At a Glance
- President Trump has ordered a review of Temporary Protected Status (TPS) designations made under the Biden administration.
- President Trump has previously stated that he intends to revoke TPS for Haitians and Venezuelans, two of the three largest groups of TPS beneficiaries in the United States. During his first administration, he chose to let TPS designations expire for several countries before being blocked in court.
- Other humanitarian immigration programs like Deferred Enforced Departure (DED) may be at risk under the new Trump administration.
- The Trump administration’s actions in choosing to extend or eliminate TPS and DED designations for countries up for expiration in 2025 will inform how the administration will proceed with the humanitarian programs.
Status of Temporary Protected Status (TPS) Program
In a day-one executive order titled “Protecting the American People Against Invasion,” President Trump has ordered his administration to review Temporary Protected Status (TPS) designations and ensure they are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of the Immigration and Nationality Act. While the net impact is unclear, if the past is prologue, any TPS terminations will not immediately take effect and likely will be challenged in court. Data from the Pew Research Center reported that nearly 1.2 million noncitizen immigrants living in the United States were either receiving or eligible for TPS in March 2024, and these numbers have likely increased with the new designation of Lebanon in November 2024.
Established by Congress in 1990, this humanitarian parole program allows U.S. Citizenship and Immigration Services (USCIS) to grant TPS status to eligible nationals of certain countries who are already in the United States. The program permits the secretary of Homeland Security to designate a foreign country for TPS due to conditions in the country that temporarily prevent its nationals from returning safely or, in certain circumstances, where the country is unable to handle the return of its nationals adequately. The secretary may designate a country for TPS due to the following temporary conditions in the country: ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane) or an epidemic, or other extraordinary and temporary conditions. TPS authorizations are limited to 18 months, and the secretary must decide whether to extend or terminate a designation based on the conditions in the foreign country at least 60 days prior to the expiration of TPS. Decisions to begin, extend or terminate a TPS designation must be published in the Federal Register.
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible): are not removable from the United States; can obtain an employment authorization document (EAD); may be granted travel authorization; and, once granted TPS, an individual also cannot be detained by the Department of Homeland Security on the basis of his or her immigration status in the United States.
The last few days of the Biden administration saw a flurry of TPS extensions for nationals of several countries, including El Salvador, Sudan, Ukraine and Venezuela, as recently as January 10, 2025. At this time, TPS for South Sudan and Afghanistan are up for expiration in May 2025, followed closely by Cameroon and Nepal in June 2025, and Honduras and Nicaragua in July 2025. The Trump administration’s actions in choosing to extend or eliminate TPS designations for these countries will likely inform how the administration will proceed with the program. A termination or lack of redesignation or extension of a TPS designation will make recipients of the status immediately ineligible for the protections and work authorization the status affords them and leaves them at risk of being targeted for removal, unless they have another valid immigration status they can rely on, such as an F-1 student status.
Currently, the following 17 countries are under active TPS designation:
Status of Deferred Enforced Departure (DED) Program
In addition to TPS, other humanitarian immigration programs like Deferred Enforced Departure (DED) may be at risk under the new Trump administration. Although DED is not a specific immigration status, individuals covered by DED: are not subject to removal from the United States, usually for a designated period; may apply for work authorization; and may apply for a travel document. Countries currently covered under DED include Lebanon, Liberia, Hong Kong and Palestine, and it applies to citizens of these countries who have been continuously residing in the United States at the DED designation date.
Currently, the following four countries are under active DED designation:
*On January 15, 2025, President Biden extended DED for certain Hong Kong residents for 24 months. Eligible Hong Kong residents include those who have arrived in the United States since August 2021, as well as those who were covered under the initial decision. The Trump administration is now responsible for issuing the Federal Register notice implementing the DED extension, and we are closely monitoring for updates.
Like TPS, the new Trump administration’s actions in choosing to extend or eliminate DED designations for these countries will likely inform how the administration will proceed with the program. For reference, President Trump terminated DED for Liberia during his first administration, which ultimately was challenged in court, extended and then reinstated by the Biden administration.
Next Steps for Employers
As the future of humanitarian immigration programs, such as TPS and DED, remain uncertain in 2025 and beyond, employers need to act now — if they have not done so already — to know their workforce and screen their employees for other benefits and consider moving them to a true nonimmigrant status, where possible. While TPS offers temporary benefits and does not lead to lawful permanent resident status or give any other immigration status, it does not preclude beneficiaries from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which they may be eligible. Employers may also proactively screen their DED employees for similar benefits. At this time of year, it may be particularly beneficial to screen for H-1B visa eligibility ahead of the upcoming H-1B cap lottery in the spring.
In many cases, one or more of these options may not have initially been available or apparent when the individual began employment, so it is important to review each situation on a case-by-case basis with fresh eyes. Additionally, employers should seek appropriate legal counsel to assess issues of unlawful presence and the impact this may have on short-term nonimmigrant and long-term immigrant options.
As a reminder, all employers are required to ensure that there is a compliant Form I-9 on file for every employee hired after November 6, 1986. Ensuring the proper documentation is provided by beneficiaries of the TPS and DED designations and timely reverification in Supplement B are part of that compliance. It is also important to make sure individuals who are allowed to work in the United States are not improperly rejected for not having a valid work authorization leading to citizenship bias and related claims. For further information regarding verifying or reverifying the employment authorization of TPS status holders, review USCIS’s I-9 Central webpage related to TPS and DED.
