TPS Uncertainty: What the Latest Court Decisions Mean for Immigrants

By Margie Thompson

Temporary Protected Status (TPS) has given thousands of immigrants from certain countries temporary protection from deportation to stay in the United States, but as with many immigration issues, the situation has been shifting under the Trump Administration, according to immigration attorney Brandon Roché. This has created enormous fear and dread among thousands of TPS recipients.

TPS is a humanitarian program that covers individuals from countries torn by war, environmental disasters, epidemics, and other extreme conditions that make a safe return difficult or impossible. At this time, about 17 countries** have TPS designations, although the Department of Homeland Security (DHS) recently announced its termination for immigrants from Afghanistan and Venezuela, and is making significant efforts to end it for people from El Salvador, Honduras, Haiti, and Cameroon, among others.

In some cases, TPS recipients have been living and working in the US for years, establishing lives here with their families, because conditions in their country remain very unstable and too dangerous to return, as determined by the US State Department.

The efforts by the current  Administration to end TPS status for several countries have resulted in numerous lawsuits, and federal courts have often intervened, blocked or delayed these actions. In particular, legal fights have centered on TPS recipients from Venezuela, with DHS contending that many are members of the Tren de Aragua gang, but formal evidence or proof is difficult to obtain. The large numbers of Venezuelans entering the US in 2020-2024 were people fleeing for their lives from widespread violence, food shortages, and lack of essential services. Then Pres. Biden granted TPS status for 18 months to people from that country and tried to extend the protection for another 18 months, but it was canceled by the new DHS Secretary Kristi Noem, for reasons of “national security.” 

TPS differs from parole because it allows immigrants to remain in the US for approximately 18-24 months  and must be renewed.  In contrast, parole is granted for humanitarian reasons, or emergency situations such as needing medical treatment, or to attend funeral services for a loved one, but has a limited time frame and can be revoked at any time. 

As Roché explained, neither TPS nor parole is considered permanent immigration status.

"They're short term, and they're not even really considered status per se, because they're nothing more than 'we're not going to deport you right now' — but we can," Roché said. "Just like TPS, parole is protection from deportation back to your home country, but it is not protection from detention."

Roché recommends that persons with TPS status talk to an attorney several months before their status expires, because the renewal process can take a long time, and the situation of the program for many countries is in question . 

When asked specifically about the situation for Venezuelans following recent court rulings, Roché explained that the cancellation of TPS has been postponed, meaning that individuals under the 2023 designation can continue working under their current Employment Authorization Documents (EADs) with an additional notice from the government explaining to employers that their work authorization is still valid.

"Some of those EADs expired already, some expire in the future. But all are now extended together until April 2, 2026, pending further litigation," Roché said.

He emphasized that the renewal period remains open until September 10, 2025, allowing individuals time to renew their TPS status while court cases continue. However, because of the legal uncertainty, any new renewal applications may experience delays as the government awaits the outcome of litigation.

For TPS holders whose work permits expired, there is a solution.

"They can go to their employers with the notice published in the Federal Register, which extends the validity of their existing work authorizations," Roché explained. "They should be able to show that to their employer and continue working. No new card will be issued, but the extension is valid until further notice."

Nonetheless, Roché cautioned that each employer will have their own policy on whether to accept the documentation and continue employment, depending on their risk tolerance. It may take some explaining to convince them the extension is valid.

**Based on current information, the 17 countries with TPS designations include: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela and Yemen .