TPS for Ukraine and Sudan Remains in Place, Pending DHS Announcement

October 20, 2026

Temporary Protected Status (TPS) for Ukraine and Sudan was scheduled to expire on October 19, 2026. On October 18, the day before that deadline, the Department of Homeland Security (DHS) told CBS News that an announcement on both programs will be made “at the appropriate time,” and that until then, Ukrainian and Sudanese TPS holders will “retain protection.” The following day, U.S. Citizenship and Immigration Services (USCIS) posted similar statements on its Ukraine and Sudan TPS pages, adding that this protection includes work authorization. DHS has not published a formal notice extending or terminating either designation, and has not said when it will.

A New Pattern

This is the same de facto extension-without-announcement pattern followed by the government last month, when TPS for El Salvador expired without clarity as to the program’s fate, leaving TPS holders from El Salvador unclear about their status and work authorization. The government provided slightly more notice and clarity for Ukraine and Sudan.

DHS is required to review each country’s TPS designation and announce its decision at least 60 days before the designation expires, which for Ukraine and Sudan meant an announcement should have come by August 20, 2026. When DHS misses that deadline, the law provides that the designation is automatically extended for six months. However, DHS has not confirmed that this automatic extension has taken effect; they simply stated that an announcement on the TPS designation for Ukraine and Sudan would come at some point in the future.

Who Is Affected?

TPS allows nationals of designated countries who are already in the United States to live and work here while conditions at home – in this case, ongoing war in both countries – make return unsafe. Ukraine was first designated in 2022, following Russia’s invasion; Sudan was first designated in 1997. Estimates vary, but more than 100,000 people currently hold TPS under these two designations.

For now, these individuals remain protected from removal and authorized to work. However, their documents may not reflect that. USCIS’s August employer guidance stated that both designations, and the automatic extensions of related work permits, would end on October 19. Many TPS holders are therefore carrying work permits that appear, on their face, to have expired.

What This Means for Employers

The situation is unclear for employers. USCIS’s most recent formal guidance for Form I-9 and E-Verify still lists October 19 as the end date for Ukrainian and Sudanese TPS-based work authorization; however, the TPS webpages for Ukraine and Sudan now state that work authorization continues. Until DHS publishes a formal notice, there is no updated expiration date for employers to reference. Employers with questions about how this affects their workforce or their Form I-9 records should consult an immigration attorney.

Looking Ahead

Unfortunately, the current reprieve is temporary, and there is no indication of how long it will last. Since early 2025, DHS has ended TPS for more than a dozen countries, and termination for Ukraine or Sudan remains possible. TPS holders who may be eligible for another path to permanent residence – through family, employment, or asylum – may want to explore those options now, while there is still time to do so. Lebanon’s TPS designation, which expires in November, may be the next to face a similar situation.

Simon, Choi & Tuohy will continue to track this story closely, and will provide updates as warranted. If you wish to discuss your options, please contact our office.

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