Haitians in the U.S. under Temporary Protected Status (TPS) on Friday received a two-week extension and can stay in the country and continuing working until July 24, pending the implementation of the June 25 U.S. Supreme Court decision to allow the Trump Administration to revoke TPS for 350,000 Haitians and a much smaller number of Syrians.

The move was not unexpected and followed much discussion in the long-term sector over the fate of thousands on thousands of Haitians with TPS who work in skilled nursing and other senior care settings, as well as in the home care field.

The U.S. Citizenship and Immigration Services (USCIS) on July 10 issued the new employment authorization guidance for Haitians with TPS (Update on Termination of Temporary Protected Status for Haiti (Release: July 10, 2026)), replacing the previous order that marked July 10 as the last day for their employment authorization.

The guidance said:

“The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti with an original expiration date of Feb. 3, 2026, Aug. 3, 2025, Aug. 3, 2024, June 30, 2024, Feb. 3, 2023, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, July 22, 2019, Jan. 22, 2018, or July 22, 2017, is extended per court order. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.). The extension is limited relief until the lower courts align with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026.”

Further, the notice told employers: “When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 24, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Haiti webpage attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “July 24, 2026” from the Form I-9. Check back to USCIS websites regularly for updated information.”

Decision Not in Place, Yet

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 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, 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.

On Thursday, in the blog post by Dana Ritchie, AHCA/NCAL’s associate vice president of constituency services and workforce, 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.

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