Haiti TPS Termination: What Long Term Care Employers Need to Know

Workforce
 
Published:July 29, 2026
Dana Ritchie
​​​Update: On August 5, a federal judge in Washington, D.C., who previously blocked the termination of Temporary Protected Status (TPS) for approximately 350,000 Haitian nationals, ruled that the injunction is no longer in effect ​following the U.S. Supreme Court's June decision. This removes the final major legal hurdle to the Trump administration's effort to end TPS protections for Haitians, allowing the administration to continue moving forward with implementation. The Department of Homeland Security (DHS) has indicated that TPS for Haiti terminated as of July 27, 2026, and DHS has yet to release guidance around this matter/implementation. AHCA/NCAL continues to closely monitor the situation and will share any relevant updates.​
 
In the meantime, long term care providers should take a measured, individualized approach when reviewing employees' work authorization. 

Who Is Affected?
Only employees whose sole basis for employment authorization is Haiti TPS are potentially affected. This generally includes Employment Authorization Documents (EADs) issued under categories A12 and C19. However, employees may hold employment authorization under a different immigration category. Employers should verify each employee's work authorization individually rather than assuming all Haitian employees are affected. 

Employer Guidance
As providers evaluate their workforce, employers should: 

  • Review each employee's work authorization on an individual basis. 
  • Do not take blanket action against all Haitian employees or employees believed to be from Haiti. 
  • Follow standard Form I-9 reverification procedures for employees whose only basis for work authorization is Haiti TPS. 
  • Provide employees the opportunity to present alternative evidence of employment authorization before taking any adverse employment action. 
  • Maintain documentation of all reverification efforts and employment authorization decisions for each affected employee. 
  • If you participate in E-Verify, monitor the system for updated guidance and follow any new instructions issued by DHS. 
As always, providers with complex employment authorization questions should consult qualified legal counsel to ensure compliance with federal immigration and employment laws.​