People protected by Temporary Protected Status (TPS) for Ukraine need to know whether their protection and permission to work will continue after October 19, 2026. A September USCIS notice says TPS is set to end on that date, but it does not identify the formal decision behind that statement or explain how the law’s rules for extending or ending TPS have been applied. September USCIS notice.
We are asking members of Congress to obtain the decision, its date, its legal basis, and clear instructions for affected people and employers. Anyone sending a letter may also choose to support an 18-month extension. You can request answers whether or not TPS affects you personally.
What TPS is and who makes the decision
TPS is temporary protection for eligible people already in the United States whose home country meets certain conditions, such as an armed conflict that makes returning unsafe. People granted TPS receive protection from deportation and permission to work while that status remains in effect. TPS does not itself provide permanent residence. Ukraine received TPS because of the war and conditions preventing safe return. TPS law, DHS explanation of Ukraine’s designation.
The Department of Homeland Security (DHS) makes the country-level TPS decision. U.S. Citizenship and Immigration Services (USCIS) is part of DHS and handles applications and related guidance. A country’s inclusion in TPS is called its designation. Individual applicants must also meet the eligibility requirements.
Members of Congress can press these agencies for documents, explanations, and action through congressional oversight. DHS must carry out the review and publication process required by law.
What has happened and what remains unclear
| Date | What it means |
|---|---|
| January 17, 2025 | DHS published an 18-month extension of Ukraine TPS, covering April 20, 2025, through October 19, 2026. |
| August 20, 2026 | This was 60 days before the current period ends: the statutory deadline for reviewing conditions and deciding whether Ukraine still meets the TPS requirements. |
| September 3, 2026 | USCIS issued an E-Verify bulletin saying Ukraine TPS and related benefits are set to end on October 19. It also described extensions of certain work documents through that date. |
| October 19, 2026 | The final day of the previously announced TPS period. |
| October 20, 2026 | The first day for which our letters seek clear answers about continued protection, employment, and documentation. |
The dates come from the published extension, the 60-day review requirement, and the September bulletin. August 20 is the calculated deadline, not a confirmed date of a DHS decision.
The problem is the gap between the statement that TPS will end and the explanation needed to establish what happens next. The August review deadline has passed. The September bulletin does not identify a signed decision, its adoption date, or a Federal Register notice ending Ukraine’s designation. It gives work-document instructions through October 19, without resolving the questions our letters ask about the following day.
As of this review, we have not located a separate Federal Register termination notice for Ukraine. That search result leaves a concrete question for DHS: what decision was made, including any decision that has not yet been published? A decision could exist internally before the public sees it. Its date and its publication history both matter.
The Federal Register is the government’s official publication for agency rules and notices. For TPS termination, publication there is part of the legal process. A website alert or email bulletin does not by itself supply the required Federal Register notice.
What the law requires
The main TPS statute is 8 U.S.C. § 1254a, also called Section 244 of the Immigration and Nationality Act (INA). “U.S.C.” means United States Code; the letters and numbers after the section identify the specific rule.
| Legal provision and link | Plain-English explanation |
|---|---|
| 8 U.S.C. § 1254a(b)(2)(B) — duration of designation | A country’s TPS designation remains in effect until termination takes effect under the statutory process. The end date in a previous extension notice therefore does not, by itself, establish that TPS has legally ended. |
| 8 U.S.C. § 1254a(b)(3)(A) — review and decision | At least 60 days before the current period ends, the government must review country conditions and decide whether the requirements for TPS remain satisfied. It must also arrange timely publication of the decision and its reasons. For this period, the review and decision deadline was August 20, 2026. |
| 8 U.S.C. § 1254a(b)(3)(C) — extension | If the government does not make the determination under the review provision that the country no longer qualifies, the law provides an additional six months. DHS may choose 12 or 18 months. This is why the existence and timing of a negative decision matter. |
| 8 U.S.C. § 1254a(b)(3)(B) — termination | Ending TPS requires a Federal Register notice stating the decision and its basis. Termination cannot take effect before 60 days after publication or before the current extension ends, whichever is later. The provision also refers to the documentation rules in subsection (d)(3). |
| 8 U.S.C. § 1254a(a)(1)–(2) — protection and work | People granted TPS are protected from removal and authorized to work during their TPS status. This makes the duration of protection and the ability to prove work authorization central to the inquiry. |
| 8 U.S.C. § 1254a(d) — documentation | DHS must provide documentation of TPS and employment authorization. This subsection also addresses document validity and the transition when a designation ends. |
The statute still refers to the Attorney General in these provisions. DHS’s published Ukraine notice explains that the Secretary of Homeland Security now exercises the TPS authority. DHS explanation of its authority.
