09/10/2026
For more than 25 years, American employers have operated under a Temporary Protected Status (TPS) program that was repeatedly extended by Presidents of both parties. Many businesses reasonably came to rely on Salvadoran employees legally authorized to work, including school bus drivers and food service delivery workers here on Long Island.
Salvadoran TPS is emblematic of an immigration system that has been broken and inconsistently enforced for decades. Our legal immigration policies often fail to match our workforce needs. We issue too many visas for jobs Americans can fill and too few where domestic labor is scarce, all while illegal immigration undermines the rule of law.
President Biden’s open border policies made the problem dramatically worse and left President Trump an enormous mess. I support President Trump’s efforts to secure the border, deport violent criminals, and restore integrity to our immigration system. I also agree that “temporary” must mean temporary.
Days before leaving office, President Biden extended Salvadoran TPS through September 9, 2026. Then, on August 12, 2026, just 28 days before that expiration date, the Trump Administration told employers to prepare for their Salvadoran workers’ employment authorization to expire.
But after 25 years of repeated extensions, 28 days was simply not enough time to recruit, hire, and train American citizens or others legally authorized to work. That is why, on September 5, I asked President Trump for a clearly defined six month employment transition period, not another long term TPS extension. This would give American businesses a reasonable runway while preserving a firm endpoint.
Because DHS did not issue a decision by the statutory deadline, Salvadoran TPS has been de facto extended, giving American employers much needed time to transition their workforces toward American workers and others with longer term legal status.
It also gives Congress time to consider broader reforms such as the bipartisan Dignity Act, which I cosponsor. The bill strengthens border security, reforms the asylum system, requires nationwide E Verify, and allows certain longtime undocumented immigrants to earn legal status, but not citizenship or amnesty, by passing background checks, working, paying taxes and restitution, and remaining in good standing. Participants would remain ineligible for federal means tested benefits.
I appreciate the additional transition time as President Trump works to restore order and accountability to our immigration system. No President has done more to restore integrity to our immigration laws, and no one is better positioned to work with Congress to fix a system that was broken long before he first ran for office.