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Supreme Court Clears Way for End of TPS Protections for Hundreds of Thousands of Haitians, Raising Workforce Concerns for Florida Home Care

Supreme Court Clears Way for End of TPS Protections for Hundreds of Thousands of Haitians, Raising Workforce Concerns for Florida Home Care

Medicare Medicaid Private Care

A U.S. Supreme Court decision issued today allows the Trump administration to move forward with terminating Temporary Protected Status (TPS) for approximately 350,000 Haitian nationals and 6,000 Syrian nationals, removing legal protections that have allowed many to live and work in the United States for years. The ruling could have significant implications for Florida’s health care workforce, including the home care sector, which relies heavily on Haitian caregivers in many communities.

What is Temporary Protected Status?

Congress created the TPS program in 1990 to provide temporary humanitarian protection to individuals who cannot safely return to their home countries because of armed conflict, natural disasters, or other extraordinary conditions. TPS beneficiaries are authorized to live and work in the United States for designated periods, subject to periodic review and renewal by the Department of Homeland Security (DHS).

Haiti first received TPS following the devastating 2010 earthquake. Since then, the designation has been repeatedly extended as the country continued to experience political instability, gang violence, humanitarian crises, and natural disasters.

Potential Impact on Florida’s Home Care Workforce

Florida is home to one of the nation’s largest Haitian-American populations, and Haitian health care professionals play a vital role in delivering care across the state. According to the Florida Immigrant Coalition, more than 113,000 Haitian TPS holders are currently working in Florida, many as home health aides, certified nursing assistants, nurses, therapists, and other health care support professionals. Nationally, an estimated 330,000 to 350,000 Haitian nationals are protected under TPS.

For Florida’s home care providers, the decision comes at a time when workforce shortages continue to challenge access to care. Depending on their individual circumstances, some affected workers may qualify for another form of immigration relief or work authorization. However, absent another lawful immigration status or employment authorization, most will lose their authorization to work in the United States.

Specifically, foreign national employees with TPS based on Haiti whose Employment Authorization Documents (EADs) reflect Category A12 or C19 will no longer be authorized to remain in or work in the United States unless they qualify for another lawful immigration status or employment authorization, such as a pending asylum applicant with an EAD issued under Category C08.

Prior to the Supreme Court’s decision, U.S. Citizenship and Immigration Services (USCIS) instructed employers to use July 1, 2026, as the extended expiration date for Haitian TPS beneficiaries when completing Form I-9 and E-Verify. Unless USCIS issues additional guidance, Haitian nationals whose employment authorization is based solely on TPS are expected to lose their work authorization effective July 1, 2026.

Health care providers employing Haitian nationals working under TPS should closely monitor future USCIS announcements and encourage affected employees to consult qualified immigration counsel regarding any options available to maintain lawful immigration status or employment authorization.

The Court’s Decision

In a 6-3 decision, the Supreme Court held that federal law largely bars judicial review of DHS’ decisions to designate, extend, or terminate TPS for a country. The Court also concluded that the plaintiffs challenging Haiti’s TPS termination were unlikely to succeed on their constitutional claims, allowing the administration to move forward with ending TPS protections for Haiti and Syria.  

Looking Ahead

The decision permits the administration to proceed with terminating TPS for Haiti and Syria. Individuals affected by the ruling may still qualify for other forms of immigration relief, including asylum or another lawful immigration status, depending on their individual circumstances.

HCAF will continue monitoring federal immigration developments affecting Florida’s home care workforce and will provide updates as additional implementation guidance becomes available.

For further information, we recommend consulting your legal counsel or contacting the attorneys at HCAF Associate Member law firm Littler: Josh Vaughn, Esq., at jvaughn@littler.com or Bruce Buchanan, Esq., at bbuchanan@littler.com.

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