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The US Supreme Court has cleared the way for the administration to terminate Temporary Protected Status (TPS) for nationals of Haiti and Syria. Work authorization for affected nationals is expected to lapse as early as tomorrow, July 1, 2026. This date stems from a prior DHS extension of TPS for both countries through July 1, not from a deadline set by the Court itself. Individual end dates may vary depending on each employee’s specific documentation. As TPS for these countries winds down, affected individuals will lose the lawful immigration status and the Employment Authorization Documents (EADs) they held under TPS.

Update: USCIS has announced a brief administrative extension of Employment Authorization Documents (EADs) for affected individuals through July 10, 2026.

The Greater Miami hotel and hospitality industry employs many individuals from the Haitian community. Many of these employees have maintained legal work authorization in the United States under TPS for several years, occupying key roles across our industry. For our sector, this policy change presents potential operational challenges, including staffing reductions, administrative adjustments, and the departure of experienced personnel.

General Information for Your Property

Once an employee’s TPS-linked EAD reaches its expiration and is not otherwise extended, that individual is generally no longer authorized to work in the United States. Because expiration dates and any applicable auto-extensions can differ from one employee to the next, employers should verify the actual date on each document rather than applying a single cutoff to everyone.

Employers should be aware that continuing to employ individuals without valid work authorization, or failing to properly update Form I-9 records, can potentially expose a property to federal fines and legal liability.

However, it is equally important to avoid discriminatory practices during this transition. Employers are generally prohibited from preemptively terminating employees based on their nationality or an assumption of their TPS status before an EAD officially expires.

Potential Action Steps for Members

Consider the following steps:

  1. Consult Employment and Immigration Counsel: Do not navigate this transition without professional legal guidance. Contact your legal counsel to understand your exact obligations regarding Form I-9 reverification and termination procedures for employees whose work authorization is expiring.
  2. Review I-9 Expirations: In consultation with your legal counsel, review your current I-9 records to identify employees whose EADs are set to expire. Ensure your HR teams understand the proper, non-discriminatory protocols for requesting updated documentation.
  3. Communicate with Compassion: This is an incredibly stressful time for your affected team members. Consider working with your HR departments to communicate clearly about the need for valid work authorization. You may consider providing employees with information about local legal aid or community organizations that may be able to advise them on alternative immigration pathways. Below we have included a brief guide and a list of local non-profit organizations that you can consider sharing with employees seeking assistance.
  4. Assess Operational Contingencies: Begin preparing for potential staffing gaps. Review your recruitment strategies, training protocols, and partnerships with staffing agencies to mitigate disruptions to guest services.

Employer Guide to Sharing Legal Resources

Many employees may ask HR or management for help navigating their immigration status in light of this ruling. While employers cannot provide legal advice, you may consider providing affected employees with a list of reputable, third-party community resources.

If you choose to distribute the list of resources below, please keep the following operational best practices in mind:

  1. Frame it as “Information,” not an “Endorsement”
    Employers should make it clear that they are simply providing a list of community resources, not endorsing a specific attorney or guaranteeing the outcome of any legal consultation.
  2. Include a Written Disclaimer
    When HR distributes the resource list, it should include a brief disclaimer at the top or bottom. For example:

    “The company is providing this list of community organizations for informational purposes only. The company cannot provide legal advice regarding your personal immigration status, nor do we endorse any specific organization on this list. Employees are encouraged to consult with independent legal counsel regarding their individual circumstances.”
  3. Avoid Discrimination and Profiling
    Employers should not play a guessing game about who has TPS and proactively target specific employees with this list based on their race, accent, or national origin. Doing so could trigger a discrimination claim under the Immigration and Nationality Act (INA) or EEOC regulations.

    The Right Way: Provide the list strictly to any employee who directly asks for assistance, or make it generally available to everyone (e.g. posting it on a breakroom bulletin board or including it in a general, company-wide memo regarding the TPS changes).
  4. Do Not Pay for the Legal Advice Directly
    While some corporations choose to establish legal defense funds, for most standard hospitality operations, it is safer to refer employees to free or low-cost non-profits rather than having the employer pay a private immigration attorney to represent an individual employee. If the employer pays the lawyer directly, it can create complex conflict-of-interest issues between the company and the employee.

South Florida Immigration & Legal Resources for Employees

Next Steps for GMBHA

Our team is actively coordinating with our local congressional delegation to investigate providing a statutory extension of work authorization or other legislative solutions that protect our workforce and our local economy.

Please reach out to us if you have any questions regarding the policy landscape or wish to share how this ruling impacts your specific property so we can better advocate on your behalf.

Disclaimer: The information provided in this communication is for general informational purposes only and does not constitute legal or human resources advice. Members should consider consulting with qualified employment and immigration counsel regarding their specific legal obligations and circumstances under state and federal law.

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