TPS vs. DED: What Does It All Mean?

TPS vs. DED: What Does It All Mean?

The US recently announced Temporary Protected Status for Venezuela and Burma. It also extended Deferred Enforced Departure for Venezuelans. There currently only two (2) countries eligible for DED, Liberia and Venezuela. The countries currently designated for TPS are Burma, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Venezuela, and Yemen.

What is TPS & DED?

Temporary Protected Status – allows foreign nationals to remain in the U.S. if conditions in their home country make it unsafe for them to return. These conditions may include ongoing armed conflict, natural disasters (including epidemics), or other extraordinary and temporary conditions in the country that temporarily prevent its nationals from returning safely.

Deferred Enforced Departure – The president may authorize Deferred Enforced Departure (DED) in his discretion and as part of his constitutional power to conduct foreign relations. Individuals covered by DED are not subject to removal from the United States for a designated period of time. Individuals may also request employment authorization if it is provided as a benefit of DED.

What is the difference between TPS and DED?

Although both statuses protect the recipient from the threat of deportation and typically provides the ability for the recipient to work and obtain travel authorization, there are some differences:

  • TPS eligible countries are designated by the Secretary of the Department of Homeland Security, while DED is granted by the President pursuant to his power to conduct foreign relations.
  • DED merely protects from deportation and is automatic wherein no application is required. However, if work is permitted under the DED program, an application for an employment authorization document must be filed. TPS is considered an immigration benefit for which an application must be submitted within the registration period.
  • For applicants between the ages of 14 and 65, the fee for TPS and a work permit is $545.00; while DED recipients in the same age group would only pay $410 for the work permit.
  • All individuals applying for TPS undergo security and background checks as part of determining eligibility.

If you need help with an immigration matter, it can be overwhelming, and be hard to even know where to start looking for help or what options are available. Our attorneys at HAWM Law are ready, experienced and committed to helping immigrants at any stage of the US immigration process. You do not have to struggle through this process alone.

Ineligible for TPS & DED

TPS and DED both bar certain individuals from obtaining the relevant status. Persons who meet the criteria below, among other things, are ineligible for TPS and DED:

  • Have been convicted of any felony or two or more misdemeanors committed in the United States;
  • Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
  • Fail to meet the continuous physical presence and continuous residence in the United States requirements;
  • Fail to meet initial or late initial TPS registration deadlines; or
  • If granted TPS, you fail to re-register for TPS, as required, without good cause.
  • Presence in the United States is not in the best interest to stay in the United States or present a danger to public safety.

TPS & DED – Venezuela Eligibility Dates

TPS vs. DED

TPS and DED protect individuals against removal and allow the opportunity for a work permit. If you are from a country that is eligible for both TPS or DED and you are unsure of what to do, we encourage you to Contact HAWM to discuss which benefit is suitable for your specific situation.