My DACA or TPS Is Ending: What Can I Do If Program Terminated? (2025 Guide)

By Richard T. Herman, Esq., Immigration Lawyer — Herman Legal Group

Quick Answer

If your DACA or TPS ends in 2025, act immediately: You should immediately start the renewal process for DACA or TPS by filing the appropriate forms and fees with USCIS, ideally 150 to 120 days before expiration. Fee waivers are generally not available for DACA and TPS applications, so review USCIS guidance on fee waivers before submitting payment.

1. Verify your real end date and any transition period;

2. Check whether your EAD qualifies for the new 540-day automatic extension;
3. Explore family-, employment-, or humanitarian-based legal options;
4. Avoid travel abroad without Advance Parole;
5. Contact an experienced immigration attorney right away. See official USCIS pages for DACA and TPS and the 540-day EAD rule.

1. What “Ending” Means for DACA vs TPS in 2025

DACA (Deferred Action for Childhood Arrivals)

DACA offers deferred action and work authorization but no direct path to a green card.

In 2025, USCIS continues to process DACA requests, including both initial requests and renewal requests, as well as advance-parole requests even while litigation continues. Always file renewals early—ideally 120-150 days before expiration—using Form I-821D at uscis.gov/i-821d. Both initial DACA requests and renewal requests must be submitted using Form I-821D; initial requests have additional eligibility and documentation requirements compared to renewal requests.

Applicants can use a USCIS online account to submit and track their DACA requests, including both initial and renewal requests. While there is no fee for Form I-821 itself for re-registrations, other fees may apply.

TPS (Temporary Protected Status)

Temporary Protected Status protects nationals of designated countries from deportation during unsafe conditions abroad. TPS status is a temporary immigration status that provides TPS benefits such as protection from removal and work authorization, but does not lead to permanent residency. Individuals are granted TPS after meeting eligibility and application requirements set by the Department of Homeland Security.

When DHS terminates a country’s designation, it publishes a Federal Register Notice setting the effective date, any automatic EAD extensions, and a transition period (usually 60 days). TPS expires on the date specified in the Federal Register Notice, and TPS holders must re-register during the designated re-registration period to maintain their TPS status and benefits. Check the Federal Register TPS notices regularly. TPS holders must be careful to maintain any application for other immigration benefits they pursue, as those applications do not affect TPS eligibility.

DACA vs TPS — At a Glance (2025)

Fast Fact:

As of January 13, 2025, many renewal applicants automatically receive up to 540 days of extra work authorization on their employment authorization documents (EADs) if they file on time. Read the rule.

2. Immediate Steps (First 30 Days)

1️⃣ Confirm your dates

Find your specific end date on the latest Federal Register Notice or USCIS update.
Examples: Venezuela TPS 2025 notice, Haiti TPS update.

2️⃣ Check for automatic EAD extension

If you filed Form I-765 on time and your category qualifies, your work permit and authorization may continue 540 days past the expiration date. Employment authorization is typically contingent upon maintaining lawful status in the U.S.

Fee waivers for EAD applications are limited; applicants should carefully review USCIS guidance before submitting a fee waiver request.

3️⃣ Do not travel without Advance Parole

Leaving the U.S. without an approved advance parole document may permanently bar re-entry.

Apply early for an advance parole document using Form I-131; emergency requests exist but are narrow.

4️⃣ Schedule a legal consultation

Every case differs — family links, entry records, criminal history, asylum eligibility.
Find an attorney immediately (see firm list below). Seek help from an accredited legal representative or a legal support organization recognized by the Department of Justice, and avoid unauthorized practitioners.

5️⃣ Gather your records

Passports, I-94s, prior I-797 notices, EAD cards, tax returns, pay stubs, and proof of continuous residence.

Expert Tip:

File renewals 120–150 days before expiration to avoid EAD gaps. USCIS Renewal Guidance.

3. Legal Options If DACA Ends

Family-Based Paths

• Marriage to a U.S. Citizen: may allow adjustment of status if the DACA recipient has a record of admission or parole.
  If you once traveled on Advance Parole, that lawful entry may qualify.
• Other family categories (parent or child of U.S. citizen/LPR) can be pursued through consular processing plus waiver strategy (e.g., I-601A).

Employment-Based Options

Some DACA holders qualify for employer sponsorship (EB-2, EB-3) or non-immigrant categories (H-1B, O-1, TN) if status and admissibility allow.
See USCIS employment-based categories.

Humanitarian Relief

• Asylum, Withholding of Removal, CAT

DACA recipients can apply for asylum if they fear persecution in their home country, which may lead to legal residency. An asylum application must generally be filed within one year of arrival in the U.S.; missing the one year filing deadline can affect eligibility for asylum benefits.

• U Visa (victim of crime + cooperation)
• VAWA (victim of domestic violence): If you are a victim of abuse by a U.S. citizen or Lawful Permanent Resident family member, you may be able to self-petition for lawful permanent residence under VAWA.
• T Visa (human trafficking)
• SIJS (Special Immigrant Juvenile Status)
• Parole in Place (for certain military families)

Important Note:

If DACA ends and no new status exists, you may begin accruing unlawful presence, triggering 3/10-year re-entry bars. Always analyze this before travel or consular action.

4. Legal Options If TPS Is Terminated

1️⃣ Read Your Country’s Federal Register Notice

Each notice specifies the exact termination date, EAD extension window, and transition period. See DHS Federal Register TPS Notices.

2️⃣ Re-Register or File Renewals Promptly

TPS holders must re-register during each re-registration period by submitting a TPS re-registration application (Form I-821) and supporting documents. Use Forms I-821 and I-765 within the window. It is crucial to re-register on time and submit a complete re registration application to maintain TPS benefits. Automatic extensions often appear in the FR notice—read the footnotes.

