The title's premise is partially outdated. Federal courts initially blocked the termination of Temporary Protected Status (TPS) for Burma, Ethiopia, and Somalia through temporary stays issued in early 2026, but the Supreme Court's June 25, 2026 decision in Mullin v. Doe removed the legal basis for those blocks.
DHS then proceeded with all three terminations by mid-August 2026, affecting hundreds of thousands of immigrants. El Salvador's TPS designation escaped termination only because DHS missed a legal deadline to formally end it, leaving roughly 200,000 Salvadoran TPS holders in an ambiguous legal state. The three countries' designations ended despite initial judicial intervention because the Supreme Court ruling stripped federal courts of the power to review DHS termination decisions on equal-protection or other non-constitutional grounds—the exact arguments lower courts had relied on months earlier.
Table of Contents
- Burma, Ethiopia, and Somalia TPS Have Officially Ended
- The Supreme Court Ruling That Made Terminations Possible
- How Lower Courts Temporarily Blocked the Terminations
- El Salvador Escaped Termination by a Procedural Deadline
- What Affected Individuals Can Do Now
- Frequently Asked Questions
Burma, Ethiopia, and Somalia TPS Have Officially Ended
Burma TPS terminated effective August 7, 2026, affecting approximately 3,900 nationals. Ethiopia TPS ended on August 18, 2026, removing protection from roughly 32,000 Ethiopian nationals. Somalia TPS terminated August 14, 2026, stripping status from approximately 360,000 Somali nationals—by far the largest cohort.
All three terminations took effect after DHS formally ended the designations following the supreme Court's ruling. Individuals who held TPS under these countries' designations are now deportable, regardless of how long they have lived in the United States or their ties to American communities.
The Supreme Court Ruling That Made Terminations Possible
The June 25, 2026 decision in Mullin v. Doe fundamentally altered the legal landscape. The 6-3 Supreme Court ruling determined that the TPS statute bars judicial review of most termination decisions, except on narrow constitutional grounds. The court specifically rejected equal-protection and statutory-interpretation challenges—the arguments that had worked in lower courts only months before.
This decision was decisive because lower courts had previously issued temporary stays blocking the same terminations under equal-protection theories. Once the Supreme Court foreclosed that avenue, no legal mechanism remained to halt the terminations. Courts still had authority over truly constitutional claims (such as First Amendment violations), but immigration termination decisions no longer faced the substantive review that had previously halted them.
How Lower Courts Temporarily Blocked the Terminations
Before the Mullin ruling, three federal district courts issued temporary stays. A federal district court in Illinois temporarily blocked Burma's termination on January 23, 2026. A Massachusetts federal district court issued a temporary stay for Ethiopia on January 30, 2026, and another temporary stay for Somalia in March 2026.
These stays were the mechanism that had delayed the terminations for months. However, all three courts allowed the terminations to proceed after the Supreme Court's June decision. The legal authority those judges had relied on—the power to review and block termination decisions on statutory or equal-protection grounds—was effectively eliminated by the Mullin ruling. Lower courts could not override the Supreme Court's interpretation of the statute, even when they disagreed with it.
El Salvador Escaped Termination by a Procedural Deadline
El Salvador's TPS tells a different story. DHS had a legal deadline of July 11, 2026 to publish a formal determination on whether to terminate or extend El Salvador's designation. Federal law requires automatic extension if no determination is published by the deadline. DHS missed this deadline without announcing a final decision. By September 3, 2026, DHS stated only that a decision "will be made at the appropriate time," leaving 200,000+ Salvadoran TPS holders in legal limbo.
El Salvador's TPS was not terminated, but neither was it formally extended. The failure to meet the statutory deadline created an automatic statutory extension, but the designation's long-term future remains uncertain.
What Affected Individuals Can Do Now
People who lost TPS through the Burma, Ethiopia, and Somalia terminations have limited options. They may: Individuals with questions about their status should not delay; deportation proceedings could begin at any time. Legal aid organizations in major cities often provide low-cost or free consultations to TPS holders seeking options.
- File an asylum application if they have a credible fear of persecution based on protected grounds (political opinion, religion, nationality, membership in a particular social group, or race)
- Pursue cancellation of removal if they have lived in the U.S. for at least 10 years continuously
- Apply for other forms of relief if they have family members who are U.S. citizens or permanent residents
- Consult an immigration attorney to determine whether any relief applies to their situation
Frequently Asked Questions
Do I have to leave the U.S. immediately if my TPS terminated?
No. Immediate deportation is not automatic. DHS begins removal proceedings through immigration courts, which can take months or years. Continue working legally on any remaining permits, and consult an immigration attorney about your options immediately.
Can courts still block deportations for people who lost TPS?
Courts can only review terminations on narrow constitutional grounds now, not on general fairness or equal-protection grounds. However, if DHS initiates removal proceedings, immigration judges can consider whether you qualify for other forms of relief (asylum, cancellation of removal, family-based petitions).
What about El Salvador's TPS—is it definitely still valid?
El Salvador's TPS remains in effect due to DHS missing the July 2026 deadline. Federal law mandates automatic extension when no determination is published. However, this automatic status is temporary, and DHS may announce a termination decision at any time, so Salvadoran TPS holders should have a legal plan ready.