The federal government is giving employers two weeks notice about the termination of temporary protected status for Haitians following a Supreme Court ruling last month.
U.S. Citizenship and Immigration Services says that employment authorization for Haitians with the status is valid until Friday, July 24 amid much employer confusion.
That date supersedes other dates listed on work permits. For instance, many Haitian temporary protected status holders have July 1, 2026 listed as an expiration date on their work authorization paperwork.
That date could change. By July 24, a DC federal court will reconsider its prior ruling in light of the Supreme Court decision, or might offer more information or another date in the future.
On June 25, the Supreme Court allowed the Trump administration to end legal protections for immigrants fleeing violence and natural disaster in Haiti and Syria, exposing hundreds of thousands more people to potential deportation.
More than 19,000 Haitians in Massachusetts have temporary protected status, according to FWD.US. Temporary protected status allows immigrants from certain countries with natural disasters, armed conflict and major turmoil to live and work legally in the United State. Haitians were first offered that status in 2010 after a devastating earthquake, and it has been extended since then.
Local Haitians had hoped for a different decision from the court.
Confusion and impact
About 1,500 workers will be impacted in Massachusetts nursing care facilities alone, according to the attorney general’s office.
The AG’s office put out a guidance to employers in late June, urging them not to preemptively lay workers off over their immigration status without further information about how the ruling would be executed.
“I think that the administration causing confusion about what the law is and not just not being interested in, you know, providing any kind of clarity to employers is part of the problem,” said Sarang Sekhavat, chief of staff at Massachusetts Immigrant and Refugee Advocacy coalition. The organization published its own guidance to employers.
Regardless, some home and nursing care employers are doing so anyway.
Massachusetts resident and TPS holder Marie Fleurival was told earlier this week that her last day of employment would be Friday, July 10 by her employer, Enclave of Franklin, an assisted living and memory care facility. She works as a nursing assistant for seniors with Alzheimer’s disease and dementia.
Fleurival told GBH News she was told she would be placed on leave of absence, “per company policy.” She was told she would receive a letter about the situation, and wasn’t put on the company schedule for Friday.
“I will not be able to work until further notice,” she said. “So by July 11th, I will be placed on leave of absence. That’s what they told me.”
Fleurival is concerned about her son, who is in middle school, and about how she will pay the mortgage on her home in August, which is about $3,000 per month. (After this article was published, she told GBH News her employer told her she can go back to work).
Len Hartwell, CEO of the company, said in an emailed response that “while we cannot comment on individual personnel matters, our company takes these responsibilities seriously and is committed to complying with all federal employment eligibility requirements.”
The company previously laid Fleurivaloff and rehired her due to misunderstanding the ongoing changes.
Other TPS holders and advocates say they’ve heard of additional nursing home providers that let workers go preemptively, although none wanted to speak on the record due to fear of retribution from the federal government.
“They need to be very careful in terminating anyone prior to the July 24th date,” said Boston City Councilor Ruthzee Louijeune. “What employers should be doing is engaging in a conversation with employees about assistance for potential other mechanisms of work authorization.”
“I understand that the date is a moving target, and that has created chaos and uncertainty, which is the objective of this heinous administration,” Louijeune continued. ”But employers, especially employers who are trying to do the right thing ... and follow the Attorney General’s guidance — they should not be putting anyone on temporary leave or leave.”
Louijeune is urging people to consider joining a phone bank next Wednesday, July 15, at 4 p.m. at the Mildred Haley House in Jamaica Plain. Callers will reach out to Senators’ offices around the country to support Senate Bill 4814, which would extend TPS by three years for Haitians. The bill has already passed the House through the efforts of Congresswoman Ayanna Pressley.
Pastor “Keke” Dieufort Fleurissaint, founder of the True Alliance Center, has been hearing from Haitian TPS holders whose employers are confused.
“Those 350,000 TPS holders right now, nationally, who do not know what to do, have established their homes in this country for decades, they are contributing tremendously in taxes,” said Fleurissaint. ”This is very, very critical situation for our community at this time.”
