Although the Trump administration has aimed to end temporary protective status for immigrants from multiple countries as part of its sweeping immigration agenda, several of the orders to rescind that status have become involved in litigation and have been halted.
TPS, a designation typically afforded to countries whose residents cannot return temporarily due to conflict, a natural disaster, or other “extraordinary and temporary conditions,” has been a target of the Trump administration, as they say the Biden administration abused the system beyond what was intended. The program offers legal status for some foreign nationals but does not give them a legal claim to be in the U.S. once the designation expires.
“Temporary Protected Status was designed to be just that — TEMPORARY. Granted for 18 months under extraordinary circumstances,” DHS said in a post on X Tuesday regarding efforts to roll back TPS. “It was never meant to last a quarter of a century. For many of these countries, TPS was granted in the 90’s after natural disasters. Now that conditions have improved, it is time to return home. President Trump and Secretary Noem are restoring integrity to our immigration system and ensuring that TPS remains TEMPORARY.”
While the Trump administration has announced plans to revoke TPS for a range of foreigners, those orders are in different stages of legal fights in federal court. The Supreme Court has, however, already handed Trump a win on one TPS case, suggesting his administration could be on track for broader success once other cases proceed through the appeals process.
TPS revocation for Afghanistan blocked, for now
A federal appeals court granted an administrative stay Monday, pausing the Trump administration’s end of TPS for Afghanistan, which was set to expire that day. The U.S. Court of Appeals for the Fourth Circuit did not rule on the case’s merits but halted the administration from terminating the status for Afghanistan until July 21 and requested briefs from both sides later this week.
The Department of Homeland Security announced its decision to revoke TPS for Afghanistan in May and set it to terminate on July 14 at the end of the day.
The Biden administration granted TPS to people fleeing Afghanistan on May 20, 2022, less than a year after the disastrous U.S. withdrawal from the country led to the Taliban returning to power. The Biden DHS, on Sept. 25, 2023, then extended the status through May 2025. Homeland Security Secretary Kristi Noem said in the announcement of the end of TPS for Afghanistan in May that conditions did “not meet the requirements” for the status to be extended.
Activist group CASA filed a lawsuit in the U.S. District Court for the District of Maryland to prevent the Trump administration from revoking the status, but was unsuccessful. The group appealed to the Fourth Circuit, which gave the group its interim victory. Nearly 12,000 Afghans in the U.S. have legal status via the TPS designation.
Supreme Court has allowed TPS for Venezuelans to be stripped
The Supreme Court, via an emergency order, allowed the Trump administration’s efforts to end TPS for Venezuelans to proceed by staying a lower court’s injunction in May. Nearly 350,000 Venezuelans in the U.S. are set to be affected.
A federal judge in Washington, D.C., had blocked the Trump administration from revoking a 2023 TPS designation for Venezuela. However, after an unsuccessful appeal to a federal appeals court, the high court granted the Trump administration a stay. DHS had announced its intention to terminate TPS for Venezuela on Feb. 5, leading to a lawsuit to block the action. The date when DHS announced the termination of the 2023 TPS designation now determines whether a Venezuelan national still has legal status.
TPS for Venezuelans who registered under the 2023 designation has expired for those who received TPS forms and documents with an expiration date of Oct. 2, 2026, but received those documents after Feb. 5, 2025. Those who received documents expiring on or before Feb. 5, 2025, will still have legal status as the lawsuit continues in federal court, per DHS.
A 2021 TPS designation for Venezuelans expires on Sept. 10, meaning those who registered for the protective status through that designation will still maintain legal status until then.
Trump administration pushing for Haitian TPS to be stripped
The Department of Homeland Security has also announced its intention to strip the TPS designation from Haiti. The Trump administration announced it would end the registration period for Haitians to register for the protected status on Aug. 3 and end the TPS designation officially on Sept. 2.
A DHS spokesperson said the change was made last month because it is “safe for Haitian citizens to return home” and said those wishing to stay in the U.S. could pursue other methods to gain lawful status.
A federal judge in New York blocked the order on July 1, ruling the Trump administration must keep the status quo in place until February 2026, when it was initially set to expire. The original TPS designation was given to Haiti after an earthquake in 2010.
The federal judge’s ruling and any subsequent rulings will affect roughly 520,000 Haitians with protected status.
TRUMP LEGAL WINS MUDDLED BY CONTINUED LOWER COURT LOSSES
DHS moves to end TPS for various other countries
The Trump administration announced plans to end TPS for various other countries earlier this year, which court challenges have not tied up.
DHS announced last week that the TPS designation for Honduras and Nicaragua will be terminated. Roughly 76,000 foreigners will lose their temporary status in September. A federal court has not blocked the DHS order.
The Department of Homeland Security has also announced its intention to end TPS for Cameroon and Nepal.