Trump Administration declines to terminate TPS for El Salvador, effectively extending the program for six months

Temporary Protected Status for El Salvador was set to expire on September 9, 2026, which would leave approximately 170,000 Salvadorans without work authorization and protection from removal, according to the American Immigration Council. However, September 9th came and went, and the Trump Administration failed to render a decision, leaving the fate of Salvadorans on TPS in limbo.

According to the Immigration and Nationality Act, at least 60 days prior to the end of the initial or extended period of designation, the Secretary of the Department of Homeland Security is required to review the conditions of the designated country and decide whether to renew or terminate TPS. Once the Secretary makes their decision, they must publish a formal notice of the decision on a timely basis. If the Secretary makes no decision, then TPS is essentially extended for a period of at least six months.

However, the Trump Administration has not followed any of these steps: the only comment made on the status of TPS is posted on the USCIS El Salvador TPS website, which states "ALERT: An announcement on El Salvador’s TPS will be made at the appropriate time. Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection including work authorization."

The Trump Administration’s refusal to terminate TPS for El Salvador is particularly poignant given the history of the TPS program. Congress created the TPS framework in 1990 to provide relief to Salvadorans specifically, as El Salvador was in the middle of a civil war fraught with extreme human rights abuses, and the United States did not want to send immigrants back to a country in this condition. Over the past 18 months, the Trump Administration has consistently terminated TPS for citizens of other countries that are also experiencing extreme inhumane conditions, and yet the Trump Administration did not do so here. To learn more about the unfolding situation regarding TPS for El Salvador, read this article by the American Immigration Council.