Three Haitian immigrants working in Massachusetts for a homecare organization were laid off this week, despite a federal court order that affirmed job protections for people with temporary protected status.
A federal court decision on Monday temporarily blocked the Trump administration from terminating TPS for hundreds of thousands of Haitians nationally — including about 19,000 in Massachusetts.
In her order, Judge Ana Reyes wrote: “During the stay, the Termination shall be null, void, and of no legal effect. The Termination therefore does not affect the protections and benefits previously conferred by the TPS designation, including work authorization and protection from detention and deportation, and the valid period of work authorization extends during the stay.”
Still, Tribute Home Care laid off three individuals. The organization’s interpretation of the federal ruling was that it blocked TPS from ending, but did not automatically extend expired documents.
Tory McBride, the organization’s director of caregiver excellence, said in an email to GBH News that the three workers it laid off all had temporary protected status that expired on Tuesday.
“Therefore, we’re not legally able to keep them employed until they’re able to present new documents,” McBride said. “The other three individuals we have on our team who are under TPS from Haiti, have expiration dates in May, and therefore were not terminated yesterday.”
Tribute Home Care has about 100 senior clients in Massachusetts, stretched across 200 or so caregivers, according to statistics from last summer.
GBH News first reached out to the organization on Tuesday. At the time, CEO John Sneath expressed confusion around the order.
After a reporter mentioned the decision addresses the continuance of work permits, and that individuals with expired status were technically employable, Sneath said the organization was reluctant to rely on that interpretation.
“We have to have work documents that say they can work. And so under this administration, I don’t know how we would rely on that,” said Sneath.
He said the whole situation is tragic, and similar to having to layoff Haitian caregivers who had CHNV parole, a different status, last summer.
“It’s a big disruption obviously for them but also to the people they’re caring for,” he said.
Both Sneath and McBride said they were considering reaching out to an employment attorney.
One of the lead attorneys for the federal case said Tribute Home Care’s description of the order was “not correct.”
“The ruling *did* automatically extend work authorization. The order says so and even if it did not, by statute, work authorizations remain valid as long as the TPS designation remains in force,” said co-litigator Andrew Tauber of Bryan Cave Leighton Paisner, the firm handling the case. “This is precisely what USCIS acknowledges on its website.”
Jake Krilovich, executive director of Home Care Alliance of Massachusetts, a trade association working with more than 200 home care providers, wasn’t surprised about the confusion surrounding the order.
“It goes back to … consistency is one term, but I think just kind of confusion — confusion on the part of employers, but also confusion for the workers,” he said. “It’s just for the last year, there’s been a lot of confusion and it’s hard to keep up with.”
On Monday night, Gov. Maura Healey lauded the court order as a victory, and said her administration is “notifying employers across the state that their employees are still eligible to work.”
Asked for comment, a spokesperson for Healey sent a copy of a notice sent to employers on Monday clarifying that “TPS recipients CAN continue to work, for now” as a result of the ruling.
Attorney General Andrea Campbell’s office is hosting webinars for employers and has also issued written guidance. It said employers must navigate two legal obligations, including “avoiding the employment of unauthorized workers, and 2. Avoiding discrimination, including discrimination based on national origin or citizenship status.”
In regards to temporary protected status, the attorney general office’s guidance notes those employees “may still be authorized to work based on another status or provision of law and may provide other acceptable Form I-9 documentation to demonstrate employment authorization.” The guidance also stated TPS terminations are currently being “litigated in multiple courts throughout the country. Due to ongoing federal court litigation, this status update could change.” The office “strongly encouraged” companies to seek legal counsel specializing in immigration-related employment question
Krilovich said he knew Campbell’s office has offered guidance to employers, but he said that may not reach everyone who needs to understand the federal order.
Some people who work with connecting immigrants to employers said it’s astounding that an organization had misinterpreted the impact of the court decision.
“There have been multiple communications by state agencies, and certainly the order itself is pretty clear that the person can work,” said Jeff Thielman, CEO of International Institute of New England, a resettlement agency that provides assistance in workforce development. “I would say to that employer, please consult your counsel, anyone you might have on retainer or anyone you may work with for legal matters, and I’m sure they’re going to tell you the person could work.”
Tauber said TPS holders can also show their employers the USCIS website for guidance.
“It’s understandable that certain employers would be nervous when confronted with a work authorization document that on its face seems to have expired,” he said. “But hopefully, the updating of the USCIS website will give such employers the certainty and comfort that they need to continue employing Haitian TPS holders.”
