Major Shift in TPS Protection for South Sudan Nationals

On November 4, 2025, the Department of Homeland Security (DHS) announced that the TPS designation for South Sudan will terminate effective January 5, 2026. This decision affects approximately 5,000 South Sudanese nationals living in the U.S., who had been protected under TPS since 2011. For immigration firms, employers and clients alike, this marks a significant change in status, employment eligibility, and removal risk. Previously, DHS extended the designation for South Sudan multiple times. Most recently, a six-month automatic extension was issued in May 2025, covering May 4 – November 3, 2025. Throughout these extensions, Employment Authorization Documents (EADs) issued to beneficiaries were automatically extended accordingly.

What the TPS Designation Termination Means: Key Details

• The termination notice states that DHS Secretary Kristi Noem determined that South Sudan “no longer meets the TPS statutory requirements” of ongoing armed conflict or extraordinary and temporary conditions
• Beneficiaries will retain lawful status and employment authorization through the transition period until January 5, 2026 (60 days after notice publication), EADs issued under the South Sudan designation will be valid through that date
• After that date, TPS protections will lapse, meaning beneficiaries must revert to any underlying immigration status or face potential removal

Implications for Firms, Employers and Beneficiaries

• Employment eligibility and I-9 compliance: Employers with staff under South Sudan TPS designation should update their payroll and HR systems to reflect the January 2026 end date, and prepare for re-verification procedures
• Client notifications and planning: Immigration law firms should alert clients about the upcoming status end, explore alternative visa avenues and assess whether underlying status exists
• Removal risk & re-entry issues: Some beneficiaries may find themselves without legal status after January 5 unless they secure other protections or statuses
• Advising employers: Firms relying on TPS-based labor (including non-profit or humanitarian organizations) should assess workforce impacts and strategize for transitions away from TPS-based employment

Next Steps to Protect Clients

1. Audit clients with South Sudan TPS now: verify underlying status, re-registration history, and EAD validity
2. Counsel early on alternative pathways: E.g., family-based, employment-based, asylum, or other humanitarian relief
3. Advise employers on workforce transition: Update HR policies, prepare for possible staffing changes in early 2026, and track I-9 storage and re-verification issues
4. Track further TPS announcements: Given the policy signal in this termination, future redesignation or termination actions for other countries are likely

For immigration attorneys who prepare proactively and counsel transparently, this change represents an opportunity to guide clients through a complex update with clarity and foresight.

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