TPS: USCIS Maintains Validity of Work Permits Despite Termination Attempt for Three Countries

While thousands of foreign workers faced the threat of losing their jobs in the United States, USCIS has confirmed that work permits for many Temporary Protected Status (TPS) beneficiaries remain valid, pursuant to a recent federal court decision.

This clarification concerns nationals of Honduras, Nepal, and Nicaragua, and provides immediate relief for both employers and affected employees.

This decision highlights an ongoing conflict between the Trump administration and the federal judiciary regarding the attempted termination of these long-standing immigration protections.

USCIS’s confirmation allows thousands of workers to continue working legally, even if their Employment Authorization Documents (EADs) have formally expired. For businesses, this avoids contract terminations, forced layoffs, and administrative penalties related to Form I-9 employment eligibility verification.

The agency states that as long as the court order remains in effect, these EADs are legally valid, even if the printed expiration date has passed. No additional filing or fee is required.

A Court Decision That Changes the Game

This situation results from an order issued on December 31, 2025, by Judge Trina Thompson of the U.S. District Court for the Northern District of California. In National TPS Alliance et al. v. Noem et al., the judge vacated the Department of Homeland Security (DHS) decision to terminate TPS for the three countries.

The court found that Secretary of Homeland Security Kristi Noem did not meet legal obligations set by Congress. The administration failed to conduct a thorough and up-to-date assessment of conditions in the countries of origin or to demonstrate that beneficiaries could safely return.

The court emphasized that TPS termination was decided without adequate examination of economic, political, and security conditions, despite the legal requirement for such an assessment before ending the designation.

The court found this procedural deficiency sufficient to invalidate the administrative decision, regardless of broader political considerations. The order also accepted the argument that certain prior public statements by President Donald Trump and Secretary Kristi Noem, describing immigrants as “criminals” or “invaders,” provide important context.

The court determined that this language could be seen as reflecting racial or ethnic hostility, which likely influenced the administrative decision. This finding supports the conclusion that the TPS termination attempt was legally tainted.

Deadlines Now Frozen

Before the court’s intervention, DHS had established a specific timeline:

These deadlines are now suspended, and any removal action based solely on these decisions is blocked while the injunction remains in effect.

USCIS has specified the EAD expiration periods covered, which span several years and reflect the complex history of TPS renewals.

For Nepal, covered permits include those expiring from 2018 to 2025, including those that expired in 2020, 2021, 2022, and 2024.

For Honduras and Nicaragua, the extension covers EADs that expired as early as 2018 through July 2025.

This clarification is crucial for employers, who may continue to accept these documents as valid proof of work authorization.

The Department of Homeland Security has strongly contested Judge Thompson’s decision. In an official statement, DHS said it “strongly opposes” the order and noted it has recently prevailed in several similar cases before the U.S. Supreme Court.

The administration is working with the Department of Justice to evaluate appeal options, which could lead to a prolonged legal process.

For TPS beneficiaries, the decision provides immediate but not permanent stability. The right to work and remain in the United States continues, but depends on the outcome of ongoing legal proceedings.

New York immigration attorney Keshab Seadie believes the decision “confirms the legal presence of TPS holders,” while emphasizing the fragility of the situation.

“If the administration fails on appeal, the government will have to restart the entire termination process on legally neutral grounds,” he explains. “Conversely, an executive victory could reopen the path to deportations after a transitional period of six to eighteen months.”

Attorneys advise TPS beneficiaries to exercise caution, avoid international travel without prior legal advice, and carefully preserve all documents related to their status and court decisions.

Source: NEPYORK