Temporary Humanitarian Statuses under Current Immigration Policies: The Eternal Search for Secure Status

There have been numerous updates on two significant humanitarian protections that allowed people of certain nationalities to enter and remain in the United States and not be forced to go back to countries where they could face severe difficulties. Those two programs are Temporary Protected Status (TPS) and parole. Before diving into the details, see the chart below for a quick reference on the status of each:

Program TypeStatusLitigation updatesTPS Venezuela (2021 Designation)Terminated effective November 7, 2025, unless registered or received employment authorization documents under the 2023 designation prior to February 5, 2025, then effective to October 2, 2026 Joined under the 2023 designation under certain conditions. See more thorough discussion below TPS Venezuela (2023 Designation)Terminated effective October 2, 2026, for those who registered or received employment authorization documents before February 5, 2025. If not, termination is effective April 7, 2025 Subject to ongoing litigation. See more through discussion below TPS AfghanistanTerminated effective July 14, 2025 Not knownTPS CameroonTerminated effective August 4, 2025 Not knownTPS HaitiTerminated effective February 3, 2026Originally set to terminate on September 2, 2025, but a court judgment extended TPS to the original February 3, 2026, expiration TPS HondurasTerminated effective September 8, 2025Ninth Circuit overturned District Court’s granting of motion to postpone termination TPS NepalTerminated effective August 20, 2025Ninth Circuit overturned District Court’s granting of motion to postpone termination TPS NicaraguaTerminated effective September 8, 2025 Ninth Circuit overturned District Court’s granting of motion to postpone termination TPS SyriaWas slated to terminate effective November 21, 2025, but is now postponed indefinitely Termination postponed by District Court TPS South Sudan Termination effective January 5, 2026Not known TPS MyanmarTerminated effective January 26, 2026 Not knownTPS EthiopiaTerminated effective December 12, 2025, with a 60-day transition period ending February 13, 2026 Not knownTPS El SalvadorFormally extended to September 9, 2026 Not knownTPS EthiopiaSet to expire on December 12, 2025, but unless there is a formal publication of an extension or termination, it will presumably auto-extend by operation of law by six months, at least until June 12, 2026 Not knownTPS LebanonSet to expire on May 27, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand Not knownTPS SomaliaSet to expire on March 17, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand Not knownTPS SudanSet to expire on October 19, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand Not knownTPS Ukraine Set to expire on October 19, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand Not knownTPS Yemen Set to expire on March 3, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand Not knownCuba, Haiti, Nicaragua, and Venezuela Parole Program Terminated effective March 25, 2025U.S. Supreme Court overturned lower court rulings abrogating the terminationUniting for Ukraine (U4U)New applications for parole frozen. Ancillary applications for those already paroled in the U.S. are now being processedAncillary applications have been processed due to litigation in the U.S. District Court for the District of Massachusetts Operation Allies Welcome Afghan paroleExpired on September 30, 2022, but re-parole possible for those under 14 years old or over 14 years old if filed for asylum or adjustment of status before parole period expired Not known

I. Background on TPS

By way of background, Temporary Protected Status (TPS) is a designation by the U.S. Department of Homeland Security of migrants in the U.S. who come from countries that either have an ongoing armed conflict that would pose a serious threat if the people from that country were to return; there is a natural disaster that results in substantial, but temporary, disruption of living conditions; or there are extraordinary and temporary conditions in the country that prevent return of their nationals who are now in the U.S.

Once the Secretary of Homeland Security has determined these conditions exist, they may designate the specific country whose nationals in the U.S. are eligible for Temporary Protected Status. This is done via publication in the Federal Register. “Designation” means that people from the named country who are present in the United States before a prescribed date, are eligible to apply for TPS. TPS-eligible nationals who apply for TPS can also apply for work authorization, and they are protected from removal from the United States. Once an initial designation occurs, it will last between 6 and 18 months.

Once a country is designated, the Secretary of Homeland Security may either re-designate, extend, or terminate TPS.

