Beneficiaries say they received letters halting their retirement. USCIS maintains that El Salvador's TPS remains protected while there is no announcement.
Salvadorans with Temporary Protected Status (TPS) in the United States report that Social Security sent them letters suspending retirement payments for lack of “legal presence.” The reports have circulated since mid-October 2026 in the media and among attorneys, and as of the publication of this article the agency had not publicly explained the reason, based on what we were able to find.
What is reported and what is confirmed
According to those reports, some letters cite the legal presence rule and, in certain cases, request the return of prior payments. These accounts have not been confirmed by Social Security or the Department of Homeland Security (DHS), and it is not known how many people are affected.
What is confirmed in official sources is the general rule. Social Security's operating manual provides that no monthly retirement or disability benefits are paid to a non-citizen for any full calendar month in which they do not have legal presence in the country. The rule applies to claims filed since December 1, 1996, and, in certain cases (for example, someone returning to the country after a long absence), the beneficiary must submit proof of legal presence. That text does not mention TPS.
What USCIS says about El Salvador's TPS
The U.S. Citizenship and Immigration Services (USCIS) page shows that El Salvador's TPS is listed as continued through September 9, 2026, and that the status of the designation has not yet been announced. It adds that, until that announcement, Salvadorans with TPS retain protection, including work authorization. The page was updated on October 7, 2026, according to the date it shows.
In other words, USCIS does not say that TPS has ended. Some reports attribute the letters to the absence of an update in the Federal Register, but that has not been confirmed by official sources.
How Social Security verifies status
Other Social Security guide, in effect since September 17, 2026, describes TPS as authorization to remain in the U.S. for a specific period and establishes that the status of all non-citizen applicants is verified through DHS's SAVE program. How that verification applies to El Salvador's TPS while no announcement has been made is not explained on those pages.
What does it mean to you?
- If you receive a Social Security letter about “legal presence,” do not ignore it: check the deadline to respond or appeal that it states.
- Keep copies of your TPS notice, your work permit (EAD), and the USCIS page stating that protection continues.
- A letter is not necessarily a final decision; Social Security's manual provides that proof of legal presence may be submitted in certain cases.
- An immigration attorney or an accredited organization can advise you on your particular case.
What can you do?
- Contact Social Security using the phone number or office listed on your letter and ask in writing for the reason.
- Check the official El Salvador TPS page to see if there are new announcements.
- Seek legal advice before any appeal deadline expires.
Legal notice: This information is general and does not replace the advice of a licensed immigration attorney or a representative accredited by the Department of Justice.
Editor's note: Some information in this article could not be confirmed with official sources at the time of publication; it comes from reports by other media outlets or from the individuals quoted. We will update the article if the information changes.
