TPS Update (as of 3/31/2026)

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.  Notably, a person may lose work authorization but still have TPS status. 

Burma (Myanmar)

After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that Burma (Myanmar) no longer met the conditions for its designation for Temporary Protected Status (TPS).  See Termination of the Designation of Burma (Myanmar) for Temporary Protected Status, 90 Fed. Reg 53378 (Nov. 25, 2025).  Burma's TPS designation and related benefits terminated on Jan. 26, 2026.  However, on Jan. 23, 2026, a single judge in the U.S. Northern District of Illinois issued an order postponing the Secretary's TPS termination decision, Aung DOE et al. v. Noem et al., No. 25-cv-15483 (N.D. Ill.).  The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Burma (Myanmar) with an original expiration date of Nov. 25, 2025, May 25, 2024, or Nov. 25, 2022, is extended until further court action.

El Salvador

See the table below.

Ethiopia

After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that Ethiopia no longer met the conditions for its designation for Temporary Protected Status (TPS).  See Termination of the Designation of Ethiopia for Temporary Protected Status, 90 Fed. Reg 58028 (Dec. 15, 2025).  Ethiopia's TPS designation and related benefits were slated to terminate on Feb. 13, 2026.  However, on Jan. 30, 2026, a single judge in the U.S. District of Massachusetts stayed the Secretary's TPS termination decision.  African Communities Together et al. v. Noem et al., No. 26-cv-10278-BEM (D. Mass.).  This means that an employer can continue to hire and employ Ethiopians with EADs with June 12, 2024 or December 12, 2025 expiration dates until further court action.

Haiti

Federal courts have ruled that Haitians in TPS status can stay and work beyond the February 3, 2026, date set by the Trump administration.  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.  This case is scheduled for oral argument before the United States Supreme Court in April 2026 with a decision expected by June 2026.

Honduras

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, was extended per district court order.  National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.).  The Ninth Circuit ruled that the district court was wrong.  This means that an employer cannot continue to hire and employ TPS Hondurans with EADs with these expiration dates.

Lebanon

See the table below.

Nepal

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, was extended per district court order.   National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.).  The Ninth Circuit ruled that the district court was wrong.  This means that an employer cannot continue to hire and employ TPS Nepalese with EADs with these expiration dates until further court action.

Nicaragua

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, was extended per district court order.  National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.). The Ninth Circuit ruled that the district court was wrong. This means that an employer cannot continue to hire and employ TPS Nicaraguans with EADs with these expiration dates.

Somalia

After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that Somalia no longer meets the conditions for its designation for Temporary Protected Status (TPS).  See Termination of the Designation of Somalia for Temporary Protected Status, 91 Fed. Reg 1547 (Jan. 14, 2026).  Somalia's TPS designation and related benefits were slated to terminate on March 17, 2026.  However, on March 13, 2026, a single judge in the District of Massachusetts issued an order staying the Somalia TPS termination.  African Communities Together et al. v. Noem et al., No. 26-cv-11201(D. Mass.).  This means that an employer can continue to hire and employ Somalia TPS workers with 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, until further court action.

South Sudan

After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that South Sudan no longer meets the conditions for its designation for Temporary Protected Status (TPS).  See Termination of the Designation of South Sudan for Temporary Protected Status, 90 Fed. Reg 50484 (Nov. 6, 2025).  South Sudan's TPS designation and related benefits were slated to terminate on Jan. 5, 2026.  However, on Dec. 30, 2025, a single judge in the District of Massachusetts issued an order staying the South Sudan TPS termination.  African Communities Together et al. v. Noem et al., No. 25-cv-13939-PBS (D. Mass.).  The validity of Employment Authorization Documents (EADs) issued under the TPS designation of South Sudan with an original expiration date of Nov. 3, 2023, May 3, 2025, or Nov. 3, 2025, is extended per court order.  This means that an employer can continue to hire and employ South Sudan TPS workers with EADs with these expiration dates until further court action.

Sudan

See the table below.

Syria

After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that Syria no longer meets the conditions for its designation for Temporary Protected Status (TPS).  See Termination of the Designation of Syria for Temporary Protected Status, 90 Fed. Reg 45398 (September 22, 2025).  Syria's TPS designation and related benefits were slated to terminate on Nov. 21, 2025.  However, on Nov. 19, 2025, a single judge in the Southern District of New York issued an order staying the Syria TPS termination.  Dahlia Doe v. Noem, 25-cv-8686 (S.D.N.Y.).  The validity of EADs issued under the TPS designation of Syria with an original expiration date of Sept. 30, 2025, March 31, 2024, Sept. 30, 2022, or March 31, 2021, is extended per court order.  Dahlia Doe v. Noem, 25-cv-8686 (S.D.N.Y.).  This means that an employer can continue to hire and employ Syrian TPS workers with EADs with these expiration dates until further court action.  This case is scheduled for oral argument before the United States Supreme Court in April 2026 with a decision expected by June 2026.

Ukraine

See the table below.

Venezuela

After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that Venezuela no longer meets the conditions for its designation for Temporary Protected Status (TPS), and that the termination of the 2023 Venezuela TPS designation is required as it is contrary to the national interest.  On October 3, 2025, the Supreme Court allowed the termination to take immediate effect.  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, pursuant to the U.S. District Court for the Northern District of California's order dated May 30, 2025.

Yemen

See the table below.

Table

See table below for other countries:

*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.

This article is part of our April 2026 Newsletter. 

View the newsletter online

Download the newsletter as a PDF