Re-designation is when the Secretary does a whole new designation that fits a class of people from that country and establishes a new date before which that class of nationals of the designated country who are present in the United States are eligible for TPS. For example, on January 1, 2015, the Secretary designates country X whose nationals who have been present before January 1, 2015, in the United States can apply for TPS. Then, on December 30, 2020, the Secretary can do a whole new designation of country X and state that the nationals who are present in the U.S. before December 30, 2020, can apply for TPS. The first designation covers those present before January 1, 2015, and the second covers those present before December 30, 2020.

Extension is when the Secretary’s prior designation is prorogated to a further date. In our example, let’s say country X’s January 1, 2015, designation expires on December 1, 2015. The Secretary can either affirmatively determine that the conditions in the designated country continue to affect the return of their nationals in the United States and extend the validity of the TPS designation to either 12 or 18 months later (let’s say to December 1, 2016) or not take any action at all, in which case the TPS designation is extended automatically by six months (June 1, 2016). This repeats itself until the Secretary does a termination. Each extension operates independently for each designation. For example, in country X, for the January 1, 2015, designation, let’s say the Secretary does an affirmative determination and it is extended to December 1, 2016. This extension goes on and on in 1-year increments to the present day. For the December 20, 2020, designation, let’s say the Secretary does not do anything afterwards. This would then result in the December 20, 2020, designation to be extended in six-month increments to the present day.

Termination occurs when the Secretary determines that a foreign state no longer continues to suffer from ongoing conflict, natural disaster, or other compelling issues and thereby terminates the designation. Termination is effective no earlier than 60 days after the date the notice is published in the Federal Register, or, if later, effective on the expiration date of the most recent extension. Each designation needs to be terminated separately. Until a termination is officially effective, the person still retains TPS, and their work authorization is valid until the official termination effective date.

II. The TPS Countries Affected by Recent Policies

To illustrate TPS in action, we can turn to what has recently happened with the different TPS countries under the Trump administration.

1. Venezuela

In summary, here is the status of TPS for Venezuelans for purposes of employment authorization and lawful presence in the U.S.:

• For the Venezuelans who registered under the 2021 Designation, TPS and work authorization were valid until November 7, 2025. However, these people, consistent with a District Court’s order, who have registered under the 2023 Designation to preserve TPS before February 5, 2025, will maintain that status (and their underlying work authorization) until October 2, 2026.
• For Venezuelans who registered under the 2023 Designation before February 5, 2025, TPS (and their work authorization) will remain valid until October 2, 2026.

The effects of the validity of the Designations are subject to change as litigation progresses.

How We Got Here

On March 9, 2021, Secretary of Homeland Security Alejandro Mayorkas (under the Biden administration) designated Venezuela for TPS. Thus, those Venezuelans who were present in the U.S. on or before March 9, 2021, would be able to qualify. This March 9, 2021, designation was most recently extended to September 10, 2025.

On October 3, 2023, Secretary Mayorkas, re-designated Venezuela for TPS. Thus, Venezuelans who were in the U.S. prior to that date were able to apply. The designation was set to last until April 2, 2025. On January 17, 2025, Secretary Mayorkas extended the designation until October 2, 2026. At the same time, he also consolidated the 2021 and 2023 Designations so that those who fell under the 2021 Designation can apply for and get TPS until October 2, 2026.

On February 3, 2025, Secretary Kristi Noem (under the Trump administration) published in the Federal Register a vacatur of the TPS extensions to October 2, 2026. On February 5, 2025, Secretary Noem published in the Federal Register the termination of TPS for Venezuelans falling under the 2023 Designation—this would have resulted in TPS terminating for Venezuelans under that designation on April 7, 2025.

