A federal district court has declined to enjoin a government policy curtailing the validity of Temporary Protected Status (TPS) employment authorization for beneficiaries from El Salvador, Ukraine, and Sudan. With the court's refusal to block the measure, U.S. Citizenship and Immigration Services (USCIS) is cleared to move forward with the planned termination of employment authorization for these TPS beneficiaries. For U.S. employers, this development creates immediate and consequential I-9 and workforce compliance obligations that warrant prompt attention.
The most pressing task for employers is to identify workers whose employment authorization derives from TPS designations for El Salvador, Ukraine, or Sudan. Human resources and compliance teams should audit existing Form I-9 records and associated Employment Authorization Documents (EADs) to determine which employees are affected and when their authorization will lapse under the shortened validity periods. Once identified, employers must prepare to reverify Form I-9 as authorization expires, and they should update internal I-9 compliance procedures, tickler systems, and reverification calendars to reflect the revised expiration timelines.
The compliance risk of inaction is significant. Continuing to employ a worker after their employment authorization has expired, or failing to timely reverify Form I-9, can expose an employer to civil penalties and other liability under federal immigration and employment law. Employers should also be mindful of the anti-discrimination provisions that govern the reverification process, taking care to apply consistent procedures and to avoid document abuse or unfair documentary practices when engaging affected employees.
Employers are encouraged to coordinate closely with immigration and employment counsel to develop a clear communications strategy for affected workers, to evaluate whether any alternative bases for work authorization may be available to individual employees, and to document reverification steps carefully. Counsel can also assist in reviewing internal policies, training front-line HR personnel, and preparing for potential government inspections or audits that may follow enforcement of the new policy.
Because each workforce situation involves distinct facts and evolving guidance, employers and affected individuals should consult qualified counsel for advice tailored to their specific circumstances before taking action.