The termination of Temporary Protected Status (TPS) is a decision by the Secretary of Homeland Security to end a country’s TPS designation. When a termination takes effect, affected beneficiaries may lose protection from removal and, depending on the rules applicable to their country and employment authorization document, may also lose employment authorization based on TPS.
In 2026, the federal government has terminated or announced the termination of TPS for numerous countries, while several of those decisions have been challenged in court. In addition, on June 25, 2026, the U.S. Supreme Court issued an important decision that significantly limits the ability to challenge certain TPS termination decisions in federal court.
If TPS termination has already affected your country, or may affect it in the future, the important question is not simply what will happen to TPS generally. The important questions are what termination date applies to your country, whether you still have TPS, how long your employment authorization remains valid, and whether another immigration option may be available before your TPS ends.
What Changed With the Supreme Court’s Decision on TPS Termination?
On June 25, 2026, the U.S. Supreme Court decided Mullin v. Doe, No. 25-1083, and Trump v. Miot, No. 25-1084, together. The Court held that the TPS statute generally prevents judicial review of non-constitutional claims challenging a determination by the Secretary of Homeland Security concerning the designation, termination, or extension of a country’s TPS designation.
The Court’s decision relied primarily on 8 U.S.C. § 1254a(b)(5)(A), which provides that there is no judicial review of a determination by the Secretary with respect to the designation or termination of TPS. The Court rejected the use of the Administrative Procedure Act (APA) to challenge those determinations.
The decision had immediate consequences for the TPS cases involving Haiti and Syria because the Supreme Court allowed the terminations that had been blocked by lower courts to proceed. The decision also has important implications for beneficiaries from other countries whose TPS terminations have been challenged using similar procedural arguments.
This does not mean that every constitutional challenge to a TPS termination is prohibited. The Supreme Court distinguished constitutional claims from non-constitutional claims. However, the decision significantly narrowed the ability to use procedural or administrative arguments to stop a TPS termination.
In practical terms, waiting for a court to stop a TPS termination can no longer be considered, by itself, an immigration strategy. Individuals affected by termination should evaluate other options while there is still time to act.
Is TPS Still Designated for Your Country?
The TPS landscape in 2026 is changing rapidly. As a result, the publication date of an article—or even a recent court decision—does not necessarily determine an individual’s current immigration status.
As of August 18, 2026, countries with TPS designations that remain active under their applicable periods include:
| Country | General Status | Relevant Date |
| El Salvador | TPS designation remains in effect | September 9, 2026 |
| Lebanon | TPS designation extended | November 27, 2026 |
| Sudan | TPS designation remains in effect | October 19, 2026 |
| Ukraine | TPS designation remains in effect | October 19, 2026 |
The status of other countries has changed because of terminations, court orders, and ongoing litigation.
For example, the terminations of Honduras, Nicaragua, and Nepal were reinstated after the Ninth Circuit, on February 9, 2026, stayed the portion of a district court order that had previously set aside those terminations.
Likewise, the TPS terminations for Burma (Myanmar) and South Sudan became effective on August 7, 2026, following additional litigation and court proceedings.
Other countries, including Haiti and Syria, have also been subject to significant litigation. The Supreme Court’s June 2026 decision allowed their terminations to proceed, and USCIS subsequently confirmed the applicable termination dates.
This chart can change. Before filing an application, renewing employment authorization, traveling, or making any significant immigration decision, confirm the current status of your country’s TPS designation on the official USCIS TPS page.
What About Venezuela?
Venezuela requires a separate analysis because there have been two different TPS designations, and both have been affected by government actions and litigation.
The Supreme Court allowed the termination of the Venezuelan TPS designations to move forward. However, certain beneficiaries may continue to have employment authorization through October 2, 2026, under specific rules applicable to their employment authorization documents.
Therefore, Venezuelan TPS beneficiaries should not assume that the expiration date printed on an EAD, by itself, proves that they still have TPS. It is important to determine which TPS designation provided the benefit, what document the individual has, and whether a specific extension or other rule applies to that document.
What Is TPS—and What Has TPS Never Been?
Temporary Protected Status (TPS) is a temporary immigration protection that the Secretary of Homeland Security may designate for nationals of certain countries when conditions exist that prevent their nationals from safely returning.
While an individual maintains valid TPS, that person may be protected from removal and may apply for employment authorization. A TPS beneficiary may also apply for travel authorization if the applicable requirements are met.
TPS registration is generally completed using Form I-821, Application for Temporary Protected Status. Employment authorization is requested using Form I-765, Application for Employment Authorization.
An important point is that TPS is temporary by definition. It does not provide permanent residence and does not automatically create a pathway to a green card or citizenship.
However, having TPS does not necessarily prevent a person from pursuing another immigration benefit for which they may qualify.
For example, an individual may have a TPS application and an asylum application at the same time, provided the person meets the requirements for both. The applications are evaluated under different legal standards, although the facts and information provided in one application may be relevant to the other.
Can a TPS Beneficiary Adjust Status Through a Family Petition?
This is an area that requires particular care.
A family petition filed by a U.S. citizen spouse, parent, or child—or by a lawful permanent resident—does not automatically mean that the beneficiary can obtain permanent residence from within the United States.
One of the most important factors is how the person originally entered the United States.
The Supreme Court held in Sanchez v. Mayorkas that the granting of TPS, by itself, does not constitute an admission into the United States for purposes of adjustment of status under INA § 245(a).
