Recent federal developments impacting Temporary Protected Status (TPS) for Haiti require immediate attention from home care providers, particularly those employing individuals with Employment Authorization Documents (EADs) tied to TPS designation.

According to updated guidance issued through E-Verify on March 25, 2026, the U.S. Department of Homeland Security (DHS) has moved forward with terminating Haiti’s TPS designation. However, due to ongoing litigation, implementation remains in flux.

Current Status: Court-Ordered Extension Through July 1, 2026

While TPS for Haiti was originally slated to terminate earlier this year, a federal court order has temporarily stayed that decision. As a result:

• Affected EADs are currently extended through July 1, 2026
• Employers must reflect this extension when completing:
  • Form I-9
  • E-Verify entries

I-9 and E-Verify Guidance

• In Section 1 of Form I-9: Enter “as per court order”
• In Section 2: Use July 1, 2026 as the expiration date
• Include a note in the Additional Information field
• Enter July 1, 2026 when completing E-Verify cases

Providers are encouraged to retain documentation (e.g., USCIS alerts) with I-9 records for compliance purposes.

Important Compliance Consideration: “Rolling” Expiration Dates

As noted by Bruce Buchanan, Esq., Senior Counsel at Littler, the current expiration date should be understood in context:

• These dates are administratively assigned and subject to change
• Employers should not repeatedly update prior I-9s each time a new extension is issued
• However:
  • If your organization has been consistently tracking and updating expiration dates, you should continue that practice
  • Specifically, update prior references (e.g., March 28, 2026) to July 1, 2026

This distinction is critical to maintaining consistent and defensible compliance practices

What’s Next: Potential Termination This Summer

Looking ahead, the legal landscape may shift quickly:

• The U.S. Supreme Court is expected to hear the TPS Haiti case in late April
• A decision is anticipated by late June 2026
• If TPS termination is upheld:
  • Affected individuals will lose work authorization
  • Unless they qualify under another category (e.g., asylum applicants – C08)

Recommended Next Steps

Employers should check DHS' TPS Haiti webpage regularly for updates and take the following actions now:

• Audit your workforce to identify employees working under TPS Haiti
• Ensure I-9 and E-Verify compliance aligns with current guidance
• Monitor federal updates closely, particularly in April through June
• Develop contingency staffing plans in the event of TPS termination

Given the complexity and fluid nature of this issue, providers are strongly encouraged to seek legal guidance as needed. HCAF extends its appreciation to Bruce Buchanan, Esq., Senior Counsel at Littler, for his insight on this matter.

Providers with questions or needing further clarification are encouraged to contact him at BBuchanan@littler.com or call (615) 514-4122.