DHS to Terminate El Salvador TPS (effective Sep. 9, 2019)

Wendy Barlow's picture

On January 8, 2018, Secretary of Homeland Security Kirsten Nielsen announced that she would terminate the Temporary Protected Status (TPS) designation for El Salvador [PDF version]. However, Secretary Nielsen opted to delay the termination of El Salvador TPS for a period of 18 months in order to ensure an orderly transition. Accordingly, the TPS designation for El Salvador will terminate on September 9, 2019.

Secretary Nielsen determined that the conditions on the ground in El Salvador no longer support the continuation of El Salvador TPS, which was originally issued due to an earthquake in 2001.

El Salvadorans on TPS

The termination of El Salvador TPS is significant. El Salvador has by far the most TPS beneficiaries of any country, with U.S. News reporting that the number is over 260,000 El Salvadorans on TPS.1 Furthermore, because TPS for El Salvador began in 2001, these individuals have been in the United States for a significant period of time.

The DHS notice makes clear that El Salvadorans on TPS who are eligible for other statuses will be able to remain in the United States on such status. However, El Salvadorans who do not have a separate basis for remaining legally in the United States and are unable to obtain such status will be required to depart on September 9, 2019, barring any legislation providing replacement benefits.

For now, El Salvadorans on TPS will be able to apply for extensions through the end of the TPS designation for El Salvador. They will also be able to apply for El Salvador TPS-related employment authorization documents (EADs). However, the DHS has not yet published a Federal Register notice on the re-registration period for El Salvador TPS. We will update the site when this information becomes available.
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  1. Neuhauser, Alan. “DHS Ending Protected Status for El Salvadorans.” U.S. News. Jan. 8, 2018. https://www.usnews.com/news/national-news/articles/2018-01-08/trump-ending-protected-status-for-el-salvador?int­u.s.-news-information-rec