What is TPS?
Temporary Protected Status (TPS) allows eligible foreign nationals to enter and remain in the U.S. for a limited period due to extraordinary conditions in their home countries, such as natural disasters or armed conflicts. TPS is granted at the discretion of the Secretary of the Department of Homeland Security (DHS) and, as the name implies, is temporary in nature. It is issued with a defined expiration date and, in the absence of DHS action, may automatically renew in six-month increments.
Administration Changes and Litigation Affecting TPS
The authority to terminate TPS lies solely with the Secretary of DHS. As of early 2025, seventeen countries held TPS designations. Since the start of the Trump administration, the DHS Secretary has sought to terminate TPS for seven countries — Afghanistan, Cameroon, Haiti, Honduras, Nepal, Nicaragua and Venezuela — arguing that nationals from these countries can safely return home. The final termination of these designations was expected by mid-Sept. 2025, though litigation has delayed implementation in several cases.
Country-Specific Litigation Updates
- Afghanistan: Although TPS was set to terminate on July 14, 2025, the Fourth Circuit Court of Appeals issued an administrative stay extending the deadline to July 21, 2025. Notably, the court’s decision came despite an 8-1 Supreme Court ruling favoring the Trump administration in a parallel case. DHS has agreed to comply with the order.
- Haiti: TPS termination was scheduled for Sept. 2, 2025. However, on July 15, 2025, a judge in the Eastern District of New York ruled that termination cannot take effect before Feb. 3, 2026. DHS strongly opposes this ruling and is currently considering its next steps.
- Venezuela: While the 2021 and 2023 TPS designations have been officially terminated, the Northern District of California issued a May 30, 2025, order preserving TPS for individuals who received specific employment documents before Feb. 5, 2025, pending litigation. These individuals may retain TPS protections during the ongoing case.
- Nepal, Honduras and Nicaragua: Nationals of these countries have filed a lawsuit alleging that the TPS terminations are racially motivated and violate the Administrative Procedure Act. As of July 7, 2025, the case has not resulted in an extension of termination deadlines.
The chart below summarizes the current situation.
Temporary Protected Status for Nationals of Select Countries
*DHS has signaled an intent to appeal the judgment that delayed termination of TPS for Haitians.
Looking Ahead
The remaining 10 countries whose TPS was not targeted remain eligible for renewal of their TPS designation; as of the date of this post, Burma, El Salvador, Ethiopia, Lebanon, Somalia, South Sudan, Sudan, Syria, Ukraine and Yemen are all eligible for the standard six-month TPS designation renewal at the date of expiration so long as the secretary does not take any action against them.
It is difficult to predict whether the secretary will take further action. The secretary has not signaled any intent of backing off from DHS’ aggressive approach to TPS terminations, making additional terminations likely going forward. However, unpredictable events, such as natural disasters and new or escalating conflicts may necessitate TPS extensions or even new designations.
Current litigation surrounding TPS terminations adds to the uncertainty, as judges have been issuing orders extending effective termination dates in seeming contradiction to the Supreme Court’s ruling.
Warner Summer Associate Zach Miller contributed to this eAlert.
