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Temporary Protected Status (TPS) and Public Health Insurance

THE TRUMP ADMINISTRATION  HAS ended Temporary Protected Status (TPS) for many  countries, but there are some court injunctions extending TPS.  See the USCIS website to see updates for particular countries and some information below.   Also see this  chart which is frequently updated -- 

What is Temporary Protected Status?

TPS is a temporary immigration status granted to eligible individuals of a certain country designated by the Department of Homeland Security because serious temporary conditions in that country, such as armed conflict or environmental disaster, prevents people from that country to return safely. It is important to note that the U.S. grants TPS to individuals from many countries, but the Trump administration is ending TPS for many countries.   See below about TPS and eligiblity for public health insurance in NYS. 
Check for updates on the rapidly changing court cases challenging termination of TPS  here and on the  CLINIC’s TPS resource page.
 

COUNTRIES WITH TPS ENDING IN EARLY 2026 - NO COURT INJUNCTIONS YET 

COUNTRIES WITH TPS CONTINUING BECAUSE OF A COURT INJUNCTION - AFTER TRUMP ADMINISTRATION ENDED TPS:

  • HAITI - On Feb. 2, 2026, federal judge  in Washington DC has postponed the March 16, 2026 end date of TPS for approximately 350,000 Haitians in the United States, giving another reprieve to the nearly 10,000 Haitian New Yorkers who are living and working here under the humanitarian status, Documented reports.  Also see New York Times. On January 21, 2010 the United States determined that individuals from Haiti warranted TPS because of the devastating earthquake that occurred there on January 12. TPS gives undocumented Haitian residents, who were living in the U.S. on January 12, 2010, protection from forcible deportation and allows them to work legally

  • ETHIOPIA -  Injunction Jan, 30, 2026 has postponed  Trump administration termination to END TPS Feb. 13, 2026.  SEe here

  • Burma (Myanmar) - Trump ended TPS  effective Jan. 26, 2026, but a court injunction on Jan. 23, 2026 has postponed it. 

  • South Sudan - Trump ended TPS effective Jan. 6, 2025, but a court injunction issued on Dec. 30, 2025 has postponed it.   SEe NYS Dept. of Health GIS 25 MA/13 - (12/22/2025) Temporary Protected Status (TPS) Update for Honduras, Nepal, Nicaragua, Venezuela, and South Sudan (PDF)

  • Syria - Trump ended TPS effective Nov.  21, 2025, but a court injunction issued on Nov.  19, 2025 has postponed it. 

  • Venezuela - U.S. Supreme Court granted the Trump Administration's appeal of a lower court ruling, allowing TPS to terminate.  However, the original federal court lawsuit has continued,   Per New York Times, "A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled on Jan. 29, 2026  that DHS had exceeded the authority granted by Congress when she revoked the protection for Venezuelans. But that ruling had no immediate effect because the Supreme Court had already stayed a lower-court ruling in the case." See this article for detailed explanation of the status and steps that can be taken to gain protection.  "To be protected under this order, individuals must have properly re-registered and must be NTPSA class members. Individuals may sign up for NTPSA membership on the organization’s website."  Also, see details on the USCIS site for some work authorizations continuing to be valid through Oct. 2, 2026.  See 

    • NYS Dept. of Health GIS 25 MA/13 - (12/22/2025) Temporary Protected Status (TPS) Update for Honduras, Nepal, Nicaragua, Venezuela, and South Sudan (PDF)

