More than 300,000 Haitian and Syrian employees will no longer be authorized to work in the United States after the Supreme Court held the Trump administration can terminate their Temporary Protected Status (TPS).
The Supreme Court’s ruling today in Mullin v Doe also is expected to clear lower court rulings that had blocked the Department of Homeland Security (DHS) from revoking TPS in at least 11 other nations: Afghanistan, Burma (Myanmar), Cameroon, Ethiopia, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Venezuela and Yemen. The pro-immigration group FWD.us estimates that an additional quarter-million workers from those countries are currently in the US labor force.
DHS has the power to designate a foreign country for TPS due to conditions that temporarily prevent its nationals from returning safely, such as a civil war or a natural disaster. During the TPS period, eligible nationals who are in the United States cannot be removed and can obtain an employment authorization document.
Without the protection of TPS, nationals from these countries will lose work authorization and could be deported.
Employers should identify employees from these nations who rely on TPS for work authorization and explore alternative visa options where feasible. They should also prepare for the possibility of sudden workforce gaps and develop retention strategies for employees who will be affected by these changes.
