TPS for Somalia: Court Order, Eligibility, and Re-Registration

Temporary Protected Status for Somalia remains in effect. The Department of Homeland Security published a notice terminating the designation as of March 17, 2026, but a federal court order issued on March 13, 2026, stays that termination while litigation continues.¹ Somali nationals who already hold TPS keep their status, work authorization, and protection from removal, and pending applicants keep their rights while their cases are processed. Because the situation depends on active litigation, check the USCIS Somalia TPS page before making any decision that turns on your status.

What the Court Order Does

DHS published its termination notice in January 2026, setting March 17, 2026, as the last day of the Somalia designation.² Four days before that date, a federal judge in the District of Massachusetts stayed the termination in African Communities Together et al. v. Noem et al., No. 26-cv-11201. For as long as the stay holds, the termination has no legal effect.³

In practice, that means everyone with approved Somalia TPS keeps their status and every benefit that comes with it. People with pending Somalia TPS applications also retain their rights, including eligibility to work while USCIS processes the case.¹ This can change if the court lifts the stay or the case resolves, so treat the current protection as conditional and monitor it.

Who Qualifies

TPS applicants have to meet criteria set by federal law: nationality, continuous residence, and continuous physical presence in the United States.⁴ You must be a Somali national, or a person without nationality whose last habitual residence was Somalia.

Residence and Presence Dates

Somalia’s most recent redesignation, published in the Federal Register on July 22, 2024, sets two date requirements for new applicants. You must have continuously resided in the United States since July 12, 2024, and been continuously physically present since September 18, 2024.⁵ If you registered under an earlier designation, that designation’s dates apply to you instead.

The two requirements overlap but are not the same. Continuous residence means the United States has been your home since the date; continuous physical presence means you have actually been inside the country since the date. Both allow brief, casual, and innocent absences, and the statute permits short trips forced by an emergency or circumstances beyond your control without breaking residence.⁴ Long or repeated absences invite scrutiny. Review your travel history before filing and be ready to document any gaps.

Late Initial Registration

If you missed the initial registration window, late filing is possible in limited situations. It applies when, during the original registration period, you held a qualifying immigration status or had a qualifying application pending. Qualifying situations include a valid nonimmigrant visa, a pending asylum or adjustment application, parole, or being the spouse or child of someone currently eligible to register for TPS.⁶ You must file while that condition still exists or within 60 days after it ends. The exception does not cover conditions that arose only during a later re-registration period.

Criminal and Security Bars

Meeting the date requirements is not enough on its own. You are barred from TPS if you have been convicted of any felony or two or more misdemeanors in the United States.⁴ The general inadmissibility grounds also apply, including certain drug and moral turpitude convictions and security concerns such as espionage or terrorist activity.⁷ Anyone who has participated in persecuting others based on race, religion, nationality, or political opinion is also barred. If any bar might touch your case, talk with an immigration attorney before filing, because a denial can draw enforcement attention.

Working Legally Under the Court Order

TPS gives you the right to work in the United States for as long as your status lasts.⁴ Under the court order, Employment Authorization Documents issued under Somalia’s designation with category codes A12 or C19 remain valid even after their printed expiration date. This covers EADs with original expiration dates of March 17, 2023, September 17, 2024, or March 17, 2026.⁸

If your employer questions whether the EAD is still good, point them to the USCIS Somalia TPS page. For Form I-9, employers should enter “as per court order” in the expiration date field in Section 1, and they can download the USCIS Somalia page and attach it to the I-9 as supporting documentation.⁸ Because the extension rides on the court order, both workers and employers should check the USCIS page rather than trust a fixed expiration date.

Filing or Re-Registering

The core filing is Form I-821, the application for Temporary Protected Status.⁹ Most applicants file Form I-765 with it to request an EAD.¹⁰ You can file online through a USCIS account or by mail to the address listed on the Somalia TPS page. Paper mailing addresses depend on country of designation, and sending to the wrong location can lead to rejection.

