Benefits and Rights of Hondurans in the United States (2026 Guide)

30-Second Summary

• Federal labor law protects most workers regardless of immigration status (minimum wage, overtime, safety, and non-discrimination).
• To file taxes without an SSN, apply for an ITIN using the IRS Form W-7.
• Health: immigrants “legally present” may purchase insurance at HealthCare.gov. Emergency Medicaid may cover emergencies if you meet state requirements.
• TPS Honduras: DHS announced the termination of TPS for Honduras in 2025. Check USCIS and the Federal Register for the latest status.
• Driver’s licenses: depend on the state; several states offer licenses for people without status. Verify local rules.

1) Common Documents and Statuses

Before starting any procedure, organize your documents: valid Honduran passport, civil records, and proof of address. The Honduran Consulate in the U.S. can assist with passports and consular IDs.

TPS Honduras (important for 2026)

TPS for Honduras was in place for many years for people present since 1998–1999. In 2025, the Department of Homeland Security (DHS) announced the termination of TPS for Honduras, with details in the Federal Register and USCIS. Due to possible litigation and updates, always verify the effective date and any extensions or transition measures.

2) Asylum: Deadlines and Key Points

You may apply for asylum if you fear persecution in Honduras due to political opinion, religion, race, nationality, or membership in a particular social group. Asylum is requested with Form I-589; generally, it must be filed within the first year after arrival, with limited exceptions.

Official information and forms: USCIS – Asylum.

3) Labor and Workplace Rights

Federal labor law protects most workers in the U.S. regardless of citizenship or immigration status. Key pillars include:

• Minimum wage & overtime (FLSA): You must receive at least the federal minimum wage and, if applicable, overtime pay after 40 hours per week. States with higher minimum wages follow the higher rate. Source: DOL – Minimum Wage.
• Workplace safety (OSHA): You have the right to a safe workplace and to report hazardous conditions without retaliation. worker.gov and OSHA confirm these rights apply regardless of immigration status.
• Non-discrimination (EEOC): Federal employment discrimination laws protect against discrimination and retaliation. They apply regardless of citizenship or status. See official overview.
• Organization & collective action (NLRA/NLRB): Most workers may organize and act collectively. The federal guide clarifies these rights exist regardless of status, though some remedies may vary.

4) Taxes and ITIN

If you do not have a SSN, you can file taxes with an ITIN. This does not provide immigration status, but it is required to comply with tax law and may help you open bank accounts or receive refunds if eligible.

• How to apply or renew an ITIN (IRS)
• USA.gov ITIN guide
• Form W-7 and updates

5) Health and Public Benefits (Public Charge Rule)

The “public charge” rules were clarified again in 2022: DHS stated that most health benefits such as Medicaid (non-institutional, not long-term care), ACA coverage, and food assistance programs will not be considered for public-charge inadmissibility determinations. See:

• USCIS alert (2022 rule)
• Resources and FAQs

Health access: If legally present, check HealthCare.gov. Additionally, Emergency Medicaid may cover emergencies if you meet your state’s income and residency requirements.

6) Driver’s Licenses by State

Rules vary by state. Several states and Washington, D.C., offer driver’s licenses or driving authorization cards for people without status. Some jurisdictions have limited recognition of licenses issued in other states. Verify your state’s law and any recent updates.

• General overview (AP News, 2025)
• Map overview (Newsweek) — always confirm with your state DMV.

7) Avoid Scams and Fraudulent Services

Beware of “notarios” or document preparers who promise guaranteed results. Rely on accredited organizations or licensed immigration attorneys. Keep copies of everything you sign and never hand over original documents unless strictly necessary.

8) 2026 Checklist in 10 Steps

1. Gather passport and civil records; schedule a consular appointment if needed.
2. Check your eligibility for asylum or other relief (seek legal advice).
3. If employed: know the minimum wage, overtime, and your labor rights.
4. Report unsafe conditions at worker.gov.
5. If you lack an SSN, apply for an ITIN (W-7) before tax season.
6. Compare plans at HealthCare.gov and check Emergency Medicaid in your state.
7. Verify whether your state issues driver’s licenses to people without status.
8. Keep receipts and contracts; they help support claims.
9. Avoid scams: verify credentials and request written contracts.
10. Stay informed: monitor USCIS and DHS updates.

9) Frequently Asked Questions