What is the process, and who decides on the extension of TPS? 

The TPS legislation provides that 60 days prior to the termination of a country's designated TPS period (whether the initial TPS designation or an extension), the Secretary of Homeland Security, after consultation with other government agencies, shall evaluate the situation in that country and determine whether the conditions that warranted the TPS designation continue. 

The Secretary of Homeland Security shall publish in the Federal Register a notice of his or her decision, including the reasons for it. 

If the decision is that the conditions that warranted the designation of TPS continue, the extension period must be stated. 

If the decision is that the conditions that warranted the designation of TPS do not continue and should, therefore, be terminated, the decision will become effective at least 60 days after publication in the Federal Register. 

‍Could the incoming government disregard the decision to extend TPS after publication in the Federal Register? 

The decision to extend TPS is based on carefully evaluating conditions in the country of origin. Publication in the Federal Register has legal implications.

If the incoming government attempts to reverse or change this decision, there would be substantial legal grounds for a lawsuit. 

However, we must be vigilant. TPS beneficiaries should file the documents for extension as soon as possible and renew their work permits.  

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Fact Sheet on the Temporary Protected Status (TPS) Extension Announcement for El Salvador

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