If you are an Iranian national currently living in the United States, the ongoing conflict in Iran has made your situation profoundly uncertain. Tens of thousands of miles from the fighting, you may be asking the same question: What happens to my immigration status if I cannot safely return home? As of May 2026, the U.S. government has not yet designated Iran for Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) — two critical legal shields that could protect you from deportation. However, the American Immigration Lawyers Association (AILA) is urgently calling on the administration to change that, and immigration advocates across the country are watching closely.
This article explains what TPS and DED are, why Iranian nationals urgently need these protections, what AILA is doing about it, and what practical steps you can take right now to safeguard your immigration status while Congress and the courts continue to shape immigration policy in 2026.
What Is Happening in Iran and Why It Matters for Immigrants in the USA
Since late 2025, the situation in Iran has dramatically deteriorated. The United States has conducted sustained military strikes on Iranian territory, displacing an estimated 3 million people. The Iranian government has also carried out brutal crackdowns on dissent within the country, resulting in thousands of deaths. As AILA Executive Director Ben Johnson stated publicly, “Iran is in crisis. Iranian nationals in the United States cannot return home safely amid ongoing violence and instability.”
For Iranian nationals currently in the U.S. on any immigration status — including students, workers, green card holders, asylees, and others — this creates a life-altering dilemma. Returning to Iran is no longer safe, yet no formal protection from the U.S. government has been put in place to prevent deportation or to ensure continued work authorization during this emergency.
What Are TPS and DED — And How Do They Help Immigrants?
Temporary Protected Status (TPS) is a humanitarian protection granted by the U.S. government to nationals of countries experiencing ongoing armed conflict, natural disasters, or other extraordinary conditions that make returning unsafe. If Iran were designated for TPS, Iranian nationals already in the U.S. would be protected from deportation and would receive work authorization for a set period — typically 12 to 18 months, renewable if conditions do not improve.
Deferred Enforced Departure (DED) is a related protection that can be granted at the discretion of the President, typically through executive action. While DED does not require a formal TPS designation process, it provides similar protections: a stay of removal and the ability to apply for work authorization.
Under U.S. law, the Attorney General can designate a country for TPS if it is experiencing “an ongoing armed conflict” or “extraordinary and temporary conditions” that prevent its nationals from returning home safely. Legal experts and AILA attorneys agree that Iran currently qualifies on both counts — making the absence of a designation even more urgent and troubling for affected immigrants.
AILA’s Call to Action: What Immigration Lawyers Are Demanding
The American Immigration Lawyers Association (AILA) has been at the forefront of advocacy for Iranian nationals. AILA commended bicameral Democratic action in Congress that echoed the association’s own call for formal protections — and went further by urging the administration to extend similar protections to nationals from other conflict-affected countries who cannot return home safely.
AILA and Congressional legislators specifically called on the administration to:
- Designate Iran for Temporary Protected Status (TPS) immediately, given the active armed conflict and mass displacement
- Consider Deferred Enforced Departure (DED) as an alternative or supplemental executive protection
- Extend protections to nationals from neighboring countries also affected by the regional conflict
- Halt enforcement actions against Iranian nationals while the humanitarian situation remains dangerous
Despite this strong advocacy, as of May 2026, neither TPS nor DED has been formally designated for Iran. The administration has not yet acted on these requests, leaving Iranian nationals in a deeply uncertain legal position.
The Added Challenge: USCIS Processing Freezes for Iranian Nationals
The situation is made even more difficult by existing USCIS policy. Since December 2025 and January 2026, USCIS has issued policy memos that prevent routine processing of immigration benefits for individuals born in or holding citizenship from Iran and other countries listed under the travel ban. This means that Iranian nationals who have been patiently waiting to apply for citizenship, green cards, or work permit renewals are seeing their cases frozen — even when they have followed every immigration rule and have done nothing wrong.
For those already caught in this processing freeze, the lack of a TPS or DED designation means there is no automatic work authorization safety net. You could be living in legal limbo: unable to return home safely, unable to advance your immigration case, and without a clear pathway to continued lawful status in the United States.
What Iranian Nationals in the USA Should Do Right Now
If you are an Iranian national currently in the United States, here are practical steps to take immediately to protect your status:
- Consult a qualified immigration attorney. The legal landscape for Iranian nationals is changing rapidly. An attorney can review your current status, identify any vulnerabilities, and help you prepare if protections like TPS or DED are designated in the coming weeks.
- Document your ties to the United States. Keep thorough records of employment, family connections, housing, tax filings, and community involvement. This documentation can be critical in any future immigration proceeding or discretionary determination.
- Do not travel outside the United States without first consulting an immigration attorney. With current travel restrictions and processing freezes, leaving the U.S. could jeopardize your ability to return, even if you currently hold a valid visa or other status.
- File any pending applications promptly. If you have applications for work permits (I-765), green cards (I-485), or other benefits that are not currently frozen, file them as soon as possible to secure the earliest possible priority date.
- Stay informed through AILA and trusted sources. Check AILA’s website at aila.org regularly for updates on TPS and DED advocacy for Iranian nationals. Changes can happen quickly and may directly affect your eligibility.
- Contact your Congressional representatives. AILA is working with lawmakers to push for a TPS designation. Your voice — or the voice of your employer, university, or community organization — can make a meaningful difference.
What Could Change — And When
The legal and political situation remains fluid. If the administration designates Iran for TPS, protection would take effect relatively quickly, shielding eligible individuals from removal and allowing them to apply for work authorization. A DED designation by the President could happen even faster through executive action, without the formal rulemaking process required for TPS.
Congressional pressure is building, with Democratic lawmakers already sending formal letters to the administration urging TPS and DED designation for Iranian nationals. AILA is actively lobbying for action, and legal observers are watching closely. Some also note that recent court rulings — including an April 2026 Maryland federal court decision ordering USCIS to resume processing green card applications that had been indefinitely frozen — may create additional legal pathways for Iranian nationals in certain situations.
For now, the most important thing you can do is stay legally informed, keep your documentation current, and work closely with an immigration attorney who understands the rapidly evolving landscape for Iranian and other conflict-affected nationals in 2026.
For the full details of AILA’s advocacy and the most current guidance on TPS, DED, and protections for Iranian nationals, visit the American Immigration Lawyers Association at aila.org, or consult a qualified immigration attorney. The situation is changing — professional guidance is the best investment you can make in protecting your future in the United States.
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