Three dates must therefore be distinguished: when a decision was made, when it was published, and when termination may legally take effect. An unpublished decision raises questions about the review and extension rules; publication raises separate questions about when termination can take effect.
The legal issue cannot be resolved simply by pointing to October 19 on an earlier announcement. If DHS made no qualifying negative determination by the review deadline, our letters ask how it is applying the statutory extension rule. If DHS relies on a late or unpublished decision, we ask for the document and an explanation of its legal effect.
For reference, six months immediately following the current period would run from October 20, 2026, through April 19, 2027. These are the dates of that conditional scenario; confirmation of the applicable period is one of the answers we are requesting.
Why this matters for families and employers
If TPS ends, the consequences depend on whether a person has another immigration status, protection, or basis for work authorization. For someone relying on TPS, the effects can reach several parts of everyday life.
Protection from deportation. The person loses the protection provided by TPS when its termination legally takes effect. Other immigration protections may still apply, so the end of TPS does not itself mean that everyone is immediately deported. DHS needs to make clear who is affected and when. TPS protections under federal law, DHS explanation of status after TPS ends.
Permission to work and household income. Someone whose permission to work depends entirely on TPS may be unable to continue working legally once that authorization ends, unless another authorization or applicable extension covers them. Losing the ability to work can mean losing a job and the income used for rent, food, and other family expenses. TPS employment authorization.
Driver’s licenses in Texas. Texas ties a Limited Term driver’s license to the verified period of lawful presence. Renewal requires evidence of continued lawful presence. If TPS was the person’s only qualifying basis, they may be unable to renew the license when it expires. This can affect commuting, taking children to school, and attending medical appointments. The consequence depends on the license and the person’s other qualifying documents. Texas DPS rules for temporary visitors.
Health insurance and access to care. Losing a job may also mean losing the health insurance provided through that job. If the person no longer has an immigration status that qualifies them for the federal Health Insurance Marketplace, they cannot enroll through HealthCare.gov, even by paying the full premium. Marketplace immigration eligibility, CMS explanation of coverage options.
Private insurance outside the Marketplace may still be available at full price. Some people may also qualify to continue their former employer’s coverage temporarily through COBRA, generally at their own expense. These possibilities mean that losing TPS does not automatically make all health insurance unavailable, but replacing coverage can be costly, especially after losing employment income. HHS guidance on coverage outside the Marketplace, Department of Labor guide to COBRA.
These possible consequences explain the urgency of the request. Families need reliable dates to plan, and employers and other institutions need clear guidance they can use. Confusion about documents can also disrupt everyday life even when a person’s underlying protection continues.
Why work documents need a clear answer
An Employment Authorization Document (EAD) is the card commonly called a work permit. The card’s printed expiration date and the period of legal work authorization are not always identical: an applicable rule or notice may extend a document. The September USCIS bulletin itself describes certain EAD extensions through October 19. It does not establish a general extension beyond that date. USCIS bulletin.
For example, an employee may need to show that an expiring card remains acceptable. A statement that TPS continues would still leave the employee and employer needing the applicable document instructions and end date.
