There have been a lot of recent changes for Temporary Protected Status (TPS) holders with announcements from the current administration and ongoing litigation that can be hard to keep up with. In general, TPS status protects individuals from deportation while a TPS designation is in place for their country. The status also allows individuals to apply for employment authorization. It is important to note that TPS is not automatic. Those who qualify must apply for initial registration and then re-register with background checks on average every 18 months. Certain criminal convictions render applicants ineligible for TPS. The first Trump administration attempted to terminate TPS, but multiple parties filed lawsuits opposing the action. Litigation on the matter continued into the Biden administration, which withdrew TPS termination for multiple countries.

Below is an overview of the changes for certain countries, including Honduras, Nicaragua, Haiti, Venezuela, and Syria:

Honduras and Nicaragua

As of September 8, 2025, TPS status has expired for citizens of Honduras and Nicaragua. This change affects a significant population, as some estimates showed that as many as 50,000 Hondurans and 4,000 Nicaraguans held TPS status. The legality of DHS’s decision to terminate these TPS designations will continue to be litigated at the U.S. District Court level. DHS’s reasoning for ending TPS designations is that the government determined that conditions in these countries “no longer qualify” individuals for TPS. However, conditions in these countries continue to be politically volatile and dangerous for everyday individuals, with no drastic improvement in the political or security situation in the last couple of years. Indeed, the Department of State has designated Honduras and Nicaragua under “Level 3: Reconsider Travel.” Additionally, many individuals from these countries have held TPS status since 2000, forming many ties to the U.S., raising families, starting businesses, and ultimately creating lives here through a legal pathway.

Haiti

Haiti’s TPS designation and related benefits were slated to terminate on September 2, 2025.  However, in July, the U.S. District Court for the Eastern District of New York issued a final judgment in Haitian Evangelical Clergy Ass’n v. Trump, that makes the effective date of any termination no earlier than February 3, 2026.

Venezuela

On October 3, 2025, the Supreme Court allowed the termination of TPS benefits for Venezuelans to take effect. Beneficiaries who received work permits on or before February 5, 2025, with a “Card Expires” date of October 2, 2026, will maintain work authorization until that date.

Syria

On September 19, 2025, the DHS announced its decision to terminate TPS for Syria, effective November 21, 2025.

What happens next for individuals who previously held TPS status from these countries is determined on a case-by-case basis. Ultimately, it seems that the U.S. government is attempting to incentivize people to self-deport, which itself could carry future immigration consequences and in many cases is inhumane.

After a TPS designation expires, a foreign national reverts to his or her previous immigration status. For those without legal status in the United States, they will revert to an undocumented status and potentially be subject to removal proceedings. To continue working, former TPS holders must have a valid alternative work authorization document, as their TPS EAD will no longer be valid. Individuals with TPS should explore other options for legally remaining in the country. A few examples include:

• Family-based immigration: For those with a U.S. citizen or U.S. legal permanent resident spouse, child, or parents, there may be family-based immigration options available.
• Asylum: Some individuals may qualify for asylum based on past persecution or fear of future persecution. Normally, one must apply for asylum within the first year in the United States, but holding TPS status qualifies as an exception to the one-year deadline. Contact an immigration attorney to determine if you qualify for asylum and to present a viable application.
• Humanitarian visas: Victims of a qualifying crime, trafficking, or domestic violence may qualify for U visa, T visa, or VAWA (though none provides immediate status).
• Nonimmigrant visa options: Nonimmigrant visas may be available through employment, such as an H-1B or E-2.
• FOIA requests: The Freedom of Information Act can be used to verify one’s immigration record. It is important to know of any previous removal orders or if any previously filed petitions qualify you for current benefits.

Some of these options, especially those involving immigration court, involve a deportation risk. It is especially important for people to be prepared for worst-case scenarios if they have a prior removal or deportation order. In that case, if someone is picked up by ICE and detained, they will have only a matter of 2-3 business days to file a motion to reopen proceedings before they may be removed from the United States. Even if a foreign national does not have a removal order, there is a potential to be picked up by ICE. For example, there have been cases across the country of ICE detaining people at their immigration court hearings.

Despite the many negative developments for TPS, our firm has been successful helping former or current TPS holders identify other immigration options available to them. It is essential that people consult with an immigration attorney as soon as possible.