With fewer than two weeks remaining before the September 9 deadline, approximately 232,000 Salvadoran nationals are bracing for the termination of Temporary Protected Status (TPS) — 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 and follows a Supreme Court ruling that has dramatically reshaped the legal landscape for TPS beneficiaries nationwide.
USCIS Announces EAD Extension Through Termination Date
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.
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,
when completing Form I-9, the "Expiration Date" field should read "Sept. 9, 2026" along with a note in the "Additional Information" box.
Absent further litigation or a new designation, work authorization for El Salvador TPS holders lapses on that date.
The Supreme Court's Mullin v. Doe Decision: A Turning Point
The termination of El Salvador's TPS comes in the wake of a landmark Supreme Court ruling that has cleared the way for the administration to proceed with TPS terminations across multiple countries.
On June 25, 2026, the Supreme Court issued a 6-3 ruling in Mullin v. Doe, a case challenging the terminations of TPS for Haiti and Syria. The decision granted the administration permission to move forward with implementing the terminations.
In the majority opinion authored by Justice Alito, joined in full by Chief Justice Roberts, Justice Thomas, and Justice Kavanaugh and joined in part by Justice Gorsuch and Justice Barrett, the Supreme Court held that the district courts erred in postponing the effective date of TPS terminations.
The Court held that the TPS statute precludes judicial review of non-constitutional claims related to the termination of TPS designations.
The Supreme Court's ruling impacts not only Syrian and Haitian TPS holders but all 1.3 million individuals from 17 countries designated for TPS.
By determining that the TPS statute strictly bars judicial review of these executive decisions, the Supreme Court has effectively neutralized similar lawsuits that have kept protections in place for nationals of other designated countries.
A Quarter Century of TPS: Origins and History
El Salvador's designation for TPS in 2001 came after the country was hit by three major earthquakes, which resulted in 1,100 deaths, thousands of injuries, and the displacement of an estimated 1.3 million persons. In addition, several hundred thousand homes, schools, and public buildings were damaged or destroyed.
In 2001, the Bush administration designated El Salvador for TPS a second time, and the status has been continuously renewed since.
The Biden administration extended it for 18 months on January 17, 2025, just days before leaving office, citing continued environmental conditions from earthquakes and severe weather events.
That extension set the current September 9, 2026 expiration date.
Salvadorans are the longest-tenured TPS population in the country. They were first protected in 2001, and for a quarter century they have raised U.S. citizen children
and established deep community ties.
The Human and Economic Impact
The consequences of termination extend far beyond the beneficiaries themselves.
More than 150,000 U.S.-citizen children have at least one parent with Salvadoran TPS.
Immigrant advocacy organizations warn that the loss of protections could affect not only workers, but also thousands of mixed-status families who have spent more than 25 years building their lives in the United States.
The economic stakes are equally significant.
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 paying $1.5 billion in combined federal, state, and local taxes.
More than 152,000 currently participate in the workforce, primarily in construction, transportation, manufacturing, maintenance, food service, and other essential industries.
Congressional Response and Political Pressure
Congressman Tom Suozzi (NY-03) sent two letters to Secretary of Homeland Security Markwayne Mullin, urging the administration to extend the TPS designation for El Salvador.
Secretary Mullin responded on July 2, 2026, with an explanation of alternative pathways TPS beneficiaries can pursue to stay in the United States.
However,
in a follow-up letter on July 3, 2026, Congressman Suozzi reiterated why those pathways the Secretary suggested are not viable for most Salvadoran TPS holders.
Critically,
the vast majority of Salvadoran TPS holders will be unable to qualify for those protections because if TPS expires and TPS holders are forced to leave the country, those who initially entered the U.S. without documentation prior to 2001 will be barred from returning or seeking permanent status for 10 years.
El Salvador's TPS remains valid through September 9, 2026, and a decision regarding the designation was expected by July 11, but no announcement has been posted.
What Salvadoran TPS Holders Should Do Now
With the termination date fast approaching, affected individuals should take immediate action:
- Check your mail and myUSCIS account for the USCIS notice extending your EAD through September 9, 2026, if you have a pending renewal application.
- Consult an immigration attorney to evaluate whether any alternative immigration pathways — such as family-based petitions, asylum, or other relief — may apply to your individual situation.
- Gather and organize documentation of your time in the United States, employment history, family ties, and any pending applications.
- Employers should review the Form I-9 status of any employees with Salvadoran TPS and follow USCIS guidance on proper documentation through the termination date.
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.
Looking Ahead
Congress has the power to establish a permanent pathway to citizenship for TPS holders through the Dream and Promise Act (H.R. 1589) and the SECURE Act (S. 2106).
However, the prospects for legislative action before September 9 remain slim.
Several designations, notably El Salvador, Ukraine, Sudan, and Lebanon, remain in effect under their current timelines. However, these designations are subject to expiration on their own terms later this year. Absent further DHS action to extend them, work authorization under these designations will lapse on those dates.
For Salvadoran TPS holders, the September 9 deadline represents not just a legal date on the calendar but a potential rupture in lives built over a generation. Anyone affected should seek qualified legal counsel as soon as possible to explore all available options.
This article is provided for informational purposes only and does not constitute legal advice. Individuals with questions about their immigration status should consult with a qualified immigration attorney.