If President Biden or the DHS Secretary extends existing TPS designations before January 20, 2025, the new expiration date could extend protections and work authorization under INA § 244(a)(1) until December 2026, assuming an 18-month extension from the June 2025 expiration date. Even if a subsequent administration—such as one led by Donald Trump—seeks to terminate TPS designations under INA § 244(b)(3)(B), legal challenges, similar to those in Ramos v. Wolf, could delay the effect of any termination. During such litigation, TPS beneficiaries would likely retain their protections and work authorization under INA § 244(a)(3), as the validity of the termination would remain unresolved in court.

In this scenario, the Biden administration’s timely extension of TPS could ensure stability for beneficiaries, allowing them to legally work and reside in the United States until December 2026, even if court cases challenging termination remain ongoing during a Trump administration.