Abstract

Temporary Protected Status (TPS) fills a gap in US law by providing temporary protection to de facto refugees fleeing ‘ongoing armed conflict,’ ‘environmental disaster,’ or other ‘extraordinary and temporary conditions’. To use TPS more effectively, the decisions about designating certain nationalities for TPS need to be more open and accountable, including consideration of a mandatory grant of TPS under especially egregious circumstances. If TPS is used more broadly, particularly as a response to mass exoduses, caution must be exercised that it not be considered as a substitute for permanent asylum for those refugees meeting the standard of a well-founded fear of persecution. Finally, for TPS to be an effective form of temporary protection, the US government should encourage voluntary repatriation and reintegration as part of a larger process of rehabilitation and reconstruction of societies emerging from conflict situations

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