Then, on September 5, 2025, the Department of Homeland Security published the termination of the 2021, designation in the Federal Register. Thusly, TPS for Venezuelans under the 2021, designation, and their underlying work authorization, will expire 60 days after the publication, which is November 7, 2025.

a. Litigation regarding the 2023 Designation

On March 31, 2025, the U.S. District Court for the Northern District of California granted a motion to postpone the revocation of the 2023 Designation during the course of the litigation, which would effectively stop the revocation. The Department appealed to the U.S. Court of Appeals for the Ninth Circuit, requesting the Ninth Circuit to stay (not be in effect) the District Court’s order pending appeal of the litigation when it is finalized at the District Court level. The Ninth Circuit denied the Department’s request. The Department then appealed to the U.S. Supreme Court to request an emergency stay of the District Court’s order, which the U.S. Supreme Court granted on May 19, 2025.

In response to the U.S. Supreme Court’s ruling, the District Court ruled that TPS beneficiaries who, before February 5, 2025, received employment authorization documents stemming from the TPS extension to October 2, 2026, will maintain that status until October 2, 2026.

When it comes to employment authorization extensions for previously expired employment authorization cards, the extension duration depends on when the employment authorization expired during the course of the litigation. For those whose cards expired on 09/10/2025, 04/02/2025, 03/10/2024 or 09/09/2022, employment authorization is auto-extended through April 2, 2026, if accompanied by a receipt notice for an application for employment authorization that automatically extends the validity, but only if the application for employment authorization is filed before September 14, 2025. An additional benefit for those whose cards expired on September 10, 2025, is that if they reregistered under the January 17, 2025, Extension Notice, their work authorization is automatically extended to October 2, 2026. Those whose cards expired on April 2, 2025, they have an automatic extension for up to 540 days, through September 24, 2026.

b. Litigation regarding the 2021 Designation

If a Venezuelan TPS holder who fell under the 2021 Designation did not re-register under the January 2025 Extension Notice, then their status and underlying work authorization will expire on November 7, 2025. For those who did register before February 5, 2025, fall under the 2023 Designation and the underlying benefits of the aforementioned litigation.

2. Afghanistan

On March 20, 2022, Secretary Mayorkas designated Afghanistan for TPS. It was re-designated on November 21, 2023. On March 21, 2025, Secretary Noems announced termination of TPS for Afghanistan, and it was subsequently published in the Federal Register, with the termination date effective on July 14, 2025. Therefore, as of July 14, 2025, Afghans who originally had TPS and underlying work authorization no longer have it.

3. Cameroon

Cameroon was originally designated for TPS on June 7, 2022, and re-designated on December 8, 2023. However, Secretary Noems terminated (and published in the Federal Register) on June 4, 2025, TPS for Cameroon, effective August 4, 2025. Thus, as of August 4, 2025, Cameroonians who originally had TPS and underlying work authorization no longer have it.

4. Haiti

Haiti was originally designated for TPS way back in January 2010 due to the aftermath of the devastating earthquake. That original designation was extended and then terminated, but subsequent litigation kept it alive until Secretary Mayorkas cleaned the slate and re-designated Haiti for TPS on May 22, 2021. Haiti was subsequently re-designated on August 4, 2024, which is the present designation. It was originally set to expire on February 3, 2026, under this designation.

On July 1, 2025, Secretary Noems announced and published in the Federal Register the termination of TPS for Haiti. Under the publication, TPS for Haiti was slated to terminate effective September 2, 2025. However, on July 15, 2025, the U.S. District Court for the Eastern District of New York ruled in a final judgment extending TPS to the original February 3, 2026, expiration. Thus, Haitians who have TPS will continue to have TPS and underlying work authorization until February 3, 2026.

5. Honduras

Honduras was originally designated back on January 5, 1999. It was extended multiple times throughout the past 26 years. Then, on July 8, 2025, Secretary Noems announced and published in the Federal Register the termination of TPS for Honduras, effective September 8, 2025. While the U.S. District Court for the Northern District of California granted a motion to postpone the termination, on August 20, 2025, the Ninth Circuit Court of Appeals granted the Trump administration’s motion to stay the District Court’s order, allowing the original expiration of September 8, 2025, to stand. Thus, as of September 8, 2025, Hondurans who originally had TPS and underlying work authorization no longer have it.

