship, some TPS recipients can adjust their immigration status if they meet specific eligibility requirements. For example, if a TPS holder has a close family member who is a U.S. citizen or lawful permanent resident, they may be able to apply for a green card.
However, recent rulings from the Supreme Court have made this more difficult for some TPS holders, particularly those who initially entered the U.S. unlawfully. In such cases, the individual may need to leave the U.S. and process their green card application through a U.S. consulate abroad, which can lead to additional hurdles like bans on reentry.
If you’re unsure about your options, it’s always a good idea to consult an experienced immigration attorney.
TPS and the Biden Administration
The Biden administration has expanded protections for some TPS holders and even extended or redesignated TPS for countries like Venezuela and Haiti. Under Biden, more people have gained access to TPS, and existing TPS designations have been renewed. However, TPS remains a temporary solution, and there has been ongoing debate about offering a permanent pathway to citizenship for TPS holders.
What Rights Do TPS Holders Have?
Here’s what TPS holders can legally do while holding TPS status:
- Work: With an employment authorization document, TPS holders can legally work in the U.S. as long as they hold TPS.
- Travel: TPS holders can apply for travel authorization if they need to travel outside the U.S. and return without losing their TPS status.
- Stay in the U.S.: TPS holders cannot be deported while their country is designated for TPS and they maintain their status.
Remember, TPS does not lead to a green card, but you can apply for other immigration benefits, such as asylum, while holding TPS.

Can You Be Denied TPS?
Yes, not everyone from a TPS-designated country qualifies for TPS. Some reasons for being denied TPS include:
- Criminal Convictions: If you’ve been convicted of a felony or two or more misdemeanors in the U.S., you may be ineligible for TPS.
- Terrorism or National Security Concerns: Individuals who pose national security threats, such as those involved in terrorist activities, are also ineligible.
- Late Application: Applying for TPS outside of the registration period without a valid exception can lead to denial.
If your TPS application is denied, you can try to appeal the decision. Working with an immigration lawyer can help improve your chances of success.
Conclusion
Temporary Protected Status offers many immigrants a temporary solution to avoid deportation and legally work in the U.S. However, it’s important to understand that TPS is not permanent, and TPS holders can still face deportation under certain conditions. If you or someone you know holds TPS, it’s crucial to stay informed about your rights and re-registration requirements.
To learn more about your options, reach out to an experienced immigration attorney who can help guide you through the process.
FAQs
1. Can TPS holders apply for a green card?
TPS itself doesn’t lead to a green card, but TPS holders may be able to apply for permanent residency if they are eligible through family or employment sponsorship. If you think you might qualify, consult an experienced immigration attorney.
2. Can a TPS holder be deported?
Yes, TPS holders can be deported if they commit serious crimes, fail to re-register, or if their country’s TPS designation is terminated. However, during the time that a country is designated for TPS, deportation is generally not an option unless the individual violates U.S. laws.
3. How long does Temporary Protected Status last?
TPS is a temporary status, and each country’s designation lasts for a set period, typically 6, 12, or 18 months. It can be extended by the U.S. government if conditions in the country remain unsafe.
4. Can TPS holders travel outside the U.S.?
Yes, but TPS holders need to apply for travel authorization before leaving the U.S. If you leave the country without this authorization, you may lose your TPS status upon return.
5. What happens when TPS ends?
When TPS ends, TPS holders return to the immigration status they had before being granted TPS. For many, this means returning to undocumented status, making them at risk for deportation unless they apply for other immigration benefits.