Supreme Court Weighs the Future of Salvadoran Temporary Protected Status

The U.S. Supreme Court heard arguments on whether the Biden administration properly evaluated conditions in Haiti and Syria before ending Temporary Protected Status (TPS) for those countries and, by extension, for the 12 nations whose designations were terminated under Secretary of the Interior Kristi Noem. The case also raises whether the decision disproportionately affects non-white immigrants, including the roughly 1.3 million Salvadorans who have lived in the United States under TPS since the program’s inception in 2001.

Congress created TPS in 1990 to shield nationals of countries experiencing natural disasters or civil strife from deportation. When President Donald Trump took office, 17 countries—including El Salvador—were designated, covering more than 1 million people. Under the Biden administration, the program was slated for renewal on Sept. 9, 2026. Earlier, the Trump administration terminated TPS for about 1 million beneficiaries from Venezuela, Honduras, Nicaragua, Afghanistan and other nations. Noem’s recent action ended TPS for all 12 countries up for renewal during her tenure.

• Nayib Bukele, President of El Salvador, a U.S. ally who has not publicly requested an extension.

• José Urías, a Boston-based construction entrepreneur and TPS holder since 2001.

• Lorena Zepeda, 58, organizer at the Central American Resource Center (CARECEN) and long-time TPS applicant.

• Rebecca Bill-Chavez, CEO of the Inter-American Dialogue think tank.

• José Palma, national coordinator of the National TPS Alliance.

• TPS covers 1.3 million people from the original 17 designated countries.

• Salvadoran migrants sent $9.9 billion in remittances in 2025, representing 24 % of El Salvador’s GDP.

• José Urías’ firm has built more than 150 homes, employing three staff and contracting with seven firms that collectively employ dozens.

• The U.S. has terminated TPS for roughly 1 million individuals from other nations.

José Urías, who arrived in the United States in 1994, built a construction business after years of low-wage work. He and his wife, both TPS beneficiaries, raise two U.S.-born sons—one a college sophomore and the other a middle-schooler. Urías says his children will remain in the United States even if his TPS ends.

Lorena Zepeda crossed the Mexican border in 1991 and has worked as a cook, hotel front-desk clerk, and now as an immigrant-rights organizer. Her husband obtained a green card in 2025, but Zepeda’s asylum denial and a 1999 deportation order leave her without permanent status. She fears deportation would separate her from her two adult children, both of whom plan to stay in the United States.

The Department of Homeland Security maintains that conditions in Haiti and Syria have improved sufficiently to no longer meet TPS criteria, justifying the termination of the designations. The administration argues that the program’s purpose is temporary and that the United States must reassess eligibility based on current country conditions.

Advocates contend the termination process ignored humanitarian realities and may reflect bias against non-white immigrants. José Palma of the National TPS Alliance warned, “We cannot rely solely on friendly relations,” emphasizing the uncertainty of the administration’s commitments. Critics also note that President Bukele has not formally requested an extension, leaving Salvadoran migrants without a clear diplomatic avenue.

• “It's not guaranteed, but it's not impossible either,” — José Urías, construction business owner

• “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

• “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, Inter-American Dialogue

• “Sadly, we know that I am not protected, but I have faith in God.” — Lorena Zepeda, CARECEN organizer

The Supreme Court’s ruling will determine whether the administration must reinstate TPS for Salvadorans and other affected nationals before the September renewal deadline. A reversal could preserve the legal status of hundreds of thousands of families and sustain the remittance flow vital to El Salvador’s economy, while an affirmation of the termination would likely trigger further litigation and advocacy efforts.