Temporary Protected Status (TPS): What’s the State of Play?

At a Glance

• The Trump administration continues its plans to terminate Temporary Protected Status (TPS) designations in line with its stated immigration agenda. Out of 17 countries under active TPS designations at the beginning of 2025, seven, including most recently Honduras and Nicaragua, have now seen protected status terminated.
• The termination of a country’s TPS designation ends the protection from removal and the ability to extend work authorization of beneficiaries from affected countries. While the fate of the other countries that are still under active TPS designation remains uncertain, employers should be prepared for similar terminations based on the administration’s actions thus far.

Status of Temporary Protected Status (TPS) Programs

The Trump administration continues its plans to terminate the Temporary Protected Status (TPS) designations of several countries, with several terminations in the last few months. These terminations should not come as a surprise as they are in line with the day-one executive order “Protecting the American People Against Invasion,” in which President Trump ordered his administration to review TPS designations and ensure they are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of the Immigration and Nationality Act.

Established by Congress in 1990, this humanitarian parole program allows U.S. Citizenship and Immigration Services (USCIS) to grant TPS status to eligible nationals of certain countries who are already in the United States. The program permits the secretary of homeland security to designate a foreign country for TPS due to conditions in the country that temporarily prevent its nationals from returning safely or, in certain circumstances, where the country is unable to handle the return of its nationals adequately. The secretary may designate a country for TPS due to the following temporary conditions in the country: ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane) or an epidemic, or other extraordinary and temporary conditions. TPS designations are limited to 18 months, and the secretary must decide whether to extend or terminate a designation based on the conditions in the foreign country at least 60 days prior to the expiration of TPS. Decisions to begin, extend or terminate a TPS designation must be published in the Federal Register.

During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible): are not removable from the United States; can obtain an employment authorization document (EAD); may be granted travel authorization; and, once granted TPS, an individual also cannot be detained by the Department of Homeland Security on the basis of their immigration status in the United States.

With the above background in mind, here is where TPS stands as of the date of this publication for countries with recently terminated TPS designations:

It should be noted that there are several lawsuits that are challenging the validity of these TPS terminations that remain pending. However, there have not been any decisions or injunctions issued to date. The recent decision from the Supreme Court of the United States in Trump v. CASA, Inc. substantially limits the use of “universal injunction,” which makes it unlikely the terminations will be paused pending litigation. This means that some individuals stand to lose their work authorization as early as July 14, 2025, for TPS Afghanistan beneficiaries, closely followed by those for Cameroon and Nepal on August 4, 2025, and August 5, 2025, respectively.

The TPS-designated countries listed below continue to be under active TPS designation now but are in danger of being terminated based on the current administration’s stated priorities.

Employers should consult with qualified immigration counsel to determine whether TPS employees are work-authorized, especially for those who may be benefiting from the automatic extensions of their EADs.

Next Steps for Employers

The termination of a country’s TPS designation ends the protection from removal and ability to extend work authorization of beneficiaries from that country. While the fate of the other countries that are still under active TPS designation remains uncertain, employers should be prepared for similar terminations based on the Trump administration’s actions thus far.

As the future of humanitarian immigration programs remains uncertain in 2025 and beyond, employers need to act now — if they have not done so already — to know their workforce, screen their employees for other benefits, and consider moving them to a true nonimmigrant status, where possible. While TPS offers temporary benefits and does not lead to lawful permanent resident status or give any other immigration status, it does not preclude beneficiaries from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which they may be eligible. In many cases, one or more of these options may not have initially been available or apparent when the individual began employment, so it is important to review each situation on a case-by-case basis with fresh eyes. Additionally, employers should seek appropriate legal counsel to assess issues of unlawful presence and the impact this may have on short-term nonimmigrant and long-term immigrant options.

As a reminder, all employers are required to ensure that there is a compliant Form I-9 on file for every employee hired after November 6, 1986. Ensuring the proper documentation is provided by beneficiaries of the TPS designations and timely reverification in Supplement B are part of that compliance. For further information regarding verifying or reverifying the employment authorization of TPS status holders, review USCIS’s I-9 Central webpage.

For More Information

We will continue to monitor changes and provide updates, as needed.

For relevant immigration-related information through 2025, register for Faegre Drinker’s Immigration and Global Mobility practice’s Business Immigration Webinar Series: Compliance & Hiring Strategies for 2025.

Summer associate Virali Patel contributed to this update.