Stressing that they do not provide legal advice to members, the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) on Thursday said in a blog post that immigration lawyers believe long-term care facilities can keep Haitians who lost their Temporary Protected Status (TPS) on the job past the stated deadline of July 10.

On June 25, the U.S. Supreme Court by a 6-3 vote sided with the Trump Administration and its policy to end 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.

Less than a week later on July 1, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance extending the placeholder expiration date on Form I-9 from July 1 to July 10 for TPS holders affected by the court ruling. That meant Haitians working in long-term care could stay put for that period, and likely beyond, according to immigration lawyers.

In the blog post by Dana Ritchie, AHCA/NCAL’s associate vice president of constituency services and workforce, she said: “Some immigration attorneys have advised that employers may have a legal basis to continue recognizing these work authorizations beyond July 10 because the litigation has not yet fully concluded.”

The basis for that legal interpretation includes:

• The Supreme Court's mandate is not scheduled to issue until July 27.

• The lower court has directed the parties to submit briefing through at least July 20 and has not yet modified or dissolved the orders that previously preserved TPS-related employment authorization.

• Until the lower court acts on the Supreme Court's decision, those attorneys believe the existing court orders remain operative and that the associated work authorization continues to be legally valid.

Seeking Clarity on Status

Two states with the most Haitian TPS holders who also work in long-term care facilities in abundance are Florida and Massachusetts. According to the Florida Health Care 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.

In Massachusetts, the state association counts around 2,000 Haitian TPS holders as working its facilities. A day after the ruling, Tara Gregorio, president and CEO, Massachusetts Senior Care Association, said:

“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.”

Extending the Deadline

In new communication with Park Place on Thursday, Gregorio said Massachusetts Attorney General Andrea Joy Campbell also sees a little more breathing room for TPS holders.

The AG issued a notice to employers emphasizing that “TPS designations for Haiti and Syria, and related employment authorizations, remain in place until the Supreme Court sends a certified copy of its judgment to the lower court and the federal administration issues implementation guidance."

Gregorio said based on the AG’s guidance, we believe that TPS-related employment authorization is likely to remain valid beyond July 10 into mid-July. Specifically:

1.      The E-Verify system added July 1 as a placeholder date for termination of employment authorization in March 2026 before the Supreme Court decision. The federal SAVE database now lists July 10 as a placeholder date for termination of employment authorization. Employers should monitor for an implementation timeline on the UCSIS website. 

2.      The Supreme Court’s recent decision does not require immediate changes by employers. Until the certified judgment is entered, and as the UCSIS website indicates, TPS-work related authorizations remain valid. 

3.      The Attorney General’s Office has issued updated guidance for employers, available on its website, and will continue to monitor developments and provide additional information as appropriate. 

4.      Some employees may also have alternative work authorization, in addition to their TPS status, which remain in effect. Before determining if an employee is no longer eligible to work, employers are reminded to communicate directly with employees regarding any alternative work authorization the employee may possess.

“At the same time, advocacy to extend TPS protections continue with efforts urging the U.S. Senate to act on House-approved legislation that would extend TPS protections to 2029.” Gregorio said.

Comments or questions on this article? Contact Patrick Connole at pconnole@parkplacelive.com.