Supreme Court Hears Challenge to U.S. Termination of Salvadoran Temporary Protected Status

On March 24-25 2026 the U.S. Supreme Court heard arguments on the Department of Homeland Security’s decision, under Secretary Kristi Noem, to end Temporary Protected Status (TPS) for Salvadoran nationals. Petitioners claim the administration failed to properly assess conditions in Haiti and Syria—countries whose TPS designations were also revoked—and argue the move may discriminate against non-white immigrants. The renewal deadline is September 9 2026.

Congress created TPS in 1990 to protect nationals of countries facing natural disasters or civil conflict. El Salvador received TPS after two major earthquakes in 2001. By the start of the Trump administration, 17 countries covering roughly 1.3 million people were designated. Trump later ended TPS for about 1 million beneficiaries from nations such as Venezuela, Honduras, Nicaragua and Afghanistan.

José Urías, a 47-year-old Salvadoran TPS holder in Boston, founded a construction firm that has built over 150 homes and employs three staff. He and his wife, also a TPS beneficiary, have two U.S.-born sons and fear losing their legal status. Lorena Zepeda, a 58-year-old CARECEN organizer, entered the United States in 1991 and has sent $200-$400 monthly to relatives in El Salvador. Her husband became a green-card holder in February 2025, but Zepeda’s asylum claim was denied and a 1999 deportation order remains, leaving her the only family member at risk if TPS ends.

Salvadoran TPS holders sent $9.9 billion in remittances to El Salvador last year, representing 24 % of its GDP. About 1.3 million people are covered by TPS, with Salvadorans forming a large share. The termination threatens this financial pipeline and could reduce labor-force participation.

The Department of Homeland Security says conditions in El Salvador no longer meet TPS criteria. Secretary of State Marco Rubio’s 2024 visit secured an agreement for El Salvador to accept deportees of any nationality. The State Department raised El Salvador’s travel advisory to its highest level in April 2025, citing reduced violent crime. Critics, including National TPS Alliance coordinator José Palma, argue the termination discriminates against non-white immigrants and offers no guarantee of protection. They note President Nayib Bukele has not publicly requested an extension, despite the $9.9 billion economic impact.

• “It's not guaranteed, but it's not impossible either,” — José Urías, Salvadoran TPS holder, Boston

• “Our life is based here, I have lived more of my life here than in El Salvador,” — José Urías

• “We cannot rely solely on friendly relations,” — José Palma, National TPS Alliance coordinator

• “I don’t think that the fact that Bukele has really delivered on Trump’s priorities necessarily means that Trump will respond to TPS extension requests,” — Rebecca Bill-Chavez, CEO, Inter-American Dialogue

The Court is expected to issue a decision later in 2026, which will determine whether Salvadoran TPS is reinstated before the September 9 deadline. Advocacy groups have signaled readiness to file additional litigation if the ruling favors termination.