The filing fee for Form I-821 is $50, plus a $30 biometrics fee.¹¹ A payment change took effect on January 1, 2026: USCIS no longer accepts personal checks, money orders, or cashier’s checks for paper-filed applications. Payment must be by credit, debit, or prepaid card using Form G-1450, or from a U.S. bank account using Form G-1650.⁹ Paper filings mailed after that date with the old payment methods will be rejected. If you cannot afford the fees, you can request a fee waiver with Form I-912 and evidence of financial hardship; file the waiver in the same package.¹²

Every document in a language other than English must come with a full English translation and a signed certification from the translator stating that the translation is complete and accurate and that they are competent to translate.⁹ Include the translator’s name, signature, address, and date. A professional service is not required, but the certification is.

For nationality, the strongest evidence is a valid Somali passport, or a birth certificate paired with photo identification. If those are unavailable, secondary evidence such as a national identity card or school records showing nationality can substitute, with an explanation for why primary documents are missing. For residence and presence, build a paper trail: rent receipts, utility bills, bank statements, employment records, medical records, school enrollment records, and correspondence from government agencies. Address every gap in the timeline.

If you already hold Somalia TPS, you must re-register during each extension window announced in the Federal Register to keep your status. Re-registration means filing a new Form I-821, with Form I-765 if you want a new EAD.⁹ The most recent re-registration period ran from July 22, 2024, through September 20, 2024.³ Missing a re-registration deadline is one of the most preventable ways people lose TPS. With Somalia now in active litigation, there is no guarantee of a future window. If you missed the last one, check the USCIS Somalia page for late-filing guidance; late re-registration has historically been allowed with a reasonable explanation, but the decision is discretionary.

Traveling Abroad While You Hold TPS

Leaving the country without authorization can cost you your status. Before any international travel, file Form I-131 and wait for approval. If your TPS is already granted, USCIS issues Form I-512T, which authorizes both departure and return. If your TPS application is pending, you receive an advance parole document instead.¹³

On return with a valid I-512T, a Customs and Border Protection officer decides at the port of entry whether to admit you back into TPS. Admission follows so long as your TPS remains valid and no criminal or security ground of inadmissibility applies. This admission can matter beyond the trip itself: in some federal circuits, returning with TPS travel authorization counts as a lawful admission, which is a prerequisite for adjustment of status.

TPS and a Green Card

TPS does not, by itself, lead to permanent residency. It is temporary, and holding it earns no credit toward a green card. That said, TPS holders are not shut out of the system. If you have an independent basis for a green card, such as a petition from a U.S. citizen spouse or an employer sponsorship, you can pursue adjustment of status while holding TPS.¹⁴

The main hurdle is the requirement that you were “inspected and admitted or paroled” into the United States. If you originally entered without inspection, this gets complicated. The Sixth and Ninth Circuits have held that a grant of TPS itself satisfies the admission requirement, letting TPS holders in those jurisdictions who are immediate relatives of U.S. citizens adjust status even if they originally entered without inspection. Outside those circuits, the law is less favorable, and consular processing may be the more realistic route. An immigration attorney can evaluate your specific situation.

One timing point matters here: if the stay is lifted and Somalia TPS ends, USCIS may no longer treat you as having been admitted through TPS. Anyone exploring adjustment should not wait, because the window created by the court order could close.

1
U.S. Citizenship and Immigration Services. Update on Termination of Temporary Protected Status for Somalia
2
Federal Register. Termination of the Designation of Somalia for Temporary Protected Status
3
U.S. Citizenship and Immigration Services. Temporary Protected Status Designated Country: Somalia
4
Office of the Law Revision Counsel. 8 USC 1254a – Temporary Protected Status
5
Federal Register. Extension and Redesignation of Somalia for Temporary Protected Status
6
eCFR. 8 CFR 244.2 – Eligibility
7
Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
8
U.S. Citizenship and Immigration Services. Update on Termination of TPS for Somalia
9
U.S. Citizenship and Immigration Services. I-821, Application for Temporary Protected Status
10
U.S. Citizenship and Immigration Services. Application for Employment Authorization
11
U.S. Citizenship and Immigration Services. 2024 Final Fee Rule
12
U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
13
U.S. Citizenship and Immigration Services. Temporary Protected Status
14
Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status