After the Supreme Court’s 2025 ruling let the administration wind down Temporary Protected Status designations, immigration attorney Charles Kuck laid out where things stand. His blunt summary: the legal brake is gone.
mic What the Attorney Says
“That means that Trump can end TPS whenever he wants to.”
By the time Kuck spoke, most designations had already ended, and he counted only a handful still active.
mic What the Attorney Says
“The only active ones left are El Salvador, Ukraine, Sudan, and Lebanon. Lebanon ends in November. Ukraine and Sudan end in October 1, and El Salvador ends on September 6th, I think.”
Those dates move as the government issues new notices, and one already has. In a later broadcast Kuck clarified that because the administration never posted a timely termination notice for El Salvador, that designation auto-extended six months, pushing the El Salvador work-permit deadline from September 2026 to February 8, 2027. That six-month automatic extension is a feature of the statute when DHS misses the notice deadline, so always confirm your own country’s current status and dates directly with USCIS. The more durable point is what termination actually does. TPS is a work permit and a shield from removal under INA 244. When it ends, you lose the permit, but you do not automatically become deportable overnight.
mic What the Attorney Says
“Does that mean you got to leave? Well, it means you no longer have a work permit, but you’re still eligible to apply, for example, for asylum.”
Unless you already have a removal order, the government has to place you in removal proceedings and give you a hearing before it can deport you, a process Kuck expects to take years for the more than a million people affected. Note that asylum carries a one-year filing deadline with limited exceptions, so it is not a fallback everyone still qualifies for.
The better exits, where they exist, run through a green card. If you held TPS and traveled on advance parole, that lawful entry can open adjustment. An over-21 U.S.-citizen child or a citizen spouse can petition, and an employer sponsorship becomes possible too. That travel-and-adjust mechanics question is its own subject, covered in how TPS advance-parole travel interacts with the 245(a) and 245(c) bars. In the meantime, once the permit lapses, ordinary movement carries new exposure, which is why domestic travel after TPS or status ends deserves its own plan.
Sources
- 8 U.S.C. § 1254a, Temporary protected status (INA 244), Cornell LII open_in_new
- 8 U.S.C. § 1229a, Removal proceedings (INA 240), Cornell LII open_in_new
- 8 U.S.C. § 1158, Asylum (INA 208), Cornell LII open_in_new
- USCIS, Temporary Protected Status open_in_new
- Charles Kuck, Kuck Baxter Immigration live Q&A (YouTube) open_in_new
- Charles Kuck, Kuck Baxter Immigration, TPS auto-extension update (YouTube) open_in_new