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A rapidly shifting landscape of humanitarian protections presents ongoing compliance challenges for employers.
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A rapidly shifting landscape of humanitarian protections
presents ongoing compliance challenges for employers. As the latest
example, the Department of Homeland Security (DHS) recently
announced the termination of Temporary Protected Status (TPS) for
nationals of Haiti, Burma (Myanmar), and South Sudan while a
federal court has temporarily blocked the termination of TPS for
Syria.
TPS Terminations: Haiti, Burma (Myanmar), South
Sudan
Haiti
Back in July, we
covered litigation developments from a US District Court
decision that extended TPS for Haiti until February 2026.
On November 26, 2025, DHS published a
notice ending TPS for Haiti. At the time of writing, the
official Federal Register has not been published
yet, but the termination is set to take effect on February 3,
2026. The termination will affect around 330,000 nationals from
Haiti.
Burma (Myanmar)
On November 25, 2025, DHS published a
notice ending TPS for Burma. The termination will take effect
on January 26, 2026, and will affect
nearly 4,000 nationals from Burma who were granted TPS after
the military coup in 2021.
South Sudan
On November 5, 2025, DHS published a
notice ending TPS for South Sudan. The termination will take
effect on January 5, 2026.
Possible Termination of Somalia
On November 21, 2025, President Trump
announced that he intends to end TPS for Somalia. At the time
of writing, no official notice from DHS has been released. We will
continue to monitor for official updates from DHS.
Please reference the table below to track the upcoming work
authorization expiration dates for each TPS-designated country:
Country
Date
Work Authorization Expires
South
Sudan
January 5,
2026
Burma
(Myanmar)
January 26,
2026
Haiti
February 3,
2026
Litigation Halts Termination: Syria
Back in October, we covered
the announcement of the termination of TPS for nationals from
Syria. The Federal Register notice scheduled the termination to
take effect on November 21, 2025, citing national security concerns
as the basis for the decision. The decision would have affected
nearly 4,000 Syrian nationals. However, on November 19, 2025, a
judge in the Southern District of New York issued an
order staying the termination of Syria TPS. We will update as
the litigation develops.
Employer Considerations
Employers should be aware that affected TPS holders will lose
both protected status and their work authorization unless they have
transitioned to another lawful immigration status. This could
result in the loss of employees who rely on TPS-based work
authorization.
Employer Next Steps
Continued Form I-9 Compliance: Employees with
TPS may have Employment Authorization Documents (EADs) that expire
when their TPS ends. Employers should review and track card
expiration dates for the TPS (A12 or C19) designations, follow
reverification procedures, and closely monitor updates from
DHS.
ICE I-9 Inspections: Employers may face
increased scrutiny from Immigration and Customs Enforcement during
I-9 inspections if their records are not updated timely, or if
individuals without valid work authorization maintain
employment.
Ongoing Communication: Employers should be
prepared to address questions from affected employees and provide
resources for legal counsel.
Stay Informed: Monitor updates from DHS and
follow our blog for updates.
We’ll continue to monitor these developments and provide
updates as they become available. If you have questions about how
these updates may affect your workforce or what steps you should
take, please don’t hesitate to reach out.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.