Termination of Temporary Protected Status (TPS) for Ethiopia: What Employers Need to Know
The U.S. Department of Homeland Security (DHS) has announced significant changes regarding Temporary Protected Status (TPS) for Ethiopia, set to take effect in 2026. This decision underscores the complexities surrounding immigration and workforce management for employers in the United States.
Key Announcement from DHS
On December 15, 2025, the DHS confirmed that Ethiopia’s TPS designation will be terminated on February 13, 2026, following a comprehensive review of the prevailing conditions within the country. The DHS determined that Ethiopia no longer qualifies for TPS as conditions related to armed conflict and extraordinary circumstances have improved substantially.
For more details, refer to the official notice in the Federal Register.
Implications for Employers
This termination raises crucial compliance issues for employers, as individuals relying on TPS-based employment authorization will lose their work eligibility unless they secure alternative valid work authorization. Here are essential steps that employers should consider to prepare for the changes:
1. Review Workforce Composition
Employers should conduct a thorough review of their workforce to identify employees who are currently working under TPS. Keeping an accurate record of these employees will facilitate better planning and compliance management.
2. Monitor Employment Authorization Document Expirations
Tracking the expiration dates of Employment Authorization Documents (EADs) is vital. Employers must ensure that they have systems in place to manage these dates effectively to avoid compliance issues.
3. Ensure I-9 Compliance
With the end of TPS, it is critical to ensure timely updates to Form I-9 for affected employees. Employers must navigate this process carefully to avoid discrimination or improper re-verification practices.
4. Stay Updated on DHS Developments
Employers are advised to continuously monitor DHS updates and relevant immigration policies. Keeping abreast of the changing landscape will help employers remain compliant and prepared for future changes.
Additional Considerations for EAD Holders
The termination of TPS is part of a more extensive policy trend by the administration, emphasizing a return to the temporary and limited purpose of TPS protection. Given the recent termination of EAD extensions and ongoing delays in benefits processing affecting employees from various countries, employers should consider the following:
- Consult Immigration Counsel: Assess the potential impact on your workforce and discuss alternative options.
- Explore Alternative Immigration Solutions: Determine other legal pathways for employees who may lose their work authorization.
- Plan for Transitions: Develop plans to transition affected employees to compliant work authorization arrangements before the termination date.
Conclusion
The end of TPS for Ethiopia highlights the necessity for employers to remain vigilant about compliance and workforce planning in the face of evolving immigration policies. As the situation develops, companies are encouraged to consult reliable immigration resources and legal counsel to ensure they navigate these changes effectively.
For ongoing updates and insights into immigration compliance, employers can follow expert commentary and analysis from firms like Seyfarth Shaw LLP, which has a dedicated immigration compliance team.
Stay informed, prepare effectively, and ensure your organization is ready for the changes ahead as the DHS shifts its stance on TPS designations.
