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The temporary protection offered by the United States to nationals of countries in crisis is one of the humanitarian pillars of the American immigration system. Temporary Protected Status (TPS) for Sudan and South Sudan illustrates how Washington responds to prolonged conflicts and political instability, allowing citizens of these countries to remain legally on American soil while their home nations face unsafe conditions. This guide explains the history of designations, who can benefit, and what to expect from the program.
What is Temporary Protected Status
The Temporary Protected Status (TPS) is an immigration benefit created by the Immigration Act of 1990 that allows the Secretary of Homeland Security to designate countries whose nationals cannot safely return due to armed conflict, environmental disaster, or other extraordinary and temporary conditions. Beneficiaries receive protection against deportation and may apply for an Employment Authorization Document (EAD) during the validity period of the designation.
TPS does not, on its own, lead to permanent residency or citizenship. It is a temporary benefit, subject to periodic renewal based on the U.S. government’s assessment of conditions in the designated country. Each designation has a defined duration, generally six to eighteen months, and may be extended, redesignated, or terminated.
Sudan’s Designation
Sudan has been part of the TPS system since the 1990s, with a history marked by successive extensions, one termination attempt, and new designations. In April 2022, during the Biden administration, the Department of Homeland Security announced a new eighteen-month designation for the country, based on the military takeover of the Sudanese government, violence against civilians, and the humanitarian crisis stemming from unprecedented flooding, food shortages, and ethnic conflicts in Darfur, Blue Nile, and South Kordofan.
Subsequent extensions
Since then, the designation has been extended at various points to reflect the deteriorating conditions in the country, especially following the outbreak of civil war between the Sudanese Armed Forces and the Rapid Support Forces in April 2023. Each extension is published in the Federal Register and establishes a new validity deadline, requiring beneficiaries to re-register within the indicated period to maintain active status.
Termination attempt
In October 2017, a notice was published announcing the end of Sudan’s designation effective November 2018. The measure, however, was stayed by litigation, and protection remained in effect for existing beneficiaries. This episode illustrates how TPS can shift based on the policy priorities of each administration, without immediate impact on those who already hold the status.
South Sudan: continuous protection
South Sudan has held an uninterrupted TPS designation since its independence in 2011. The conditions sustaining this protection include prolonged armed conflict, violence against women and children, massive civilian displacement, and severe food crises compounded by successive floods. The May 2022 redesignation expanded the pool of eligible individuals to include South Sudanese nationals who had been continuously residing in the United States since March 1, 2022.
Like Sudan, South Sudan undergoes periodic reviews, and each extension sets a new deadline and re-registration window. Beneficiaries must monitor official announcements from the U.S. Citizenship and Immigration Services (USCIS) to avoid gaps in coverage between one designation and the next.
Eligibility criteria
To qualify for TPS under any designation, an applicant must meet cumulative requirements:
- Be a national of the designated country or a stateless person who habitually resided there
- Demonstrate continuous physical presence in the United States as of the date established in the designation
- Demonstrate continuous residence in the United States since the eligibility date
- File an application within the initial registration or re-registration window
- Have no felony convictions or multiple offenses that would constitute ineligibility
- Pass background checks and security screenings conducted by USCIS
Individuals who entered the United States after the cutoff date specified in the designation are not eligible, even if they are nationals of the designated country. This time-based limit is strictly enforced and admits no discretionary exceptions.
Documents and process
The TPS application is filed using Form I-821 (Application for Temporary Protected Status). Applicants seeking employment authorization must simultaneously file Form I-765 (Application for Employment Authorization). Official fees vary based on the applicant’s age and type of petition (initial or re-registration) and are subject to periodic revision by USCIS.
Typical documentation includes proof of nationality (passport, birth certificate, or consular document), evidence of continuous entry and residence in the United States (utility bills, lease agreements, medical records, tax returns), and photo identification. The absence of a single document does not disqualify a petition, provided the applicant presents a consistent body of supporting evidence.
Limitations and renewals
TPS is periodically reviewed by the Secretary of Homeland Security, who decides on extension, redesignation, or termination based on interagency consultation and an assessment of conditions in the country of origin. Changes in U.S. administrations can significantly alter TPS policies, as demonstrated by the attempted termination of Sudan’s designation in 2017, which was subsequently blocked by litigation.
Beneficiaries should monitor the official USCIS website and publications in the Federal Register directly to confirm validity dates, re-registration windows, and specific instructions. Missing the re-registration deadline can result in a lapse of status and EAD, with serious consequences for employment and lawful presence.
Because it is a temporary benefit, TPS does not replace permanent immigration pathways. Beneficiaries seeking long-term stability should evaluate, with expert guidance, alternatives such as asylum, adjustment of status through family or employment ties, or other pathways available based on individual circumstances.
Monitoring official sources remains essential for anyone eligible for or already holding TPS, as deadlines and criteria are frequently updated and vary according to each specific country designation.
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
