The Department of Homeland Security has confirmed that Salvadoran individuals present in the U.S. under TPS retain protection, pending an announcement on whether the status will be terminated. However, the protection does not necessarily mean TPS holders can continue working legally, as their work permits expired today.
What changed
DHS stated that “Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection.” This interim position follows the Trump administration’s ongoing review of TPS status for multiple countries. While the stay of deportation is in place, work permits for Salvadoran TPS holders expired today, creating an immediate gap between legal presence and legal work authorization.
Why it matters
The expiration of work authorization puts TPS holders’ employment at risk without any sort of extension of their work authorization, according to immigration attorneys. This creates a difficult practical situation for the approximately 200,000 people from El Salvador who have lived in the U.S. under TPS since 2001.
For practitioners, the key distinction is that retention of TPS protection (stay of removal) does not automatically renew employment authorization documents (EADs). Clients who cannot work face immediate financial hardship—inability to pay mortgages, education costs, and household expenses—while their legal status remains in limbo.
Although TPS is slated to expire, Salvadorans are not immediately vulnerable to deportation because U.S. law requires a 60-day notice, which provides a narrow window for planning alternative relief options.
Way forward
- Review eligible clients for alternative work authorization: Explore whether Salvadoran TPS clients qualify for asylum adjustment, cancellation of removal, U visa status, T visa status, or other humanitarian relief that carries its own EAD eligibility.
- Document current employment status: Advise all affected clients not to work without valid authorization. Document their TPS status, the EAD expiration date, and any attempts to seek renewed work authorization.
- Monitor DHS announcement: Check DHS and the Federal Register daily for the promised announcement on El Salvador’s TPS decision. The administration is expected to issue a formal determination within a timeframe governed by statute.
- Prepare for multiple scenarios: Readiness for either TPS termination (triggering the 60-day notice and appeal/stay options) or TPS re-designation/extension (which would likely reissue EADs) allows you to advise clients on next steps quickly.
Disclaimer
This article is for informational purposes only and is not legal advice. Fola is a technology company, not a law firm. Immigration law is complex and changes frequently; policy positions announced by DHS can shift without notice. Consult a licensed immigration attorney to discuss your specific circumstances and verify all information against the primary sources linked above before taking any action.