Several regulations explain why our letters specifically ask about work documents:
| Rule and link | Why it matters to this request |
|---|---|
| 8 CFR 244.12 — TPS employment authorization | Governs employment authorization and EAD issuance and renewal for people granted TPS. A country-level extension needs corresponding document guidance. |
| 8 CFR 274a.12(a)(12) and (c)(19) — A12 and C19 categories | A12 relates to granted TPS; C19 relates to certain TPS applicants. These codes appear on work permits, and the groups may need different instructions. |
| 8 CFR 274a.13(d)–(e) — pending EAD renewals | Renewal filing dates and other conditions matter. For filings on or after October 30, 2025, a renewal request alone generally does not extend an EAD; exceptions include extensions provided by law or an applicable TPS Federal Register notice. |
“CFR” means Code of Federal Regulations: agency rules implementing federal law. A pending renewal is an application still awaiting a decision. Form I-9 is the form employers use to verify identity and employment authorization; E-Verify is an electronic verification system used by participating employers. Our request seeks instructions that address these practical steps as well as the underlying TPS decision.
The four answers we want Congress to obtain
1. Was a decision made and on what date
We ask whether DHS made a final determination that Ukraine no longer meets the TPS conditions, including a decision that has not been published. We want the signed document, its exact adoption date, the deciding official’s name and title, and publication details. Was it adopted by August 20?
Why we ask: the date is necessary to assess how DHS applied the review deadline and extension rule. An answer about plans, a draft, or the old expiration date would leave that question unresolved.
2. How is DHS applying the extension rule
If no such determination was made by the deadline, we ask DHS to explain how it is applying § 1254a(b)(3)(C) and to give the resulting start and end dates. If DHS says the provision does not apply, we want its reasoning, including any reliance on a late or unpublished decision.
Why we ask: the law contains a mechanism for continued protection. People need an official explanation of how it applies to Ukraine and what dates they can rely on.
3. What supports the announcement that TPS is ending
We ask for the decision and Federal Register notice supporting the September bulletin’s statement about October 19. We also ask how DHS calculated the effective date and complied with the publication requirements. If the public guidance is inaccurate or incomplete, we ask that it be corrected.
Why we ask: people and employers may act on USCIS’s announcement. They need guidance that reflects the actual decision and the legal timetable.
4. Who can remain protected and keep working after October 19
We ask whether TPS protection and related work authorization continue, which people are covered, and until when. Where they continue, we want precise instructions on acceptable proof, including A12/C19 EADs, pending renewals, and the relevant Form I-9 and E-Verify procedures.
Why we ask: an answer about the program’s overall status is incomplete without instructions that employees and employers can use.
Why we are contacting these offices
This effort is organized for Texas residents. John Cornyn and Ted Cruz are our two U.S. senators. Cornyn chairs the Senate Judiciary Subcommittee on Border Security and Immigration, and Cruz serves on it. The subcommittee’s responsibilities include oversight of DHS and USCIS, making these questions directly relevant to their work. Senate subcommittee membership and responsibilities.
Senator Tammy Duckworth of Illinois led the September 22 bipartisan Senate letter urging an 18-month extension and redesignation of Ukraine TPS. We ask her office to follow up that initiative with the specific legal and practical questions above. Duckworth’s September 22 announcement and letter.
The packet also includes a letter to the U.S. representative for your Texas congressional district, another elected official who represents you and can request an agency response. The separate sending instructions contain the contact links and explain which template to use.
You do not need to receive TPS or know someone who does. You can write as a constituent who wants federal agencies to explain consequential decisions, follow the law, and give the public usable information.
What we want the letters to accomplish
We want the offices to obtain a written response from DHS and USCIS before October 19, share the supporting documents, and make the applicable dates and work-document instructions clear to the public. This is our requested response date so people can plan before the current period ends.
A useful response would identify the decision or confirm that none was made, explain the extension or termination rules being applied, and tell affected people and employers exactly what to do after October 19.
Supporting an 18-month extension is optional. The bracketed paragraph in each letter expresses that policy preference. Keep it and remove its outer brackets if you agree, or delete the entire paragraph if you only want clear answers. The request for an 18-month extension is a policy choice; the question about a possible six-month extension asks how DHS is applying the existing law.