Deferred Enforced Departure (DED) is not a specific immigration status. Individuals covered by DED are not subject to enforcement actions to remove them from the United States, usually for a designated period of time. The President has discretion to authorize DED under his constitutional authority to conduct foreign relations. When presidents have exercised their discretion to provide DED to a certain group of individuals, they generally direct the Executive Branch agencies, such as the Department of Homeland Security (DHS), to take steps to implement appropriate procedures to apply DED and related benefits, such as employment authorization, to those individuals. Only certain nationals of Liberia who previously had TPS as of September 30, 2007 are now covered by DED. To continue being covered by DED, such Liberians must meet the requirements of President Obama’s last DED directive.
Temporary Protected Status (TPS) is a temporary status designated by the Attorney General based on certain events, such as natural disasters or on-going armed conflicts. Other extraordinary and temporary conditions in the country may also result in a TPS designation. Nationals of a TPS-designated country, or persons having no nationality who last habitually resided in the country who can demonstrate that they have been continuously residing and continuously physically present in the U.S. since certain dates that are specified in the Federal Register notice announcing the Secretary’s decision to designate the country for TPS, may be able to apply to stay temporarily and get work authorization until the Secretary determines that conditions have changed in their country, allowing them to return home safely. TPS is not asylum, not an amnesty, and it does not lead to permanent residence. The program is intended to assist people in crisis situations and designations are usually for twelve to eighteen months, although they are often extended following the Secretary’s review of country conditions.
In Matter of Arrabally and Yerrabelly, 25 I&N Dce. 771 (BIA 2012), the Board of Immigration held that an individual who came into the US illegally but who is now on active Temporary Protected Status (TPS), who obtains a travel documents (advance parole) through USCIS and then leaves the US and reenters on that Advance parole, is eligible to adjust status in the United States if they have an immigrant visa available. The Federal Courts are split on whether an individual who initially entered the US without inspection and then was granted TPS can adjust status without applying for advance parole and travelling outside the United States.