War on work permits: DHS silence breeds uncertainty for Salvadoran TPS

The situation surrounding Salvadoran temporary protected status (TPS) is uncertain, but beneficiaries remain protected. Before wrongfully terminating your Salvadoran employees, learn how to properly navigate this unfolding situation.

Background

TPS was initiated as part of the 1990 Immigration Act, designed to provide short-term legal status to people from countries facing conditions such as natural disasters or civil conflict. If an individual is already in the United States at the time of their home country’s designation, they become protected from deportation and authorized to work until the TPS designation expires.

The law stipulates that 60 days before a TPS designation is set to expire, the Secretary of the Department of Homeland Security (DHS) must review the country’s conditions and decide whether to extend or terminate the designation. That decision must also be published in the Federal Register. If the DHS fails to publish a decision before the 60-day deadline, then TPS automatically extends for six months to give beneficiaries time before losing legal status. If the DHS does decide to terminate TPS, the termination would take effect 60 days after the decision is published in the Federal Register.

The TPS program has seen major changes since the beginning of President Trump’s second term, with only four of the original 17 TPS-designated countries still standing. The administration claims that it has full authority over TPS decisions and isn’t subject to judicial review.