As of October 19, 2026, eligible Ukrainian and Sudanese nationals who have Temporary Protected Status (TPS) remain protected from removal for now, according to a Department of Homeland Security (DHS) statement reported on October 18. DHS said protections would continue while final decisions on the programs are pending. It did not announce a new fixed end date or a new employment authorization document (EAD) extension.
That distinction matters. Continued protection from removal does not, by itself, establish what documents an employee may use to prove employment authorization on Form I-9. Beneficiaries and employers should verify the current rules and each person’s documents rather than treating the news announcement as a new I-9 extension.
This page is current as of October 19, 2026, and is subject to new DHS or U.S. Citizenship and Immigration Services (USCIS) guidance.
What DHS announced about TPS Ukraine and TPS Sudan
On October 18, CBS News reported that DHS said Ukrainian and Sudanese TPS beneficiaries would retain protection from deportation while the agency’s final decisions are pending. The New York Times report, republished by the Philadelphia Inquirer on October 18, also reported that protections would continue for now. Neither report identifies a new fixed expiration date issued by DHS.
The prior agency record listed October 19, 2026, as the end date. The January 2025 Federal Register notices extended both designations through that date, and USCIS’s country pages and September 3, 2026, I-9 alerts described the designations and qualifying TPS-based EAD extensions as ending then.
- CBS News: Ukrainian and Sudanese immigrants retain deportation protections for now
- Philadelphia Inquirer: Migrants from Ukraine and Sudan to keep deportation protections for now
- USCIS TPS Ukraine page
- USCIS TPS Sudan page
Continued protection is not a new I-9 extension
The DHS statement reported by the news outlets concerns protection from removal while decisions are pending. It did not itself specify a new expiration date for EADs or provide new instructions for Form I-9 or E-Verify.
USCIS’s September 3 alerts set out qualifying, TPS-based EAD extensions only through October 19, 2026. They do not describe an extension beyond that date. As of this article’s October 19 information cutoff, USCIS had not issued public guidance establishing a new EAD or I-9 extension for either country.
For individuals, this means the DHS announcement should not be treated as proof that a specific expired EAD remains valid for Form I-9. Employers likewise should not assume that an expired EAD has been extended based on a news report alone. Check for new official guidance and review the employee’s particular documentation.
See the agency alerts for the details and document criteria that applied through October 19:
- USCIS/E-Verify alert for Ukraine, released September 3, 2026
- USCIS I-9 alert for Sudan, released September 3, 2026
The six-month statutory rule requires careful review
The TPS statute addresses a situation in which DHS does not make a determination at least 60 days before a designation period expires. Under INA § 244(b)(3)(C), codified at 8 U.S.C. § 1254a(b)(3)(C), the designation is extended for six months in the circumstances described by the statute.
That provision is relevant to the current uncertainty. However, DHS has not publicly confirmed a specific new expiration date or explained how the provision applies to these designations and each beneficiary’s records. Although six months after October 19, 2026, would be April 19, 2027, that date should not be treated as a newly announced DHS deadline.
A potential statutory continuation of a designation also does not supply employers with new Form I-9 procedures by itself. Beneficiaries and employers should wait for official instructions on documentation and verify individual circumstances.
Checklist for TPS beneficiaries
Beneficiaries should take the following steps:
- Review your records. Locate your EAD, USCIS notices, TPS approval or re-registration records, and any pending Form I-765 or Form I-821 receipt notices.
- Check official sources regularly. Review the USCIS Ukraine TPS page or USCIS Sudan TPS page, as applicable, for new notices.
- Do not assume an extension. The September 3 alerts describe qualifying EAD extensions through October 19, 2026. Do not rely on a new EAD or I-9 extension unless DHS or USCIS publishes guidance that applies to your documents.
- Speak with your employer’s HR contact promptly. If your employer is reviewing your work authorization, provide copies of relevant official notices and ask what documentation it needs under current USCIS rules.
- Get legal review before time-sensitive decisions. Obtain advice from an immigration lawyer before making decisions about employment, travel, or other immigration filings based on uncertain status or documentation.
Checklist for employers and HR teams
Employers should take a consistent, document-based approach to I-9 compliance and workforce compliance:
- Identify affected reverification dates in I-9 records and flag files connected to the Ukraine and Sudan TPS alerts.
- Check the latest USCIS and E-Verify guidance before changing an expiration date or treating a document as extended.
- Apply reverification requirements neutrally. When reverification is required, follow the applicable Form I-9 instructions and give the employee the opportunity to choose acceptable documentation.
- Do not request specific documents. Employees may choose from the acceptable documents. Employers may not demand an EAD, proof of TPS, proof of nationality, or a particular immigration document when other acceptable documents are presented.
- Avoid discriminatory treatment. Do not single out employees because of national origin, citizenship, or immigration status. Do not take adverse action based solely on an E-Verify mismatch while the employee has an opportunity to resolve it.
- Document your process. Keep a record of applicable agency instructions and the basis for any I-9 update, while safeguarding employee information.
An employer should not treat the DHS announcement as authorization to extend an EAD’s I-9 expiration date without official guidance. If an employee’s documentation appears to have expired and no applicable extension is documented, seek prompt legal or compliance review before taking employment action.
Immediate review may be necessary
The situation remains unsettled because DHS has said protection continues while final decisions are pending, but has not publicly provided a new fixed end date or new I-9 documentation rules. Individual records may also differ based on EAD category, card expiration date, renewal history, and pending applications.
Blasingame Law LLC assists individuals and families with humanitarian immigration services and advises employers on immigration-related workforce compliance. If employment documentation, international travel, or another status decision is time-sensitive, request an individualized review through our contact page.
This article provides general information, not legal advice for any individual case. The rules may change with new DHS or USCIS guidance. Verify current agency instructions and consult qualified counsel before acting on a time-sensitive immigration or employment decision.
