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House Hearing Examines How ‘Temporary’ Protected Status Became Permanent ([link removed])
CIS expert testifies on congressional intent,
executive overreach, and the future of TPS
Washington, D.C. (December 17, 2025) – A Center for Immigration Studies expert testified today ([link removed]) before the House Judiciary Committee’s Subcommittee on Immigration Integrity, Security, and Enforcement as lawmakers examined how Temporary Protected Status (TPS) has drifted far from its original, congressionally intended purpose.
George Fishman, Senior Legal Fellow at the Center for Immigration Studies, testified at the hearing, “The Impacts of Temporary Protected Status,” to explain how a program created to address extraordinary and temporary crises has evolved into a de facto permanent immigration status through repeated extensions and executive workarounds. Fishman concludes that TPS was never meant to be permanent and that Congress must reassert its authority and restore the rule of law.
Key points from his written testimony include ([link removed]) :
* TPS was created in 1990 to address extraordinary and temporary conditions preventing safe return to a home country, and to replace ad hoc executive programs like Extended Voluntary Departure (EVD).
* Congress was explicit: TPS was to be temporary, with beneficiaries required to depart once a designation ended, and it was intended to eliminate non-statutory executive “safe haven” programs.
* Reality diverged sharply: TPS designations are routinely extended for decades, and when TPS expires, administrations have repeatedly reverted to renamed executive relief programs such as Deferred Enforced Departure (DED).
* Temporary has become permanent: As former Chairman Lamar Smith warned in 1999, TPS risks becoming a backdoor to permanent immigration and a substitute for enforcing the law.
* Changed country conditions are ignored: Despite some TPS countries receiving millions of international tourists annually, designations persist long after emergency conditions have passed.
* Vetting concerns remain unresolved: Because most TPS beneficiaries entered or remained illegally, meaningful vetting for criminal and national security risks is inherently limited.
Policy recommendations:
* Require explicit congressional approval for TPS extensions.
* Limit TPS eligibility to lawful temporary visa holders, not illegal aliens.
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