Practice Alert: DHS Fails to Make an Official Determination on TPS El Salvador
Temporary Protected Status (TPS) for El Salvador was set to expire today, September 9, 2026. As of this writing, however, no official termination or extension has been forthcoming. The New York Times and other news sources reported today that DHS said Salvadoran TPS holders will retain their protections for now and that an announcement regarding their status will come “at the appropriate time.” Questions remain about what that protection entails and how employers should document I-9 forms. AILA Executive Director Ben Johnson also addressed the delayed decision on X and Bluesky, noting the Administration’s pattern of delayed TPS decisions.