LTC Sector Grapples with Haitian Deportation Threat

The July 27 deadline has passed for Haitians living in this country under Temporary Protected Status (TPS) to remain here with that designation. So, now what?

That’s a question the long-term care sector is grappling with as thousands of Haitian nationals living and working in the U.S. under TPS face deportation as promised by the Dept. of Homeland Security and other federal agencies. Scores of these individuals work in skilled nursing, senior living, home healthcare, and in other long-term care settings.

To help answer questions employers may have, the sector’s advocacy organizations have published guidance until more clarification on what happens next emerges from the Trump Administration, which fought and won in court last month to strip TPS from 350,000 Haitians and nationals from other nations.

AHCA/NCAL

Dana Ritchie, American Health Care Association/National Center for Assisted Living’s (AHCA/NCAL) associate vice president of constituency services and workforce, posted a blog Haiti TPS Termination: What Long Term Care Employers Need to Know on July 29 indicating steps for providers to take.

She said only employees whose sole basis for employment authorization is Haiti TPS are potentially affected. This generally includes Employment Authorization Documents (EADs) issued under categories A12 and C19. However, employees may hold employment authorization under a different immigration category. Employers should verify each employee's work authorization individually rather than assuming all Haitian employees are affected, Ritchie said. 

For employers, here is what AHCA/NCAL recommends: 

• Review each employee's work authorization on an individual basis. 

• Do not take blanket action against all Haitian employees or employees believed to be from Haiti. 

• Follow standard Form I-9 reverification procedures for employees whose only basis for work authorization is Haiti TPS. 

• Provide employees the opportunity to present alternative evidence of employment authorization before taking any adverse employment action. 

• Maintain documentation of all reverification efforts and employment authorization decisions for each affected employee. 

• If you participate in E-Verify, monitor the system for updated guidance and follow any new instructions issued by DHS. 

  
  

“As always, providers with complex employment authorization questions should consult qualified legal counsel to ensure compliance with federal immigration and employment laws,” Ritchie said.

LeadingAge

A day earlier on July 28, LeadingAge published guidance Update: Haiti TPS-Based EADs Expired Effective July 27, 2026 from Shane Myers, associate director for immigration advancement at the association, encouraging members with questions about Form I-9 compliance, employment authorization verification, or personnel decisions to consult their human resources professionals and legal counsel before taking action.

Discussion points could include, but are not limited to:

• Who are the potentially impacted members of your organization’s staff?

• What is the underlying basis for employment authorization? Some employees may have a different authorization type.

• How does your organization stay in compliance while reverifying employment eligibility through Form I-9 or E-Verify?

• What are our organization’s obligations under federal, state, and local labor law?

  
  

“We also encourage affected individuals to seek advice from qualified immigration counsel or an accredited legal services provider regarding their specific circumstances. LeadingAge will continue to monitor developments and provide updates as additional information becomes available,” Myers said.

Further, LeadingAge said “these rapid, piecemeal shifts in Haiti TPS policy, arriving with little notice and inconsistent implementation, underscore the uncertainty long-term care providers who rely on immigrant workers to deliver essential care must navigate.”

The association said it remains committed to advocating for durable, workable immigration solutions that reflect the vital role these workers play in our field.

Argentum

And, in a July 27 notice, senior living advocates at Argentum issued a notice BREAKING: Court Extends Haitian TPS Employment Authorization Through July 27, 2026 that said its legal counsel continues to recommend that employers:

• Reverify work authorization for employees who presented TPS-based EADs (categories A12 or C19) by the applicable expiration date once updated USCIS guidance is issued.

• Do not automatically terminate affected employees. Individuals may be eligible to present alternative employment authorization and remain employed.

• Continue monitoring DHS and USCIS announcements for any changes to TPS termination dates and employment authorization guidance.

• Follow normal Form I-9 reverification procedures and review any E-Verify updates concerning affected employees.

• Avoid providing immigration advice and instead encourage affected employees to consult qualified immigration counsel regarding their individual circumstances and any alternative immigration or work authorization options that may be available.

  
  

Argentum said it continues to support congressional efforts to provide greater certainty for Haitian TPS beneficiaries. In particular, Argentum supports H.R. 1689, legislation that would extend TPS protections for eligible Haitians through early 2029. “However, despite House passage, the Senate companion measure was blocked this week and failed to advance in the Senate. As a result, legislative relief remains highly unlikely to be enacted before current TPS protections expire,” the advocates said.

Contact Patrick Connole at pconnole@parkplacelive.com with questions or comments on this article, which can be found at www.parkplacelive.com in the News Now section.