Employers expect a shortfall of immigrant workers as Temporary Protected Status (TPS) protections expire for millions of undocumented immigrants. This uncertainty comes after a June 20th Supreme Court decision letting the Trump administration phase out TPS for Haitian and Syrian immigrants. According to the New York Times, seventy percent of current TPS holders participate in the U.S. labor force.
Congress established the TPS program in 1990. It allows immigrants to remain in the country legally and work when it is unsafe for them to return to their home county and protect them from removal. After the Supreme Court’s decision, over three hundred thousand Haitian immigrants with TPS lost protections against deportation on July 27, 2026. TPS has a separate timeline for El Salvador; their current designation expires on September 9, 2026 by its original order. Salvadorans with TPS, estimated between 170,000 and 195,000, are waiting for the administration to make its decision on whether to end or extend TPS for El Salvador.
Employers of Haitian or Syrian TPS workers should re-verify employment authorization on Form I-9. Employing a worker that can’t present alternative, unexpired evidence of work authorization creates civil and potentially criminal exposure. According to the Times, elder care and construction are among the affected industries.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.