Recent federal court orders raise important compliance considerations for employers with TPS-authorized employees. Judges have temporarily preserved Temporary Protected Status and work authorization for Haiti and Ethiopia, whereas TPS for Venezuela remains unresolved and subject to further court action. What does this mean for employers? Here’s an update on recent TPS-related developments and a four-step action plan.
Haiti
The Department of Homeland Security planned to end TPS for Haiti on February 3, but was blocked by a federal court order the day before. As a result, TPS protections for Haitian nationals remain in place while the case moves forward. This includes continued employment authorization and protection from removal. Additionally, existing work authorization remains valid while the litigation plays out.
Ethiopia
A similar outcome for Ethiopia TPS occurred on January 30 when a federal court in Massachusetts temporarily blocked DHS’s decision to terminate the program. TPS for Ethiopia was scheduled to end on February 13. The court’s order preserves the status quo while it considers the merits of the case.
Venezuela
TPS for Venezuela remains the subject of ongoing litigation. Although recent appellate decisions have questioned DHS’s authority to terminate Venezuela’s TPS designation, those rulings have not resulted in an automatic restoration of TPS or employment authorization.
4 Steps Employers Should Consider Taking Now
1. Focus on I-9 Compliance. Employers should continue to comply with standard Form I-9 procedures and accept valid TPS-related employment authorization documents where required.
2. Eliminate Perceived Bias. As always, rejecting valid documents or requesting additional documentation based on citizenship or immigration status may raise discrimination concerns under federal or state law. Be sure your HR and hiring team are properly trained on I-9 and other related immigration rules and best practices.
3. Track the Latest Developments. Given the rapidly evolving nature of TPS litigation, employers should monitor developments closely and be prepared for additional changes.
4. Consult with Counsel. Reach out to your immigration attorney with any questions about the current state of TPS designations for specific countries and any related immigration compliance concerns.