3️⃣ Explore Green Card Routes

• Family-Based: In some circuits (6th Circuit covers Ohio, Kentucky, Michigan, Tennessee), TPS is treated as “admission”, allowing certain adjustments without leaving the U.S. See Flores v. USCIS (6th Cir.).
• Employment-Based: Possible if otherwise admissible and visa available.
• Humanitarian: Asylum, U/VAWA/T visas, etc.

Key Insight:

Termination does not mean instant deportation. DHS usually allows a 60-day wind-down and sometimes extends EADs automatically through that period.

5. Work, Travel, and Unlawful Presence

Work Authorization

Under the 540-day rule, timely EAD renewals continue work authorization even past card expiration.
Employers should note this automatic extension on Form I-9 and verify within USCIS rules.
Read the official policy here.

Travel

• DACA: Travel only with approved Advance Parole (Form I-131).
• TPS: Advance Parole also required and country-specific rules apply.

Unlawful Presence & Bars

When TPS or DACA protection ends, unlawful presence accrues unless you have another status pending or a filed application that protects you. Departing after accruing time can trigger the 3-year or 10-year bar.

Need to Know:

If ICE initiates removal proceedings, you may still qualify for cancellation of removal, asylum, or other relief. Act fast—deadlines are tight.

6. Deportation Proceedings: What to Expect and How to Prepare

Facing deportation proceedings can be overwhelming, especially for those with Temporary Protected Status (TPS) or DACA. If you are a TPS holder or DACA recipient, understanding the process and knowing your rights is crucial to protecting your future in the United States.

7. State & Local Realities (Spotlight: Cleveland & Columbus, Ohio)

Ohio BMV & Driver’s Licenses

Ohio requires proof of lawful presence through the DPS BMV SAVE system.
Bring passports, I-797 receipts, and current EADs.
Real ID compliance means extra documentation; schedule early to avoid delays.

Local Resources

• Herman Legal Group — full-service immigration law firm with offices in Cleveland and Columbus.
• Catholic Charities Migration & Refugee Services – Cleveland
• The Legal Aid Society of Cleveland
• Community Refugee & Immigration Services (CRIS) – Columbus
• US Together – Columbus

Fast Fact (Ohio):

Non-citizen state IDs in Ohio are verified via SAVE and are not voter IDs. Check for processing delays ahead of Real ID deadlines.

8. Choosing an Immigration Law Firm (2025 Comparison)

Expert Tip:

Choose a law firm that handles both affirmative (USCIS) and defensive (court) immigration cases so you’re covered if your case shifts to removal proceedings.

9. FAQs

Q1. Will I lose my job immediately if TPS ends?
Not necessarily. Most Federal Register notices include a transition period and automatic EAD extensions for timely filers. Current TPS holders should carefully follow the latest Federal Register Notices and re-registration instructions to maintain their status. Check your country’s latest notice.

Q2. Can I renew DACA in 2025?
Yes — if you are a current DACA recipient or current DACA holder, you can still renew your status as of 2025, pending ongoing litigation. File 120–150 days before expiration per USCIS guidelines.

Q3. Can I get Advance Parole?
Possibly. DACA holders can apply via Form I-131. TPS holders may also apply under specific rules listed on each country’s TPS page.

Q4. If I’m married to a U.S. citizen, can I adjust status?
Often yes, if you have a record of admission or parole. Some TPS holders can adjust within the U.S. depending on their circuit. A Supreme Court decision affirmed that entering without inspection makes you ineligible for adjustment of status from within the U.S.

Q5. What if I get put in removal proceedings?
Contact a qualified immigration attorney immediately to explore defenses such as asylum or cancellation of removal. Asylum seekers can apply for protection if they fear persecution if returned to their home country, and can remain in the U.S. while their application is processed.

Q6. How did the Trump administration affect DACA and TPS?
The Trump administration attempted to end both DACA and TPS programs, leading to significant legal challenges. Federal judges and district court’s orders have temporarily blocked or delayed these terminations, allowing many current DACA recipients and TPS holders to retain their status while litigation continues.

Q7. What has Homeland Security announced about DACA and TPS?
Homeland Security announced several policy changes and updates regarding DACA and TPS, including eligibility, re-registration, and employment authorization. Always refer to the latest announcements from the Department of Homeland Security for accurate information.

Q8. What role do federal judges and district court’s orders play in immigration programs?
Federal judges and district court’s orders can temporarily halt or block government actions, such as the termination of DACA, TPS, or parole programs. These legal rulings provide protections for impacted individuals while courts review the legality of policy changes.

Q9. Can TPS be granted due to an environmental disaster?
Yes. TPS can be designated for countries experiencing an environmental disaster, such as a hurricane, earthquake, or other severe environmental events, as well as armed conflict or other extraordinary conditions.

Q10. How can a Supreme Court decision impact immigration benefits?
A Supreme Court decision can determine eligibility for adjustment of status, green cards, or other immigration benefits, especially regarding lawful admission, parole, or eligibility for relief under U.S. immigration law.

10. Key Takeaways

• Know your dates — the Federal Register controls TPS end dates; DACA renewals follow USCIS guidance.
• File renewals early— capture the 540-day EAD extension rule.
• Don’t travel without Advance Parole; even emergencies need approval.
• Explore other legal paths — family, employment, humanitarian.
• Unlawful presence starts once protection ends — consult counsel before any departure.
• Ohio clients: bring extra documentation for Real ID and BMV verifications.
• Avoid scams — only trust official sources like USCIS.gov or licensed attorneys.
• Get professional help — start with Herman Legal Group.

For personalized advice, contact the Herman Legal Group at www.lawfirm4immigrants.com. Offices in Cleveland and Columbus, serving clients nationwide.