6. Myanmar

Myanmar was originally designated back on May 25, 2021. On November 25, 2025, Secretary Noems announced and published in the Federal Register termination of TPS for Nepal, effective January 26, 2026. Thus far, there has not been litigation postponing or abrogating this measure. Thus, Burmese who have TPS will continue to have TPS and underlying work authorization until January 26, 2026.

7. Nepal

Nepal was originally designated back on June 25, 2015. On June 26, 2025, Secretary Noems announced and published in the Federal Register termination of TPS for Nepal, effective August 20, 2025. While the U.S. District Court for the Northern District of California granted a motion to postpone the termination, on August 20, 2025, the Ninth Circuit Court of Appeals granted the Trump administration’s motion to stay the District Court’s order, allowing the original expiration of August 20, 2025, to stand. Thus, as of August 20, 2025, Nepalese who originally had TPS and underlying work authorization no longer have it.

8. Nicaragua

Like Honduras, Nicaragua was originally designated more than 25 years ago, on January 5, 1999. After many years of extensions, on July 8, 2025, Secretary Noem announced and published in the Federal Register the termination of TPS for Nicaragua, effective September 8, 2025. While the U.S. District Court for the Northern District of California granted a motion to postpone the termination, on August 20, 2025, the Ninth Circuit Court of Appeals granted the Trump administration’s motion to stay the District Court’s order, allowing the original expiration of September 8, 2025, to stand. Thus, as of September 8, 2025, Nicaraguans who originally had TPS and underlying work authorization no longer have it.

9. Syria

Syria was originally designated for TPS on March 29, 2012. It was re-designated on April 1, 2024. Then, on September 19, 2025, Secretary Noems announced and published in the Federal Register the termination of TPS for Syria. The termination is effective November 21, 2025. Yet, on November 19, 2025, the U.S. District Court for the Southern District of New York postponed the termination. Thus far, there has not been an overruling of this measure. Syrians will continue to have TPS and it will be auto-extended until the termination is deemed valid by a higher court.

10. South Sudan

South Sudan was originally designated for TPS on November 3, 2011. It was re-designated on November 4, 2023. Then, on November 5, 2025, Secretary Noems announced and published in the Federal Register the termination of TPS for South Sudan. The termination is effective January 5, 2026. Thus far, there has not been litigation postponing or abrogating this measure. Thus, South Sudanese who have TPS will continue to have TPS and underlying work authorization until January 5, 2026.

11. TPS Countries that have not been the subject of a termination

The following countries which were originally designated for TPS have not, as of time of this writing, have not been subject to any termination announcements and will remain in effect until their original expiration date as specified in their respective designations:

• El Salvador (formally extended to September 9, 2026).
• Lebanon (set to expire on May 27, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand).
• Somalia (set to expire on March 17, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand).
• Sudan (set to expire on October 19, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand).
• Ukraine (set to expire on October 19, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand).
• Yemen (set to expire on March 3, 2026, but can be extended automatically in six-month increments if there is no intervening termination that happens beforehand).

III. Particular Parole Programs

In general, parole is a way in which a foreign national can legally enter the U.S. (through a port of entry) without being formally “admitted”–which, for purposes of immigration law, requires that you fit within certain categories of eligibility and also be subject to certain grounds of inadmissibility that would otherwise bar you from coming into the U.S. unless they are otherwise waived. Once the person has been “paroled”, they usually (but not always) can apply for work authorization and can also benefit from other forms of relief that come from a lawful entry into the U.S. Depending on the parole program, those in the U.S. whose parole expires can also apply for a “re-parole” to extend their period of lawful stay in the U.S. and their work authorization. Parole is not for everyone, since it is done on a case-by-case basis, and often under special circumstances and eligibilities established under DHS policy. There are many different types of parole programs, but this post in particular focuses on the programs specifically impacted by the Trump Administration, which were enacted for specific nationals of Cuba, Haiti, Nicaragua, Venezuela, and Ukraine.

