The Breakdown: Who Decides When ‘Temporary’ Ends?
Congress created TPS in the Immigration Act of 1990 for people already in the U.S. whose home country faces armed conflict, an environmental disaster, or other extraordinary conditions. TPS holders get a work permit and protection from deportation, but the program offers no path to permanent residency.
So, who decides when it ends? Congress wrote the law, but the Department of Homeland Security runs it. DHS reviews each country’s designation and must decide at least 60 days before it expires whether to extend or end it.
“Temporary” has sometimes lasted a long time. El Salvador’s current designation dates back to two earthquakes in 2001, making it the longest-running TPS designation in U.S. history. Haiti’s designation followed the 2010 earthquake. Many recipients have lived here for well over a decade, and many have children who are U.S. citizens.
Why Is This in the News Now?
Since early 2025, the Trump administration has moved to end TPS for 13 countries. In June 2026, the Supreme Court allowed it to end TPS for Haitians and Syrians, and their work permits expired in late July.
Schools are feeling it as employers, too. WFTV reported that Orange County Public Schools in Florida lost nearly 50 employees after the ruling.
What Are the Different Perspectives?
The administration argues that temporary should mean temporary. In a statement to PBS NewsHour, DHS said TPS had been allowed to work like a de facto amnesty even though Congress never meant it to be permanent. In the same segment, former acting DHS Secretary Chad Wolf argues that the 2010 earthquake, the original reason for Haiti’s TPS, no longer applies.
Supporters of TPS holders argue that conditions in many of these countries are still unsafe, and that ending protections now would separate families who have built lives here for years. Several members of Congress from both parties have urged the administration to extend protections or find a longer-term solution.
What Comes Next?
El Salvador’s designation, which covers about 170,000 people, was set to end on Sept. 9. DHS hasn’t announced a decision. For now, United States Citizenship and Immigration Services says Salvadoran TPS holders keep their protection and work permits until an announcement is made.
Sudan and Ukraine's designations run through Oct. 19, 2026, and Lebanon's through Nov. 27, 2026.