A deadline for the Trump administration to decide whether about 200,000 immigrants from El Salvador can remain protected from deportation has passed without any public announcement, leaving practitioners, employers, and beneficiaries without clear guidance on next steps. USCIS and E-Verify have posted guidance indicating that a further announcement regarding El Salvador TPS will be issued and, in the meantime, Salvadoran TPS beneficiaries continue to retain TPS protections, including employment authorization.
What changed
El Salvador’s current TPS period had been scheduled to end on September 9, 2026. As of that date, however, DHS had not published a termination or extension notice in the Federal Register. Instead, the Trump administration clarified that an announcement on TPS for Salvadorans would come “at the appropriate time” and that they would retain work authorization in the meantime.
The decision by the Department of Homeland Security to extend or terminate TPS typically has been made at least 60 days before the designation was set to expire. DHS can extend the program for a six, 12 or 18-month period or decide to cancel the designation. But the Trump administration has delayed announcements, including some made days after the designation expired.
This procedural delay stands against the backdrop of a Supreme Court ruling in June [2026] that determined that the Homeland Security secretary has final authority over the program and cut down the ability for advocates to sue.
Why it matters
The vague “continue in status” guidance created immediate chaos. Thousands of Salvadoran immigrants nationwide faced uncertainty after the federal government failed to decide by a Wednesday deadline whether to extend or terminate their longtime temporary protections against deportation. Those protections, known as temporary protected status, or TPS, allow immigrants to obtain work permits and by Thursday some Salvadorans had already been fired from their jobs.
For employers, the compliance question is acute: employers with a significant practical question: How should continued employment authorization be documented for Form I-9 purposes? Employers also expressed uncertainty about whether the statement was enough to legally keep Salvadoran employees on their payroll.
From a client-advisory perspective, those who lost their jobs worked across the U.S. in construction, at hotels and as janitors. Ending TPS would be a shock to El Salvador’s economy, where remittances from Salvadorans in the U.S. make up nearly a quarter of the nation’s GDP — nearly $10 billion last year. The uncertainty is also damaging to El Salvador’s government. In 2019, President Nayib Bukele, an ally of President Trump, publicly called on the U.S. to extend TPS for Salvadoran immigrants. More recently, Bukele has embraced Trump’s deportation agenda, including by accepting controversial deals to house foreign detainees in the country’s mega-prison.
Way forward
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For TPS Beneficiaries: Do not treat the “continue in status” statement as a full extension. Monitor the DHS website and official USCIS announcements for any formal decision. Consult an immigration attorney about your specific situation and whether you have other pathways to permanent status.
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For Employers: Until DHS issues a formal extension or termination in the Federal Register, treat Salvadoran TPS holders as currently authorized to work. Document the interim guidance (e.g., screenshot or print USCIS and E-Verify statements) to support your I-9 compliance. Consult employment counsel if you have questions about liability or documentation standards.
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For Practitioners: Keep clients apprised that the legal landscape has shifted post-June 2026 SCOTUS ruling. Litigation strategies that relied on challenging DHS action are now foreclosed. Focus on advising clients on alternative lawful immigration status (marriage, employment, asylum, cancellation, etc.) rather than TPS continuity alone.
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Monitor the Federal Register: Check for any official extension or termination notice. If DHS issues a termination with an effective date, TPS holders will have that window to make alternate arrangements. If extended, new fees and re-registration timelines will apply.
Disclaimer
This article is for informational purposes only and should not be construed as legal advice. We are not a law firm and do not provide legal services. Immigration law is highly fact-specific and TPS eligibility and status depend on individual circumstances. You should consult a licensed immigration attorney to discuss your situation, verify the current status of El Salvador’s TPS designation, and plan your next steps. Policy announcements and agency guidance can change without notice; you should confirm all information against official sources at dhs.gov, uscis.gov, and the Federal Register before taking action.