1. Cuba, Haiti, Nicaragua, and Venezuela

In October 2022, Secretary Mayorkas announced that nationals of Venezuela, who were outside the United States and had a U.S.-based financial sponsor (among other requirements), could be paroled into the U.S. and allowed to remain for two years, along with the ability to apply for work authorization. On January 5, 2023, Secretary Mayorkas expanded the eligible countries to Cuba, Haiti, and Nicaragua. Collectively, this parole program is known as CHNV.

Then, on March 25, 2025, Secretary Noem published in the Federal Register a termination of issuance CHNV parole, effective immediately, and initiated a procedure to terminate the parolee status of those in the U.S. Unlike TPS, there is no required “waiting period”—parole and its underlying work authorization can be revoked at any time. On April 14, 2025, the U.S. District Court for the District of Massachusetts issued a preliminary injunction that stopped the government from revoking CHNV to parolees in the U.S., but on May 30, 2025, the U.S. Supreme Court lifted the preliminary injunction and permitted the government to resume the termination.

Thus, nationals from Cuba, Haiti, Nicaragua, and Venezuela who entered the U.S. under the CHNV parole program who received a notice from DHS revoking their parole not longer have such status, and their work authorization is no longer effective.

2. Ukraine

After the 2022 Russian invasion of Ukraine, the Biden Administration implemented a parole program on April 21, 2022, called United for Ukraine (U4U) for Ukrainian nationals who, similar to the CHNV program, had a financial sponsor in the U.S. The program technically is still active, and Ukrainians in the U.S. who were paroled under this program still have parolee status and work authorization for two years with eligibility to apply for “re-parole” for two additional years. However, as a result of the January 20, 2025, Executive Order, “Securing Our Borders”, issued by the Trump Administration, the government paused processing applications for financial sponsors necessary for the prospective parolees to come to the U.S. as well as any other ancillary applications that the entrants would be eligible for such as TPS, adjustment of status, and even employment authorization. Thee, on June 9, 2025, USCIS lifted the pause on processing of ancillary applications under pressure from litigation. New U4U applications, however, are still paused.

3. Afghanistan

On August 29, 2021, in the wake of the U.S. withdrawal of Afghanistan, President Biden directed DHS to support the paroling into the U.S. of Afghans who assisted the U.S. military during the war in an operation known as Operation Allies Welcome. In order to qualify under this program, the prospective parolees needed to have completed background checks and vetting within Afghanistan and have received critical vaccinations. Once in the U.S., parolees were eligible to access certain social services through the Office of Refugee Resettlement and were eligible for re-parole for two additional years. The program officially expired on September 30, 2022. However, re-parole is still active either for those under 14 years old or those who are over 14 years old but have a pending asylum or adjustment of status application filed before the initial parole period expired.

Practical Recommendations for TPS Holders or Parolees:

1. Consult a licensed immigration attorney ASAP to determine your legal options going forward: asylum, employment-based visas or green cards, family-based petitions, etc.
2. Asylum (those who have a well-founded fear of persecution based on five protected grounds—race, religion, nationality, political opinion, and membership in a particular social group) may be a viable claim for many foreign nationals fleeing persecution and it is not considered late filed if they were here on TPS since that is an express exception under the regulations from the 1-year filing deadline.
3. Renew work permits as soon as possible at the earliest opportunity (180 days before expiration) due to new policy not allowing automatic extensions.
4. Employers should strongly consider sponsoring these individuals for work visas or especially employment-based green cards in fields where qualified US workers might not be available.

If you have questions on this or any other immigration topic, please contact Immigration attorneys Dana R. Bucin at (860) 240-6081 and dbucin@harrisbeachmurtha.com or Christian P. Burr at (860) 240-6131 or cburr@harrisbeachmurtha.com, or the Harris Beach Murtha attorney with whom you most frequently work.

This alert is not a substitute for advice of counsel on specific legal issues.

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