TPS Update (as of 9/3/2025)

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.

*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.

^ TPS beneficiaries who received TPS-related documentation on or before February 5, 2025, with a validity date of October 2, 2026, will maintain that status and their work authorization documentation will remain valid pending resolution of the litigation in National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. Mar. 31, 2025) (pursuant to court order). Consistent with the district court’s May 30, 2025 order in National TPS Alliance, et al. v. Kristi Noem, et al., No. 3:25-cv-01766 (N.D. Cal.), TPS beneficiaries who received Notices of Action indicating receipt of a Form I-765 renewal application that were issued on or before February 5, 2025, automatically extending their employment authorization and EADs with a ‘Card Expires’ date of April 2, 2025 for 540 days, will maintain that employment authorization pending resolution of that litigation.

#A federal district court ruled that TPS status and work authorization for Haitians continues through February 3, 2026. The Trump Administration is determining next steps.

@ On July 7, 2025, the Secretary of Homeland Security issued notice of termination of TPS designation for Honduras and Nicaragua effective September 7, 2025. The notice stated that work authorization is automatically extended through September 7, 2025. TPS for those from Nepal was expected to terminate on August 5, 2025. On July 31, 2025, a federal district court postponed the effective date of the termination for TPS for those from Honduras, Nepal and Nicaragua until a hearing on the merits on November 18, 2025, with the possibility of a further extension at that time. The Ninth Circuit Court of Appeals lifted the stay imposed by the lower court and allowed DHS to terminate TPS for Honduras, Nicaragua and Nepal. TPS status and work authorization for workers from Honduras and Nicaragua terminates September 8, 2025. TPS status and work authorization for workers from Nepal has terminated.   

! On August 29, 2025, the Ninth Circuit Court of Appeals held in National TPS Alliance, et al., v. Kristi Noem et al., No. 25-2120, that TPS holders under the Venezuela 2021 and Venezuela 2023 designations are entitled to stay until October 2, 2026. This decision, however, cannot take effect unless the Supreme Court agrees.

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

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