To: Interested Parties
Re: TPS Update and State of Play
Date: July 27, 2026
WASHINGTON, D.C. – As hundreds of thousands of individuals await news on Temporary Protected Status (TPS) revocations, today the Trump administration has announced a new regulation that will allow U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum cases (individuals who are proactively seeking asylum and are not yet in deportation proceedings) directly to immigration judges without first conducting their own assessment and interview, a sharp departure from what USCIS has done for every applicant for decades. The regulation would also eliminate the requirement that the referral letter to the immigration judge include an assessment of the applicant’s credibility, further weakening their asylum claim in court.
As hundreds of thousands of people are set to likely lose their TPS protections this week, the Trump administration is simultaneously blocking them from seeking other relief and protection that might be available to them under the law. These changes are being implemented as an Interim Final Rule, bypassing the typically required public notice and comment process and going into effect immediately on Tuesday, July 28th, 2026. This is a deeply alarming and harmful decision that will deny basic due process and appears clearly related to their efforts to streamline the largest revocation of immigration status in modern history.
DHS is already preparing to potentially launch massive raids targeting former TPS holders in places like Ohio, which is home to 14,000 Haitian TPS holders. A mass deportation effort could force hundreds of thousands of individuals to return to a country that is plagued by poverty, criminal gang activity, and political instability. Employers are also scared that large-scale loss of work authorization from critical TPS workers will fuel labor shortages in critical industries including home health care and construction.
Unprecedented transfers of hundreds of over a quarter trillion dollars to DHS — financed by cuts to Americans’ health care — are fueling a ramp-up in immigration enforcement and expanding the reach of the criminal justice system.
Terminations for Haiti and Syria are set to likely go into effect this week, with more countries to follow soon, amidst widespread confusion for impacted communities and stakeholders.
The Supreme Court is expected to issue today the certified copy of its decision in Mullin v. Doe, the recent decision allowing the Trump administration to terminate Temporary Protected Status (TPS) for Haiti and Syria, as well as determining that the administration’s efforts to terminate TPS for other countries are not reviewable by the courts, even when the government does not follow the legally required process for terminating TPS. The issuing of the certified decision means the terminations for Haiti and Syria, including the expiration of work permits for TPS holders, will go into effect very soon, and terminations for other countries that are being protected by court orders—including Burma, Ethiopia, Somalia, South Sudan, and Yemen—will likely follow very soon.
Despite the fact that these terminations will impact hundreds of thousands of TPS holders and their families, including U.S. citizen spouses and children, the Department of Homeland Security (DHS) has offered virtually no guidance to impacted individuals or their employers about the process. There was no direct guidance for Haiti and Syria in the wake of the Supreme Court decision; since June 25, DHS has published more than 20 different notices announcing different “expiration dates” for TPS work authorization for different countries, and has consistently waited until the expiration dates are reached to announce extensions. There has been no additional direction about compliance and employment verification, despite vocal widespread confusion from TPS holders and employers alike.
Meanwhile, DHS was supposed to make a determination by July 11, 2026 about the future of TPS for El Salvador, which covers more than 200,000 people, 150,000 of whom are in the workforce, and who are parents to more than 150,000 U.S. citizen children. TPS for El Salvador is set to expire September 9, 2026, but DHS has made no announcement about its status.
USICS is regularly publishing guidance for employers about what dates to use for “expiration dates” for each country’s TPS designation. These dates do not necessarily mean that TPS work authorizations will end on those dates; USCIS has been automatically extending the validity of some work permits at the last minute as courts review the Supreme Court decision and continue to evaluate the terminations for each specific country.
Here are the latest dates for countries with terminations paused by courts:
- Burma – August 3
- Ethiopia – July 30
- Haiti – July 27
- Somalia – July 29
- South Sudan – July 30
- Syria – July 27
- Yemen – July 24th*
*Last week, a court ordered that the Yemen TPS termination could be fully implemented. However, USCIS has made no further announcements about the termination of TPS for Yemen, beyond declining to extend its “expiration date” guidance once that date had passed.
Additional Resources:
- Temporary Protected Status – Policy Brief
- TPS Terminations – Issue Brief
- Report: TPS Protects Families While Boosting the Economy
- TPS Fact Sheets: Haiti, El Salvador, Ukraine
- Statement on Supreme Court Ruling
For more information, including to be connected to individuals at risk, please contact press@fwd.us.