Immigration Policy Updates

As of September 9, 2026, the Department of Homeland Security (DHS) had not made a formal decision regarding whether to extend Temporary Protected Status (TPS) for El Salvador. Once DHS announces its decision, however, the law requires the agency to provide at least 60 days’ notice before that decision can take effect. During this notice period, TPS beneficiaries would continue to maintain lawful status and employment authorization, even if DHS ultimately decides to terminate TPS for El Salvador.

Accordingly, Salvadoran nationals in the United States who currently hold valid TPS continue to be protected under the program and remain authorized to work. At this time, they cannot lawfully be detained or deported solely because of a potential future termination of TPS and remain eligible for employment with a valid Employment Authorization Document (EAD).

However, TPS holders from El Salvador are facing several problems due to confusion regarding the exact date when their EADs will expire. On July 21, 2026, the U.S. District Court in Massachusetts issued this order. Although derivative of a lawsuit initiated by a Venezuelan Coalition in Massachusetts, the order applies to all TPS holders with valid EA and it prohibits USCIS from enforcing previously announced early termination dates for TPS work authorizations. Thus, employers must continue to accept Salvadoran TPS holders’ work authorization documents for now.

Still, employers and state Departments of Motor Vehicles (DMV) may ask Salvadoran TPS holders for proof that their TPS has not expired. The National TPS Alliance has shared a letter for TPS holders from El Salvador to show their employer explaining that DHS has not yet made an announcement on whether TPS will be extended or ended. TPS holders may benefit from showing their employer this letter if asked about their work authorization. TPS holders may also benefit from showing their DMV the letter and the alert on the USCIS website if their driver’s license has to be renewed.

If an employer fires a TPS holder before their work authorization ends, the worker can talk to a UFCW representative or call the Immigrant and Employee Rights hotline of the U.S. Department of Justice at 1-800-255- 7688.

To learn more about the EAD extension for TPS holders from El Salvador, Alianza Americas offers a bilingual tool to educate and clarify the situation: 

English: https://bit.ly/4qTTMRL | Spanish: https://bit.ly/4kKli2x

Salvadorans with TPS should take this time to discuss, with an experienced lawyer if possible, what other kinds of immigration status they may qualify for. Many Salvadorans with TPS have been in the United States for a long time and may qualify for permanent residence or protection from deportation in immigration court.

Check the USCIS or the National TPS Alliance website for updated information on the TPS for El Salvador.

On June 25, 2026, the U.S. Supreme Court has ruled that the government can end Temporary Protected Status (TPS) for Haiti and Syria. If you have TPS from Haiti or Syria, your TPS is still valid temporarily, but it will likely end within about a month, when the lower courts make decisions in those cases. To learn whether you may qualify for other immigration options, Take the Quiz.

For more information about the asylum program visit our Video Resources Library and the Asylum Seekers Alliance Project (ASAP).  You can also learn about other immigration options here.

On February 9, 2026, DHS won a Ninth Circuit decision allowing the government to move forward with ending TPS for Honduras, Nepal, and Nicaragua. The decision allows the federal government to end deportation protections and work permits for more than 60,000 immigrants. After that decision, USCIS updated its websites for Honduras, Nepal, and Nicaragua to show that TPS for these countries is ending, and the automatic extension of work permits connected to TPS is also ending.

The U.S. Department of Homeland Security (DHS) ended the TPS designation for South Sudan as of August 7,2026. Although, a class-action lawsuit, Aung Doe v. Noem, temporarily blocked the termination earlier in 2026, the status formally expired following legal developments and a U.S. Supreme Court ruling (Mullin v. Doe).

To learn whether you may qualify for other immigration options, Take the quiz and get a complimentary 30-minute immigration consultation with NOVO Legal Group available to UFCW members.

On February 9, 2026, DHS won a Ninth Circuit decision allowing the government to move forward with ending TPS for Honduras, Nepal, and Nicaragua. The decision allows the federal government to end deportation protections and work permits for more than 60,000 immigrants. After that decision, USCIS updated its websites for Honduras, Nepal, and Nicaragua to show that TPS for these countries is ending, and the automatic extension of work permits connected to TPS is also ending.

