Among the various legal pathways for immigrants in the U.S. to remain and pursue lawful permanent residence that has been targeted by the current administration, Temporary Protected Status (TPS) has been arguably one of the most targeted. TPS is a blanket humanitarian designation created by Congress in 1990 that protects certain foreign nationals in the U.S. from deportation because the conditions of their country make it unsafe for them to return.
The Secretary of the Department of Homeland Security (DHS) is granted authority to decide when unsafe conditions in a country merits a TPS designation. If a TPS designation is made, it can be made for 6, 12 or 18 months at a time. If unsafe conditions in a subject country persist, DHS extends the designation. This gives TPS holders a period to renew their status and work authorization, and it updates the required arrival date to expand eligibility for more recent arrivals. If DHS finds that conditions in the subject country have improved such that conditions no longer prevent safe return, the DHS Secretary terminates the TPS designation.
To be eligible for TPS, an individual must be a national of a country designated for TPS, or a person without nationality who last habitually resided there. The individual also must file for TPS during the open initial registration or re-registration period for their country, unless they qualify for late filing, and they must have been continuously physically present in and resided in the U.S. since the effective date of the most recent designation of their country. These requirements are exacting by design: TPS is meant to protect people already established in the U.S. when conditions in their home country became unsafe, not to create a new avenue of entry.
Eligibility is further narrowed by several disqualifying factors. Individuals with prior felony convictions or two or more misdemeanors in the U.S are not eligible for TPS. Individuals who are inadmissible under immigration law or are subject to any of the mandatory bars to asylum are also ineligible.
Once granted TPS, the individual is considered as being in, and maintaining, lawful status as a nonimmigrant under U.S. immigration law. The individual is authorized to work and travel while their country’s designation remains active.
Because they are maintaining lawful status, individuals in TPS can change status to other nonimmigrant category such as F-1 and H-1B, provided they were inspected upon entry to the U.S. and have not otherwise violated their status. TPS holders can also adjust status to lawful permanent residence if they were inspected upon entry to the U.S. and are eligible under a family- or employment-based category. TPS itself does not create eligibility for lawful permanent residency.
But despite the strict requirements for TPS eligibility and the legal pathways to lawful status (not to mention persistent unsafe conditions in the various TPS designated countries), President Trump’s administration has ended or announced its intention to end nearly all TPS designations citing national security concerns. Since its creation, 29 countries have received TPS designations and, as of March 2025, it was reported that 1.3 million TPS holders live in the U.S., many having lived here for at least 10 or 15 years. An estimated 75.9 % of TPS workers are employed full-time and have reportedly generated $35.9 billion in GDP. The majority work in Florida, Texas, California, and New York, in industries such as construction, building and grounds maintenance, and transportation. Though the president cites national security concerns as its justification to end TPS, that reasoning conflates two very different populations. TPS holders are long-term and contributing residents of the U.S. who have undergone strict vetting to receive TPS protections in the first place. Equating them with individuals who come to the U.S. without inspection, and who may pose the national security concerns that the administration cites, is a hard case to make.
As of March 2025, 17 countries had active TPS designations and the number has decreased significantly to today’s four countries that remain currently designated, which are Sudan, Ukraine, El Salvador, and Lebanon. The administration’s TPS terminations have been challenged in federal court and enjoined but a recent significant Supreme Court decision, Mullin v. Doe, issued on June 25, 2026 has restricted the ability of courts to hear lawsuits challenging the administration’s TPS terminations, ruling that the courts lack jurisdiction over these challenges. Without the ability to challenge DHS’ terminations, TPS holders from several countries including Burma, South Sudan, Somalia, Ethiopia and Venezuela as well the four countries that remain currently designated (Sudan, Ukraine, El Salvador and Lebanon) face imminent loss of status and work.
Most recently, the TPS designations for Haiti, Yemen and Syria have officially been terminated by President Trump’s administration, despite continued widespread unsafe conditions, like Yeme’s 12-year armed conflict, Haiti’s nonfunctioning government and justice system since the president’s assassination, and Syria’s economic collapse and ongoing mass displacement.
Employers of TPS individuals from countries whose TPS designation is at imminent risk of termination should be prepared to reverify impacted TPS holders’ I-9 documentation upon DHS’ official termination of those programs. Employers of TPS individuals from the four remaining currently designated countries (El Salvador, Ukraine, Sudan and Lebanon) also should be prepared to reverify their employees’ I-9 documentation as the termination dates approach and if the designations are not extended. As TPS holders can change status or adjust to become lawful permanent residents, employers should assess whether each TPS employee is able to furnish alternate forms of work authorization.
Given the administration’s disfavor toward TPS and the Mullin v. Doe decision, current TPS holders should take proactive steps to secure alternate legal status and work authorization. Depending on their circumstances, this may mean TPS holders should pursue other forms of relief such as asylum, withholding of removal, or cancellation of removal; changing to another nonimmigrant status and/or immediately beginning the process (if eligible) to adjusting status to lawful permanent residence.
TPS was created by Congress to offer relief, stability and protection to those legitimately seeking refuge in the U.S. while unsafe conditions in their countries last. That promise no longer holds for as long as the unsafe conditions exist, and TPS holders should plan accordingly.
The material contained in this article does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
Reprinted with permission from the August 14, 2026 edition of The Legal Intelligencer© 2026 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com.
