TPS Update (as of 2/6/2026)

The Trump Administration has acted to terminate TPS status for several countries.  Of course, litigation has followed each notice of termination.  However, if the Trump Administration continues to follow the law, these terminations will be upheld because the Secretary of Homeland Security has vast discretion to terminate TPS status and courts do not have authority to review the exercise of that discretion.  The following table provides the work authorization expiration dates and TPS status expiration dates.  Notably, a person may lose work authorization but still have TPS status. The most recent changes are italicized.

ALERT: A federal district court has ruled that Haitians in TPS status can stay and work beyond the February 3, 2026, date set by the Trump administration. The Trump administration is expected to appeal.  The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti with an original expiration date of February 3, 2026, August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017 is extended per court order.  Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).  This means that an employer can continue to hire and employ TPS Haitians with EADs with these expiration dates until further court action.

ALERT: A federal district court has ruled that Ethiopians in TPS status can stay and work beyond the February 13, 2026, date set by the Trump administration.  This ruling is temporary and could change in the next few weeks after the court considers further information.  This means that an employer can continue to hire and employ Haitians with EADs with June 12, 2024, or December 12, 2025, expiration dates until further court action.

ALERT: The validity of EADs issued under the TPS designation of Honduras with an original expiration date of Jan. 5, 2018, July 5, 2018, Jan. 5, 2020, Jan. 4, 2021, Oct. 4, 2021, Dec. 31, 2022, June 30, 2024, and July 5, 2025, is extended per court order. National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.).  This means that an employer can continue to hire and employ TPS Hondurans with EADs with these expiration dates until further court action.

The validity of EADs issued under the TPS designation of Nepal with an original expiration date of June 24, 2018, June 24, 2019, March 24, 2020, Jan. 4, 2021, Oct. 4, 2021, Dec. 31, 2022, June 30, 2024, and June 24, 2025, is extended per court order. National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.).  This means that an employer can continue to hire and employ TPS Nepalese with EADs with these expiration dates until further court action.

The validity of EADs issued under the TPS designation of Nicaragua with an original expiration date of Jan. 5, 2018, Jan. 5, 2019, April 2, 2019, Jan. 2, 2020, Jan. 4, 2021, Oct. 4, 2021, Dec. 31, 2022, June 30, 2024, and July 5, 2025, is extended per court order. National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.).  This means that an employer can continue to hire and employ TPS Nicaraguans with EADs with these expiration dates until further court action.

$As proof of continued employment authorization through March 17, 2026, Temporary Protected Status beneficiaries from Somalia can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of March 17, 2023, September 17, 2024, and March 17, 2026.

@Court litigation has extended work authorization and TPS status for Syrians beyond November 21, 2025. The government intends to appeal the district court decision and is expected to prevail on appeal.

%As proof of continued employment authorization through February 13, 2026, Temporary Protected Status beneficiaries from Ethiopia can show their Employment Authorization Documents that have the notation A-12 or C-19 under Category and a “Card Expires” dates of June 12, 2024, or December 12, 2025.

*Employees from these countries may not have work authorization unless they have completed registration and application requirements by certain deadlines. Visit www.uscis.gov/humanitarian/temporary-protected-status for more information.

#A federal district court ruled that TPS status and work authorization for Haitians continues through February 3, 2026.  The Trump administration has terminated TPS status and work authorization for Haitians after February 3, 2026.

! TPS beneficiaries who received TPS-related employment authorization documents (EADs), Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025, will maintain work authorization and their documentation will remain valid until October 2, 2026.  All other TPS Venezuela 2021 beneficiaries are no longer authorized to work and no longer have TPS status after November 7, 2025. 

^ TPS beneficiaries who received TPS-related employment authorization documents (EADs), Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025, will maintain work authorization and their documentation will remain valid until October 2, 2026.  All other TPS Venezuela 2023 beneficiaries are no longer authorized to work and no longer have TPS status.

Questions? Need more information? Call Jim Hughes at 404-365-0900.

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