A federal district court has cleared the way for the government to proceed with its planned termination of employment authorization for Temporary Protected Status (TPS) beneficiaries from El Salvador, Ukraine, and Sudan. The ruling removes a significant legal obstacle that had been holding back the government's previously announced policy change, and it creates immediate and pressing compliance obligations for employers who rely on affected workers.
The termination of work authorization was originally scheduled to take effect on July 22. The court temporarily postponed that effective date, but only through August 5, 2026. Once that brief window closes, employment authorization for TPS beneficiaries from these three designated countries is set to lapse, and employers will no longer be able to rely on the underlying TPS-based work authorization to establish continuing employment eligibility under federal immigration law.
The narrow timeframe provided by the court leaves employers with limited runway to prepare. Human resources teams, in-hospital counsel, and compliance personnel should treat this as an urgent priority. Employers should begin by conducting a targeted audit of their workforce to identify any employees whose Form I-9 documentation reflects TPS-based work authorization tied to El Salvador, Ukraine, or Sudan. Careful review of Employment Authorization Document (EAD) categories and expiration dates recorded in I-9 files will be essential to accurately identify the affected population.
Once impacted employees are identified, employers should prepare their reverification processes in accordance with standard Form I-9 procedures. This includes providing appropriate notice to affected employees, allowing them a meaningful opportunity to present alternative valid work authorization documentation, and updating I-9 records consistently and in a nondiscriminatory manner. Employers should also evaluate whether affected employees may qualify for other independent forms of work authorization, such as pending adjustment of status applications, asylum-based EADs, or nonimmigrant visa categories, which could allow continued lawful employment.
Employers should also be mindful of the potential for further litigation or administrative developments that could alter the current timeline. Documenting the reverification process carefully will help mitigate compliance risk in the event of subsequent government inquiries or audits.
This alert provides general information only and is not legal advice. Clients facing specific workforce or immigration compliance questions should seek tailored counsel regarding their particular circumstances.