Nursing home leaders in Florida and Massachusetts see the Supreme Court’s decision on June 25 to reject the protected status of 350,000 Haitian immigrants as a severe blow, making workforce shortages even more scrambled as they assess the possible loss of thousands of workers from direct care on up to the nursing level.

The court by a 6-3 vote sided with the Trump Administration and its policy to end Temporary Protected Status (TPS) for 350,000 Haitian immigrants who originally came to this country after a massive earthquake in their home country in 2010. A much smaller number of Syrians also lost their TPS status in the same ruling.

A day after, leaders from the two states employing the most Haitian TPS holders were blunt on what this means inside their facilities, even as they said they would seek solutions and remedies given the importance of the workers.

“Yesterday’s ruling is a devastating setback for Massachusetts nursing facilities, our residents, and the communities we serve,” said Tara Gregorio, president and CEO, Massachusetts Senior Care Association.

“We estimate that as many as 2,000 of our most dedicated and compassionate staff members will lose their work authorization status as a result of the Supreme Court's decision. These are individuals who show up every day to provide essential care to our older adults and people with disabilities, who depend on them for safety, dignity, and quality of life.”

She said the ruling will exacerbate an already severe workforce shortage and “further jeopardize our ability to ensure consistent access to high‑quality resident care across the state. At a time when nursing facilities are struggling to recruit and retain qualified caregivers, the loss of this vital segment of our workforce is not just harmful—it is unsustainable.”

Gregorio said the association is actively working with local government officials, community partners, and legal counsel to explore every possible avenue to support these valued employees and protect continuity of care for our residents. One proposal by the state’s congressional delegation is to extend immigration protections for the Haitian nationals until 2029. 

Legal Options Slim

David S. Schumacher, managing partner in the Boston office of Hooper, Lundy & Bookman, P.C., said it is important to note that the affected Haitians will not be immediately sent back to their home country, pending a formal court action to issue its opinion.

“The court will formally issue the opinion in the next week, and at that time the TPS protections for Haitian nationals will end. Until then, employment is valid,” he said.

As for legal alternatives, the affected individuals may try to claim asylum as a way to stay in the country, but that is a very challenging process that has been narrowed in recent times, Schumacher said.

For instance, a separate court ruling on June 25 on an unrelated asylum matter saw the High Court agree with the Trump Administration’s stricter interpretation of asylum laws for those showing up at the U.S. border.

He added that for employers of the Haitian nationals, it is a “very awkward and uncomfortable place to be.” All the options are very limited, Schumacher said.

What are TPS holders' options? In a media report, Sarang Sekhavat, the chief of staff for the Massachusetts Immigrant and Refugee Coalition, said some individuals may be eligible — or already in the process of applying — for a green card, another process not likely to result in a solution for the masses of affected immigrants.

Florida Assesses

In Florida, leaders in the long-term care sector are looking at all options and getting clarification on what the court’s ruling will mean at the ground level.

“We’re closely reviewing the potential impact of the U.S. Supreme Court’s decision regarding Temporary Protected Status for Haitian immigrants,” said Kristen Knapp, senior director of strategy and communications, Florida Health Care Association.

“Our team is working on pulling together a webinar to help give our members guidance on how to manage this situation, including monitoring U.S. Citizenship and Immigration Services for implementation guidance, such as effective dates and procedures. We’re also encouraging them to consult with immigration attorneys to explore any remaining legal options.”

Valuing Service

She said across member nursing centers and assisted living facilities, Haitian caregivers are valued members of the long-term care workforce, serving as certified nursing assistants, nurses, dietary aides, housekeepers and other essential team members.

“As providers continue working to meet the needs of Florida’s growing aging population, a disruption to experienced staff could create additional challenges for residents, families and care teams,” Knapp said.

FHCA remains focused on finding solutions that promote stability for long-term care providers, protect access to care, and recognize the important contributions of all caregivers in our dedicated workforce who help Florida’s seniors receive the quality care they need and deserve, she added.

According to the association’s data crunching and based on about half of Haitian immigrants nationwide living in Florida and TPS applying to 350,000, that puts the Florida number at around 175,000 individuals. Since about 20 percent of Haitian TPS holders work in healthcare, the end to TPS could affect about 35,000 healthcare workers who are Haitian, but that number won’t all be those working in skilled nursing facilities.

Questions or comments? Contact Patrick Connole at pconnole@parkplacelive.com.