A coalition of 18 states led by Ohio Attorney General Dave Yost is seeking the federal government’s review of countries granted temporary protected status (TPS), including some that have held the designation for decades.

In a letter to Kristi Noem, nominee for secretary of the Department of Homeland Security, the attorneys general say TPS designations have been repeatedly extended far longer than Congress intended. DHS currently designates 17 countries for such status, with some dating back to the 1990s. Honduras, for example, first received the status in 1998.

“This program has been applied too loosely, allowing noncitizens to live here indefinitely, even after it’s safe for them to return home,” Yost said.

“Congress made these designations temporary for a reason – they were never supposed to last 20-plus years.”

Congress authorizes the department to grant the designation for six to 18 months when countries – during times of crisis, such as war or natural disaster – are temporarily unable to accept returning citizens. But TPS was never meant to provide a pathway to citizenship for immigrants who otherwise do not qualify for legal status, the attorneys general say.  

According to the coalition’s letter, the current approach has allowed thousands of noncitizens to remain eligible to live in the United States and receive benefits for more than 20 years. 

“Converting TPS into a license for long-term residency frustrates congressional aims and only increases the financial and governmental strain on States,” the letter says. 

It also notes how President Joe Biden, just before leaving office this month, again extended TPS designations for roughly 1 million immigrants from El Salvador, Sudan, Ukraine and Venezuela. The extensions stretch into 2026 and cover roughly 85% of the TPS immigrants in the U.S.

The attorneys general urge nominee Noem to expedite a review of the existing TPS designations upon taking office, citing a requirement by Congress for the secretary of the agency to remove the designations when a country no longer meets the conditions for the status.

Joining Yost in calling for the review are the attorneys general of Alabama, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, West Virginia and Wyoming.

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