The U.S. Department of Homeland Security has issued updated guidance regarding the termination of Temporary Protected Status (TPS) for Ethiopia, following a review of country conditions and consultation with relevant federal agencies. Former Secretary of Homeland Security Kristi Noem determined that Ethiopia no longer met the criteria for TPS designation, citing deteriorating eligibility under the statutory and regulatory framework.
TPS for Ethiopia was initially slated to end on February 13, 2026, but the termination has been temporarily halted due to a federal court injunction. This guidance supersedes the prior update posted on March 12, 2026, and provides detailed instructions for employers, individuals, and legal practitioners on maintaining compliance during the ongoing legal proceedings.
Court Stay and Legal Context
On January 30, 2026, a judge in the U.S. District Court for Massachusetts issued a stay on the TPS termination in the case African Communities Together et al. v. Noem et al., No. 26-cv-10278-BEM (D. Mass.). The court’s order temporarily preserves TPS protections for Ethiopian nationals residing in the United States, including lawful presence and employment authorization, pending further legal review. The ruling underscores the complex intersection of executive authority, statutory criteria for TPS, and judicial oversight in immigration matters.
Legal observers note that federal courts have increasingly played a decisive role in evaluating termination decisions, particularly in cases where plaintiffs raise concerns about the humanitarian and safety implications of removing TPS protections.
Implications for Employment Authorization Documents (EADs) and I-9 Compliance
EADs issued under Ethiopia’s TPS designation with original expiration dates of June 12, 2024, and December 12, 2025, are now considered valid through April 13, 2026, per the court’s order. Employers completing Form I-9 should enter “as per court order” in Section 1 and “April 13, 2026” in Section 2, with a note in the additional information field to document compliance. Employers are advised to download and attach the USCIS alert and TPS Ethiopia webpage to Form I-9 records. In E-Verify, the expiration date of April 13, 2026, should be used when closing cases for Ethiopian employees. Consistent monitoring of the USCIS TPS Ethiopia page is essential, as ongoing litigation or updated DHS guidance may affect employment eligibility and verification requirements.
Broader Impact on Ethiopian Nationals and U.S. Employers
The termination of TPS for Ethiopia, even temporarily stayed, has significant implications for affected individuals and their families. TPS provides protection from removal and the ability to work legally in the U.S. Any change in status could have cascading effects on housing, healthcare access, and educational opportunities. Employers must remain vigilant to ensure proper verification and documentation under Form I-9 and E-Verify, as noncompliance can result in penalties.
Immigration attorneys and advocacy groups continue to advise Ethiopian nationals to maintain records of their TPS documentation and monitor updates closely, as the litigation could influence the ultimate duration of status and employment authorization.
Looking Ahead
The ongoing legal proceedings will determine whether the TPS termination for Ethiopia ultimately proceeds or is extended further. Federal court decisions, potential appeals, and subsequent DHS guidance will shape the protections available to Ethiopian nationals, as well as the responsibilities of employers and immigration practitioners.
The case highlights broader questions about TPS policy implementation, judicial review of executive determinations, and the balance between enforcement priorities and humanitarian considerations. Affected individuals, legal professionals, and employers are strongly encouraged to subscribe to USCIS updates through GovDelivery and regularly check official guidance to remain compliant with evolving requirements.
For continuous, neutral coverage of TPS updates, Form I-9 and E-Verify guidance, and related immigration policy developments, visit USCIS TPS Ethiopia page.
Resources
- https://www.uscis.gov/i-9-central/form-i-9-related-news/update-on-termination-of-tps-for-ethiopia
- https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-ethiopia
- https://www.fragomen.com/insights/united-states-termination-of-ethiopia-tps-stayed-for-now.html
- https://www.bal.com/immigration-news/united-states-uscis-updates-ethiopia-tps-page-noting-auto-extension-of-ead-validity-dates/
- https://www.americanimmigrationcouncil.org/fact-sheet/temporary-protected-status-tps-overview/
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