June 2026 TPS: State of Play

As the Trump Administration continues its assault on the Temporary Protected Status (TPS) program, the lives of 1.3 million TPS holders and their families hang in the balance. This document intends to give TPS holders and allies a clear assessment of what has happened, what is likely to happen next, and how we can continue to defend TPS.

What Has Happened

The second Trump Administration has terminated TPS for all 13 countries that have come up for review: Afghanistan (approximately 11,700 TPS holders), Burma (4,000), Cameroon (5,200), Ethiopia (5,000), Haiti (350,000), Honduras (50,000), Nepal (7,000), Nicaragua (3,000), Somalia (1,000), South Sudan (200), Syria (6,000), Venezuela (600,000), and Yemen (2,800).
TPS decisions are forthcoming for Lebanon (set to expire May 27), El Salvador (September 9), Sudan (October 19), and Ukraine (October 19).
TPS holders have challenged every TPS termination in federal court. In every instance, the district court has recognized jurisdiction to review aspects of TPS decisionmaking, and in most cases, courts have also found the terminations were either illegal or likely illegal.
Despite ongoing litigation, TPS terminations for Afghanistan, Cameroon, Honduras, Nepal, Nicaragua and Venezuela have taken effect. TPS holders from these countries have lost their immigration status. They have lost their work authorization, and been fired from their jobs. They are being detained and deported, despite having no criminal records and, in many cases, having lived lawfully in this country for decades.
As a result of preliminary court orders, TPS currently remains in effect for Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen.

What Happens Next

On April 29, 2026, the Supreme Court heard arguments in two TPS cases concerning Haiti and Syria. The government brought these cases to the Supreme Court, even though there had only been preliminary court orders from the lower courts (and no decision on appeal). Both cases raise challenges to whether the administration’s terminations comply with the TPS statute. The Haiti case also concerns whether the termination was unconstitutionally motivated at least in part by racism. The Supreme Court’s decision will almost certainly be announced before July 4, 2026, and will likely impact all TPS cases. We do not know what the Supreme Court will decide. The two most likely possible scenarios are:

Scenario One: Total loss. The Supreme Court holds courts cannot review whether TPS decisions comply with the TPS statute and, while courts can review for constitutional violations, there is not enough evidence the Haiti TPS termination was unconstitutionally motivated by racism. The decision effectively ends all TPS litigation. TPS holders from Haiti and Syria lose TPS within a month. TPS holders from Burma, Ethiopia,Somalia, South Sudan, and Yemen lose TPS shortly afterwards. All pending TPS litigation is dismissed. No legal challenge can be brought to any future termination for Lebanon, El Salvador, Sudan, or Ukraine.

Scenario Two: Victory. The Supreme Court holds courts can review TPS decisions and also that the Haiti and Syria TPS terminations were illegal because former DHS Secretary Noem failed to consult with the State Department about the conditions in the countries, as the TPS statute required her to do. Within weeks or months, TPS protections for Afghanistan, Cameroon, Honduras, Nepal, Nicaragua and Venezuela are restored. TPS protections for Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen remain in effect. The Trump Administration may issue new termination decisions, but those terminations would be subject to litigation if they do not comply with the TPS statute..

It is also possible the Supreme Court will issue a decision somewhere in the middle of these two scenarios, allowing some TPS cases to go forward, while ending others; and/or permitting TPS holders to present new or different evidence that the terminations were unconstitutionally motivated by discrimination.

What We Can Do

We are living through the greatest de-documentation in modern US history. Today, many TPS holders are already facing arrest and deportation due to terminations; they have also lost the right to work and face limits on their travel. The gravity of this moment requires relentlessly pursuing all avenues to protect as many of the 1.3 million TPS holders as possible.

We remain steadfastly committed to our North Star, permanent residency for all TPS holders. As our members face a Supreme Court decision that may further upend their lives in the US, we also call for emergency protective measures as a stop gap to the de-documentation of hundreds of thousands of people. This could be achieved legislatively or administratively.

We know that, to have an opportunity to move in Congress, any legislation will need to be bipartisan. For this reason we need to identify support, especially in the Senate, from the Republican Party. This requires intentionally organizing a coordinated effort in states like Texas, Florida, Utah, Ohio, Iowa, etc.

In addition to moving a legislative strategy, we must also advocate with DHS, which has the authority to extend employment authorization and stop the detention and deportation of TPS holders.

Legislation granting permanent residency for TPS holders:

The SECURE Act would allow all TPS and DED recipients – both current and those whose status was terminated and have been continuously present in the United States for at least three years – to be eligible to apply for legal permanent residency. The SECURE Act protects TPS holders whose status has been terminated by the Trump Administration and allows for adjustment of status.
The American Dream and Promise Act would allow individuals who were eligible for TPS as of January 1, 2017, or DED as of January 20, 2021, and who have been in the United States for three years to apply for legal permanent residency. The current version of this bill excludes the majority of the TPS population, including hundreds of thousands of Venezuelan and Haitian TPS holders who became eligible for TPS after the bill’s current cut off date. Members of Congress who support TPS holders must update the dates of eligibility for permanent status so it is reflective of the need to protect TPS holders impacted by Trump’s mass deportation campaign and their targeted efforts to de-document all TPS holders.

Stop-gap legislation and administrative action to protect TPS holders from detention and deportation and preserve employment authorization:

TPS Country-Specific Discharge Petitions: There are various efforts in Congress to extend emergency humanitarian protections for people from countries for which the Trump administration has terminated TPS. The recent successful passage out of the House of Representatives of the Haiti discharge petition is one important example, and it is a partial success story. This would extend humanitarian protection for Haitians through the end of the current administration. It yielded surprisingly strong bipartisan support in the House. However, it still faces the challenge of needing 60 votes in the Senate, including at least 13 GOP votes and a signature by the President; and there is no indication that is on the horizon. There are similar efforts underway for Venezuela and El Salvador and potentially other countries to provide emergency humanitarian immigration protection against detention and deportation, and the right to work. These are important responses to the illegal TPS terminations.

An administrative or legislative emergency protection. In the event of a complete loss at the Supreme Court, we will advocate for both the administration and Congress to work towards emergency protection that allows TPS holders to remain in the US with legal status for at least two years. This allows for those with deep ties, and those who cannot safely return to their countries of origin, to make plans for their future. This also forces Congress to have to address this population, which has been vetted and re-vetted for years, if not decades.