More than 350,000 Haitian and 6,500 Syrian immigrants can have their Temporary Protected Status (TPS) removed and be sent back to their home countries after the Supreme Court on June 25 ruled in favor of the Trump Administration and its intent to deport them. The decision impacts scores of long-term care communities who employ thousands on thousands of Haitian immigrants.

The decision was 6-3, and the majority opinion authored by Justice Samuel Alito. In that opinion, the court ruled that the federal law creating the TPS program prohibits courts from reviewing the determinations by then-Secretary of Homeland Security Kristi Noem to terminate TPS designations for Haiti and Syria.

In addition, the court said Haitian TPS holders are likely to lose any further court rulings based on the claim that Noem ended their TPS status because the country’s citizens are mostly Black and therefore violated the Constitution’s guarantee of equal treatment.

Direct Care to Lose Workers

Haitians make up a significant number of direct care staff in nursing homes in certain states, like in South Florida where 6,000 Haitians with TPS work in nursing homes and home healthcare. That is around 8.5 percent of the total number working in such jobs across the entire state.

Massachusetts has some 4,300 Haitian nationals with TPS working in roles like CNAs up to licensed nurses.

In total, immigrants make up 21 percent of workers in nursing facilities and 24 percent of workers in residential care settings. (KFF)  

Recent  commentary  from policy experts has also supported the need to expand the supply of caregivers through immigration reform.

AHCA/NCAL Responds

In reaction to the court decision, Dana Ritchie, associate vice president of workforce and constituency services at the American Health Care Association/National Center for Assisted Living (AHCA/NCAL), stressed the valuable role immigrants play in long-term care.

“Immigrants are a vital and highly valued part of the long-term care workforce. Every day, these dedicated caregivers provide compassionate, high-quality care that helps older adults and individuals with disabilities live with dignity,” she said.

“Today’s Supreme Court decision underscores the critical need to develop sustainable and stable workforce development solutions to help the profession build and retain our workforce. We will continue to work with policymakers to pursue practical solutions through our Caregivers for Tomorrow initiative that strengthen the caregiving workforce and create clear, streamlined legal pathways for qualified international caregivers to continue serving America's seniors and individuals with disabilities.”

TPS in Place Since 1990

Congress enacted the TPS program in 1990. The program gives the Dept. of Homeland Security (DHS) the authority to designate a country’s citizens as eligible to remain in the country and work if they cannot return to their own country because of a natural disaster, armed conflict, or other “extraordinary and temporary” conditions.

Haitians were first granted TPS in 2010 because of a tragic earthquake and its aftermath. The quake killed 200,000 people.

When elected for the first time, President Trump tried to end protections for Haitians but was unable to do so before his term ended amid a court battle.

Late Motion Fails

Just last week, lawyers for Haitian plaintiffs filed with the High Court for a dismissal of the case based on new alleged evidence the Trump Administration did not follow the law.

New DHS documents "contain further evidence that the termination of Haiti's TPS designation was a preordained outcome," according to the motion to dismiss. “Career staff” wanted to keep the TPS program intact, but were overruled by an administration political appointee, the suit further alleged.

The allegations are a result of news reports this week detailing the actions of DHS and their actions to end the TPS program.

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