Therefore, a person who originally entered the United States without inspection or admission cannot necessarily use TPS to overcome the admission requirement for adjustment of status.
A person who was inspected and admitted, or who was granted parole, may be in a different situation. The family-based category, visa availability, possible grounds of inadmissibility, criminal history, and other circumstances must also be considered.
For this reason, before assuming that a family petition will solve the immigration problems created by TPS termination, it is important to review how the person entered the United States, their complete immigration history, and any criminal history.
What Options May Be Available After TPS Ends?
The answer depends entirely on the facts of the individual case. An evaluation should take place before TPS terminates, when there may still be time to pursue another immigration benefit or develop an appropriate legal strategy.
Potential options an attorney may evaluate include:
- A family-based petition followed by adjustment of status, if the individual meets all applicable requirements. Not everyone who qualifies for a family petition can adjust status from within the United States.
- An asylum application if the individual has a well-founded fear of persecution and meets the applicable legal requirements, including the rules governing the filing deadline and exceptions.
- Protections available to certain victims of crime or abuse, including VAWA, U visas, or T visas, when the specific requirements of those programs are met.
- Cancellation of removal, withholding of removal, or other forms of protection that may be available in removal proceedings, depending on the individual’s circumstances.
- Other immigrant or nonimmigrant categories, when the individual meets the applicable requirements.
If you have already received a Notice to Appear (NTA) or have a pending case before the Immigration Court, the analysis is different. There may be specific deadlines and defenses that need to be evaluated immediately.
Deportation defense must be evaluated based on each person’s immigration, family, and criminal history.
One warning is also important: a notary public in the United States is not an immigration attorney and is not authorized to provide immigration legal advice simply because they are a “notary.”
When an immigration program is ending, there may be an increase in offers from individuals who promise to “fix papers” quickly. Filing incorrect forms or applying for an immigration benefit for which a person does not qualify can seriously damage an immigration case.
If you already have a court date, a USCIS notice, or an upcoming TPS termination date, do not wait until the last minute. At Angel Law Firm, you can speak directly with an attorney about your immigration situation and available options. Call (407) 329-7711 or contact our Orlando office to schedule a consultation.
Frequently Asked Questions About TPS Termination
Do I Lose My Work Permit on the Same Day My TPS Ends?
Not necessarily.
The date TPS terminates and the date a particular employment authorization document remains valid are not always the same. USCIS may establish specific extensions for certain documents or beneficiaries.
For example, certain Venezuelan beneficiaries may have employment authorization valid through October 2, 2026, under specific rules, even though the underlying TPS designations have been terminated.
For this reason, simply looking at the expiration date printed on the EAD may not be enough. It is important to review the TPS designation under which the EAD was issued and the current USCIS instructions applicable to that document.
Can I Apply for TPS for the First Time If I Never Registered?
It depends on the country, when the person entered the United States, and the other eligibility requirements.
In certain circumstances, an individual may be permitted to file an initial late TPS application if they meet the requirements established by law and regulation. However, once a country’s TPS designation has terminated and there is no applicable court-ordered protection, a new initial TPS application generally will no longer be available under that designation.
Did Having TPS Protect Me From Accruing Unlawful Presence?
The period during which an individual maintains TPS may receive special treatment under U.S. immigration law. However, TPS does not automatically erase unlawful presence or other immigration violations that occurred before TPS was granted or that may occur after TPS terminates.
TPS also does not automatically forgive other immigration violations or unauthorized employment.
For that reason, a person’s complete immigration history should be reviewed before assuming that there are no immigration consequences associated with periods before or after TPS.
Can a Court Still Stop the Termination of TPS for My Country?
The Supreme Court’s decision in Mullin v. Doe significantly limits judicial review of non-constitutional claims challenging decisions by the Secretary of Homeland Security concerning the designation, extension, or termination of TPS.
However, the decision does not mean that every possible constitutional claim is automatically prohibited. In addition, individual countries may still be affected by specific court orders or ongoing litigation.
For that reason, the status of each country’s TPS designation must be evaluated individually using current information.
Do I Have to Leave the United States When My TPS Expires?
Do not make this decision based solely on general information about TPS.
Leaving the United States can have significant immigration consequences, including possible unlawful-presence bars, inadmissibility issues, or difficulties returning to the country.
Before leaving the United States, an individual should review their complete immigration history, including how they entered the United States, how long they remained without lawful status, prior immigration applications, criminal history, and any removal order or pending immigration proceedings.
The Date for Your Country Matters: Review Your Case Before TPS Ends
The TPS landscape in 2026 is changing rapidly. Some designations have ended, others remain in effect for now, and others have been affected by litigation that has temporarily changed their status.
If you have TPS, do not wait until the termination date to begin looking for alternatives.
Start by determining:
- Which TPS designation provided your protection.
- Whether that designation is still in effect.
- The exact termination date that currently applies to you.
- How long your employment authorization remains valid and whether an extension applies.
- How you originally entered the United States.
- Whether you have a family petition or another potential immigration pathway.
- Whether you have a criminal history, removal order, or pending immigration proceedings.
- What immigration options or defenses may be available before your TPS protection ends.
TPS information can change quickly as a result of new decisions by DHS, USCIS, or the courts. Before filing an application or making an important immigration decision, confirm the most current information through USCIS and consult with an immigration attorney.
The full Supreme Court opinion in Mullin v. Doe is available on the official Supreme Court website.
