Fact Sheet

What happened with El Salvador TPS?

The deadline to decide on legal protections and work authorizations for about 200,000 immigrants from El Salvador passed without any formal public announcement, raising red flags for many and raising hopes for some.

UPDATES:

On January 17, 2025, the Department of Homeland Security (DHS) extended Temporary Protected Status (TPS) designation for El Salvador, which ended on September 9, 2026. 

By law, the administration must review a TPS designation and publish its decision in the Federal Register at least 60 days before the designation expires; if it fails to do so, TPS is automatically extended for six months. 

The deadline to decide on legal protections and work authorizations for about 200,000 immigrants from El Salvador passed without any formal public announcement, raising red flags for many and raising hopes for some.

Instead of publishing a press statement and a detailed Federal Register notice (FRN) on the corresponding USCIS and DHS sites, describing the administration’s decision regarding whether the country meets the conditions for its designation to extend TPS or if it requires a cancellation, DHS went for a 2 sentence statement sent to several media outlets stating: 

”An announcement on El Salvador’s TPS will be made at the appropriate time. Until such an announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection, including work authorization.”

This media strategy has become a snowball, amplified by dozens of other outlets and social media posts, misleading people into thinking this is the process to extend TPS for El Salvador.

Here is what we need to know:

  • A 2 sentence statement shared with media outlets is not the official announcement we are waiting for; it is not the process created under immigration law.
  • Official announcements are typically issued through FRNs and formal updates or alerts published on DHS and USCIS websites.
  • The government is still required by law to issue a formal announcement on the future of El Salvador TPS. We don’t know when that will be ready.
  • A TPS cancellation decision is still possible. 

This short and vague statement leaves TPS holders from El Salvador with more questions and in legal limbo.

  • What does “protected for now" mean? What is the length of time?
  • What should employers write on the forms that the federal government requires to keep updated in the event of an audit to comply with hiring lawfully authorized workers? 
  • How will the DMVs use this information to renew driver's licenses with a clear expiration date they can use to issue such documents, as per Federal guidelines?
  • Without a formal decision or official guidance, TPS holders have no concrete instructions on how to document their continued status and work authorization, including an official USCIS document they can provide to employers. Employers likewise have no clear federal guidance on how to verify continued employment authorization.
  • Immigration arrests and detentions are increasing. ICE will not care about media outlets sharing a vague statement; they will continue to ask Salvadoran to show their papers.

In the meantime, what employers will be asking Salvadoran TPS holders is:

  • When is the new expiration date?
  • What official documentation do you have to prove this?
  • When will you be receiving a new EAD?

None of the above can be answered by a social media post, TikTok video, a news report, or a vague statement. For now, we still need to wait for the official notice. 

A long-overdue decision is past its 60-day timeline. This delay creates problems for people who can't get valid documents with a new expiration date. Some will lose jobs; others could be arrested for driving with an expired driver's license and handed over to ICE; or, if arrested by immigration, it will be very difficult to get them out of detention.

What should TPS holders from El Salvador do?

Share with local community-based organizations if you experience any challenges or confusion as a result of the lack of clear guidance, including:

  • Your employer fires you.
  • The DMV refused to renew your driver’s license.
  • Essential services are interrupted.

Get organized: 

Ask for support:

  • Create an emergency plan.
  • Professional assistance on legal matters and mental health.

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