With fewer than two weeks remaining before one of the most consequential deadlines in modern U.S. immigration policy, the clock is running out for hundreds of thousands of Salvadoran nationals who have called the United States home for more than a quarter century.
Temporary Protected Status (TPS) for El Salvador is scheduled to terminate on September 9, 2026, ending a designation that has been in place since 2001.
Approximately 232,000 Salvadoran nationals are bracing for the termination — a humanitarian protection many have relied on for more than 25 years. The impending expiration marks the end of the longest-running TPS designation in U.S. history.
USCIS Confirms the Termination
On August 12, 2026, U.S. Citizenship and Immigration Services (USCIS) released an update confirming that the TPS designation of El Salvador and related benefits are set to terminate on September 9, 2026.
Absent further litigation or a new designation, work authorization for El Salvador TPS holders lapses on that date.
In a critical procedural step, USCIS is sending notices to El Salvador TPS recipients who continue to be eligible for TPS but haven't received renewal EADs with category codes A-12 or C-19 and whose TPS-based EAD application is still pending, informing them that their expired TPS-based EADs are extended until September 9, 2026. USCIS will send the notices by mail and electronically to those who have a myUSCIS account.
For employers,
USCIS has directed that "Sept. 9, 2026" should be entered as the expiration date on Form I-9 and in E-Verify, with a note in the Additional Information field referencing the USCIS alert.
The Mullin v. Doe Decision: A Legal Watershed
The termination was made possible — and largely insulated from judicial challenge — by the Supreme Court's June 25, 2026 ruling in Mullin v. Doe.
In a 6-3 decision, the Supreme Court reversed the district courts' orders and remanded the cases for further proceedings.
The Court held that the TPS statute bars judicial review of any non-constitutional claims related to the designation, extension, or termination of TPS for a foreign state. The Court also concluded that the equal protection claim brought by the Haitian plaintiffs was unlikely to succeed.
The practical implications of this ruling extend well beyond the Salvadoran TPS population.
The ruling essentially establishes that TPS terminations are largely unreviewable by the courts, meaning that, even if the administration does not fully and accurately evaluate country conditions before terminating protections, there is very little legal recourse to challenge those decisions.
The central question in the case was whether respondents challenging the termination of TPS for aliens from Syria and Haiti were entitled to orders postponing the terminations during litigation.
The Court's answer — a definitive "no" — has since reshaped the legal landscape for TPS holders from every designated country.
A 25-Year History Comes to an End
TPS for El Salvador was originally granted in 2001 following the devastating earthquakes that struck the Central American nation in January and February of that year. The U.S. government determined that conditions in the country made the safe return of Salvadorans difficult, granting them temporary protection from deportation and authorization to work legally. Since then, the program has been repeatedly renewed by both Republican and Democratic administrations.
The most recent extension — an 18-month period running from March 10, 2025, through September 9, 2026 — was issued by then-Secretary of Homeland Security Alejandro Mayorkas on January 17, 2025, just days before leaving office, citing continued environmental conditions from earthquakes and severe weather events.
The current administration, under DHS Secretary Markwayne Mullin, declined to renew the designation.
This is not the first attempt to end TPS for El Salvador.
The first Trump administration had attempted to terminate TPS protections for El Salvador (along with Haiti, Honduras, Nepal, Nicaragua, and Sudan), but legal challenges kept the protections in place; under the Biden administration, these terminations were rescinded and designations were extended.
With the Mullin v. Doe ruling now clearing the legal path, those judicial safeguards no longer stand.
The Human and Economic Toll
The consequences of the September 9 termination will extend far beyond immigration documents and Form I-9 deadlines.
Some 152,000 Salvadoran TPS holders are in the U.S. workforce, contributing an estimated $5.4 billion to the U.S. economy each year, and annually pay $1.5 billion in combined federal, state, and local taxes. They have built lives and families here, including 150,000 U.S. citizen children.
Salvadoran TPS holders contribute billions each year to metro economies, including $965 million in Washington, D.C., $668 million in New York, $590 million in Houston, $555 million in Los Angeles, and $239 million in Dallas-Fort Worth.
For most Salvadoran TPS holders, termination of TPS will result in the immediate loss of lawful status and separation from their U.S. citizen children and other family members, as well as detention and deportation.
Once TPS protection ends, a TPS holder will revert back to his or her previous immigration status. For those without legal status in the U.S., they will return to an undocumented status and potentially be subject to removal proceedings.
Congressional Pressure and Legislative Alternatives
Congressional Democrats, including Representative Tom Suozzi (D-NY), pressed the Department of Homeland Security (DHS) to extend the designation, arguing that most beneficiaries have no other path to legal status.
Suozzi, in his July 3rd letter, proposed a "parole in place" policy and an extended two-year transition period to mitigate the harm to Salvadoran TPS holders and their families.
However, the administration did not adopt these proposals.
On the legislative front,
sponsors of the bipartisan American Dream and Promise Act launched a discharge petition in the House of Representatives, a procedural mechanism that, if signed by a majority of House members, could force a vote on legislation providing a pathway to permanent legal status for certain DACA recipients, TPS holders, and DED recipients.
Representative Garcia filed the discharge petition seeking to bring the bill to the House floor. The petition requires the support of 218 House members.
The bill, however, faces significant political headwinds and is unlikely to advance before the September 9 deadline.
The SECURE Act protects TPS holders whose status has been terminated by the Trump Administration and allows for adjustment of status.
But like the Dream and Promise Act, its passage in the current Congress remains uncertain.
What Affected Individuals Should Do Now
For Salvadoran TPS holders, the time to act is now. Beneficiaries and their families should consider the following steps:
- Consult an immigration attorney immediately.
- Gather documentation. Organize records of your time in the United States, including employment history, tax records, family ties, and community involvement.
- Understand the I-9 implications.
- Monitor USCIS updates.
Looking Ahead
As the September 9 deadline approaches, the fate of approximately 232,000 Salvadoran TPS holders hinges on whether any new litigation, legislative breakthrough, or administrative action materializes in the final days.
Termination of TPS for El Salvador would send these well-settled community members to a country beset by documented state-sponsored human rights abuses which does not have the means or capacity to support a diaspora of tens of thousands of people. If TPS is terminated and there is no legislative or administrative action, Salvadoran TPS holders are at risk of the immediate loss of legal status, deportation, and family separation.
For now, the legal landscape after Mullin v. Doe leaves little room for judicial intervention. The path forward, if one exists, likely runs through Congress — or through the executive branch itself choosing to issue a new designation.
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This article is provided for informational purposes only and does not constitute legal advice. If you are a TPS holder or employer affected by this termination, consult a qualified immigration attorney to assess your individual circumstances.