Who designates countries eligible for Temporary Protected Status (TPS)?

The designation of countries eligible for Temporary Protected Status (TPS) is the responsibility of the Secretary of Homeland Security. This authority is established under the Immigration and Nationality Act, which enables the Secretary to designate a foreign country for TPS when it faces conditions that temporarily prevent its nationals from returning safely. These conditions may include ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions.

The Secretary of Homeland Security evaluates the situation in potential candidate countries and makes the determination based on comprehensive assessments. This decision is significant because it directly impacts the ability of individuals from those countries to remain in the United States legally without fear of deportation, providing them with a form of humanitarian relief during times of crisis.

While the Secretary of State and the President of the United States play critical roles in broader immigration policy and international relations, neither has the specific authority to designate countries for TPS. Congress has the power to amend laws related to immigration but does not play a direct role in the TPS designation process. This clarifies why the Secretary of Homeland Security is the correct answer in this context.