Congressional Digest

Supreme Court Debates October 2021 No. 7 Vol. 24
Alejandro N. Mayorkas et al., Respondents

Legal Immigration

Temporary Protected Status and Undocumented Migration

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Alejandro N. Mayorkas et al., Respondents

Elizabeth B. Prelogar, Acting U.S. Solicitor General

The Immigration and Nationality Act (INA), passed by Congress in 1965, allows foreign nationals present in the United States to request that the government grant them lawful-permanent-resident status in the country (colloquially known as a green card). With some exceptions, noncitizens without permanent status must eventually leave the United States or face being forcibly deported. One such exception is if an alien has temporary protected status (TPS), a provision under the Immigration Act of 1990 that allows immigrants to remain in the United States if the government determines they are unable to safely return to their home country because of armed conflict, disaster or other extraordinary situations. …

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