Trump Slashing Deportation Protections Shows Why Temporary Status Shouldn't Depend on Who's President

In late August, President Donald Trump’s administration carried out its first deportation flight to Haiti since the Supreme Court allowed it to end temporary protected status (TPS) for the embattled country in June. “There are no extraordinary and temporary conditions in Haiti that prevent Haitian nationals…from returning in safety,” the Department of Homeland Security (DHS) claimed in its TPS revocation, describing a country the State Department warns Americans not to visit “for any reason.”

The Trump administration has eroded America’s humanitarian avenues, including TPS, which shields migrants from deportation. As a result, many noncitizens may become undocumented and could be forced to return to unsafe places.

The DHS secretary may grant TPS for countries facing armed conflicts, natural disasters, or other disruptive events. TPS designations last anywhere from six to 18 months and may be extended. The government has designated 29 countries for TPS since Congress established the status in 1990, offering protection to Salvadorans fleeing a 12-year civil war, Haitians fleeing the 2010 earthquake, and millions of others. The Biden administration repeatedly made and extended TPS designations, but the Trump administration has been working to terminate them.

There were 1.3 million people living in the U.S. under TPS in March 2025, according to the Pew Research Center. By August 2026, the Trump administration had ended TPS for 13 countries, leaving 1 million people without its protections. Once someone loses TPS, he reverts to his previous immigration status, which is often undocumented. Over 600,000 Venezuelans, 330,000 Haitians, 170,000 Salvadorans, and 100,000 Ukrainians had TPS protections as of March 2025, according to the Congressional Research Service.

Critics often point out that TPS isn’t really “temporary.” That’s frequently true: Although some designations have been brief, others have been decades-long. Designations for Haiti, Syria, Honduras, Nepal, Somalia, and El Salvador have all lasted at least 14 years, according to the Migration Policy Institute (MPI).

This says more about the U.S. immigration system and presidential power than it does about TPS. “In the absence of Congress acting to legalize what has become a long-settled unauthorized immigrant population, Republican and Democratic administrations, lawmakers, immigrants, and foreign governments had come to tacitly rely on TPS despite its nominally temporary nature,” notes the MPI. Immigration policy is increasingly subject to presidential whims, and due to lengthy processing times and narrow qualifications, more durable immigration pathways such as asylum and refugee status are often inaccessible to eventual TPS beneficiaries. An immigrant-friendly president may use TPS designations to temporarily shield noncitizen populations, but an anti-immigrant successor can also revoke those protections. In either scenario, a TPS holder faces uncertainty.

In a rare bipartisan immigration effort last February, Reps. Laura Gillen (D–N.Y.) and Mike Lawler (R–N.Y.) introduced a bill to extend TPS for Haiti for three years. It passed the House this April and has been languishing in the Senate since. Its future, too, is uncertain.

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