In our latest Supreme Court roundup, we discussed how the Supreme Court’s decision in Mullin v. Doe was likely to end Temporary Protected Status (TPS) for every country that currently enjoys it. Although Mullin only directly addressed TPS for Syria and Haiti, its holding – that the President may end TPS for any country, without meaningful judicial review – will allow the Trump Administration to end TPS as broadly as it likes.
However, TPS can’t be globally and concurrently terminated for every country, for two reasons.
First, TPS is a benefit which lasts for a specified period, then it comes up for renewal. Some countries which enjoy TPS currently – like, say, Ukraine – have not yet reached the renewal (or termination) date, and so the Administration is likely to simply allow the clock to run out for those countries’ TPS benefits.
Second, TPS has been the subject of a bewildering array of lawsuits, all of which are still pending even after the Supreme Court’s decision. In our legal system, a Supreme Court decision doesn’t automatically end legal proceedings in the lower courts. The United States will have to move to have the proceedings dismissed on the basis of Mullin; immigration advocates will have the opportunity to contest that motions practice.
Therefore, we expect the TPS Eschaton to proceed in echelon. (We wrote this whole column with that phrase in mind. Forgive us.)
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Burma, Ethiopia, South Sudan, and Yemen – July 17, 2026 is the current extension date – it may have passed by the time you read this; it may well have been extended by the time you read this.
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Haiti and Syria – July 24, 2026 is the current extension date. As of this moment, most EADs for Haitian and Syrian TPS beneficiaries remain automatically extended. Whether there will be any further extensions depends on litigation, and on the speed of the federal courts.
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El Salvador – September 9, 2026 is the current extension date.
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Venezuela – It’s complicated. TPS beneficiaries who received TPS-related employment authorization documents (EADs), Forms I-797, Notices of Action, and Forms I-94 issued with Oct. 2, 2026, expiration dates on or before Feb. 5, 2025, will maintain work authorization and their documentation will remain valid until Oct. 2, 2026. Other TPS beneficiaries’ work permits have already lapsed.
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Sudan and Ukraine – October 19, 2026 is the current extension date.
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Lebanon – November 27, 2026 is the current extension date.
For all of these countries, we believe it’s merely a matter of time before TPS ends.
What should TPS beneficiaries do?
Some should consider applying for a green card via the adjustment of status. Parents of U.S. citizen children over the age of 21, or spouses of U.S. citizens, are especially encouraged to consider doing so. (Keep in mind that some TPS beneficiaries entered with visas, or later re-entered with advance parole; they will be treated far better in the Adjustment of Status process than those who simply crossed the border.)
Some should consider applying for asylum. With TPS ending, many people who legitimately and reasonably fear return to their countries of origin are going to apply for legal protection. Ordinarily, you must apply for asylum within one year of entry. Being in a valid TPS status is considered a reasonable exception to that rule, but that exception is time-limited. We strongly encourage people to meet with an immigration attorney before or shortly after TPS expires. Six months after TPS expires is likely to be too late.
Some TPS beneficiaries simply won’t have a good immigration option. That is the nature of our immigration system – it is complex, unpredictable, and unfair. Our work as immigration lawyers is mostly palliative. We try to diminish the harm that the immigration system causes, one case (and one family) at a time.