On February 9, 2026, DHS won a Ninth Circuit decision allowing the government to move forward with ending TPS for Honduras, Nepal, and Nicaragua. The decision allows the federal government to end deportation protections and work permits for more than 60,000 immigrants. After that decision, USCIS updated its websites for Honduras, Nepal, and Nicaragua to show that TPS for these countries is ending, and the automatic extension of work permits connected to TPS is also ending.

DHS announced Somalia TPS has ended. Immigrants from Somalia can no longer apply for TPS for the first time.

The U.S. Department of Homeland Security (DHS) ended the TPS designation for South Sudan as of August 7,2026. Although a federal district court previously blocked the termination via a temporary stay (African Communities Together et al. v. Noem et al.), the status formally expired following legal developments and a U.S. Supreme Court ruling (Mullin v. Doe).

To learn whether you may qualify for other immigration options, Take the quiz and get a complimentary 30-minute immigration consultation with NOVO Legal Group available to UFCW members.

On October 19, 2026, USCIS posted an alert on its TPS Sudan site stating that individuals with TPS under this designation retain protection, including work authorization. 

DHS has provided no further guidance on when they intend to make further announcements on the country’s designation. This means that TPS holders from Sudan remain work authorized until further notice and employers should not suspend or discharge employees with TPS Sudan. 

In order to prove continued work authorization, workers should be prepared to show their original expired work permit alongside the alert on the USCIS website. If an employer fires a TPS holder before their work authorization ends, the worker can talk to a UFCW representative or call the Immigrant and Employee Rights hotline of the U.S. Department of Justice at 1-800-255- 7688.

On October 19, 2026, USCIS posted an alert on its TPS Ukraine site stating that individuals with TPS under this designation retain protection, including work authorization. 

DHS has provided no guidance on when they intend to make further announcements on the country’s designations. This means that TPS holders from Ukraine remain work authorized until further notice and employers should not suspend or discharge employees with TPS Ukraine. 

In order to prove continued work authorization, workers should be prepared to show their original expired work permit alongside the alert on the USCIS website. If an employer fires a TPS holder before their work authorization ends, the worker can talk to a UFCW representative or call the Immigrant and Employee Rights hotline of the U.S. Department of Justice at 1-800-255- 7688.

TPS for Venezuela has ended for most people, but there are limited exceptions listed below. Immigrants are fighting this termination through a lawsuit. You can learn about the lawsuit and read more here. 

For those who still have a valid TPS or a work permit:

• If you received a TPS approval notice between January 17, 2025 and February 5, 2025, your TPS will remain valid until October 2, 2026.

• If you received a Form I-94 for TPS between January 17, 2025 and February 5, 2025 and the Form I-94 has an expiration date of October 2, 2026, your TPS will remain valid until October 2, 2026.

• If you received a new work permit based on TPS between January 17, 2025 and February 5, 2025, and the work permit has an expiration date of October 2, 2026, your work permit is valid until October 2, 2026. But please note that a work permit does not extend your TPS, and having a work permit alone does not automatically provide protection against deportation or detention.

• If you applied to renew your work permit based on TPS and received a work permit receipt notice with a “Received Date” ​​before February 6, 2025, your work permit is extended for 540 days past the expiration date printed on your card. But please note that the work permit extension does not extend your TPS, and having a work permit alone does not automatically provide protection against deportation or detention.

For those who no longer have valid TPS or a TPS-based work permits:

• If you received TPS for Venezuela in 2021, and you do not meet one of the exceptions listed above, your TPS and TPS-based work permits ended on November 7, 2025.

• If you received TPS for Venezuela in 2023, and you do not meet one of the exceptions listed above, your TPS and TPS-based work permits ended on October 3, 2025.

For those who are detained:

• In the lawsuit about Venezuela TPS, immigrants won a ruling called a “declaratory judgment.” This declaratory judgment does not restore TPS, but it may help some people seek release from detention if they previously had TPS from Venezuela and are members of the National TPS Alliance. You can learn more about the lawsuit here.

ASAP Together and the National TPS Alliance both have updated information in English and Spanish.