COUNTRIES WITH CURRENT ACTIVE TPS DESIGNATIONS or other Protections

TPS applicants residing in New York are eligible for Medicaid  as long as they also meet the income requirements for these programs. In New York, applicants for TPS are considered PRUCOL immigrants (Permanently Residing Under Color of Law) for purposes of medical assistance eligibility and thus meet the immigration status requirements for Medicaid and the Family Planning Benefit Program. Nearly all children in New York remain eligible for Child Health Plus including TPS applicants and children who lack immigration status.  For more information on immigrant eligibility for public health insurance in New York see
Where to Apply
Individuals who are under age 65 and who do not have Medicare may apply for public health insurance on the NYStateofHealth Marketplace or with facilitated enrollers at community-based organizations or health plans, at HRA Medicaid offices in New York City, Social Services offices outside of New York City, public hospitals, and Department of Health Clinics. Also contact Community Health Advocates for assistance or local referrals. For a list of enrollers go to: http://www.health.state.ny.us/health_care/medicaid/ldss.htm
Those age 65 or who have Medicare based on disability can apply  with the Facilitated Enrollment for the Aged, Blind, and Disabled Program (FE-ABD).
 
What to Bring
Individuals who have applied for TPS will need to bring or upload several documents to prove their eligibility for public health insurance. Individuals will need to bring or have available to upload
1)      Proof of identity;
2)      Proof of residence in New York;
3)      Proof of income;
4)      Proof of application for TPS;
5)      Proof that U.S. Citizenship and Immigration Services (USCIS) has received the application for TPS.
 
Free Communication Assistance
All applicants for public health insurance, including Haitian Creole speakers, have a right to get help in a language they can understand. All Medicaid offices and enrollers are required to offer free translation and interpretation services to anyone who cannot communicate effectively in English. A bilingual worker or an interpreter, whether in-person or over the telephone, must be provided in all interactions with the office. Important documents, such as Medicaid applications, should be translated either orally or in writing. Interpreter services must be offered free of charge, and applicants requiring interpreter services must not be made to wait unreasonably longer than English speaking applicants. An applicant must never be asked to bring their own interpreter.
 
Related Resources on TPS and Public Health Insurance
o       The New York Immigration Coalition (NYIC) has compiled a list of agencies, law firms, and law schools that provide immigration assistance -- list is posted at the NYIC’s website at https://www.immigrationadvocates.org/
o    For help with legal immigration matters or information, referrals, or resources related to an immigration matter -

IN NEW YORK CITY - call The Mayor’s Office of Immigrant Affairs (MOIA) Immigration Legal Support Hotline at 800-354-0365, or call 311 and say “Immigration Legal“, between 9:00 AM to 6:00 PM, Monday to Friday.  You can also visit their website for more detailed information.    

STATEWIDE - CONTACT THE  New York State New Americans Hotline for a referral to an organization to advise you.  1-800-566-7636   ee website at https://dos.ny.gov/office-new-americans 

Monday-Friday, from 9:00 a.m. to 8:00 p.m.
Saturday-Sunday, from 9:00 a.m. to 5:00 p.m.

o        USCIS  TPS website with links to status in all countries, including HAITI.

o        LEGAL AID SOCIETY -

  • Access to Benefits Helpline at 888-663-6880 for assistance with a Medicaid, Medicare or other coverage denial or a federal disability benefit (SSI or SSDI) appeal. Monday through Friday from 10:00 a.m. to 3:00 p.m.
  • HIV/AIDS Representation Project’s helpline at 718-579-8989 if you are a person living with HIV/AIDS and need assistance with a legal matter.

0    National Immigrant Law Center resources 

0    Protecting Immigrant Families - Public Charge Toolkit

o        For information on immigrants’ eligibility for public health insurance programs, consult the updated Immigrant Eligibility for Public Benefits in NYS Chart  by Empire Justice Center & NY Immigration Coalition - updated Jan. 2026  -  This chart is posted on this webpage.  Scroll down on that page to see updates from the Trump H.R.1 "Big Beautiful" bill enacted in July 2025. 
Printable Fact Sheets for Distribution
Click here for a printable flyer in English
Click here for a printable flyer in Creole
Click here for a printable flyer in French


This article was co-authored by the New York Immigration Coalition, Empire Justice Center and the Health Law Unit of the Legal Aid Society. 1/29/10, updated 3/1/10, updated 2/3/2026 NY Legal Assistance Group

    


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