Employment Law Update: Immigration Insights – Recent Developments Employers Need to Know
Date: August 20, 2026
Temporary Protected Status
Following in the wake of the US Supreme Court decision upholding the Administration’s right to terminate Temporary Protected Status programs for both Haitian and Syrian nationals, the US Citizenship & Immigration Service has moved quickly to send out notices of the end dates for the TPS designation for multiple countries. For example, USCIS notified employers that the TPS designation for Syria and Haiti was terminated effective July 27, 2026. The impact for Haitian nationals with TPS status is immediate, effectively terminating all work authorization for those individuals.The administration has also given notice of the termination of TPS status for 14 countries, with updates on the specific end date for the programs for individuals from Yemen, Ethiopia and Burma. As of this writing, TPS status expires for El Salvadoran nationals on September 9, 2026, and for Ukrainians in October. Employment authorization for those individuals and other nationalities with TPS designation may yet be extended. However, the continuing uncertainty is impacting employers nationally.
As of March 2026, there were approximately 1.3 million persons holding TPS status in the U.S. Many of them hold (or held) jobs in the service sectors, including senior care, nursing assistants, as well as stockers and packers for retail industries, and across many other industries.
Given the ubiquity of TPS workers, all employers should be alert to these changes, and it is recommended that they regularly check the USCIS website for the TPS program. Understanding the interplay of these rules with existing I-9 rules concerning reverification and document abuse, as well as potential discrimination claims, is also crucial, as it will be important to be able to walk the fine line between employment of unauthorized workers and properly adhering to I-9 reverification procedures.
Airport Detentions
Beginning in mid-2026, it has been reported that there has been a significant increase in detention of domestic travelers in the US, including persons with criminal records (including very minor offenses), and expired non-immigrant status. These reports are notable because many of the persons caught in these operations had proper documentation of their immigration status, including valid work permits and/or were otherwise authorized to be in the United States. This latter group includes persons with valid, pending applications for green cards, who allowed their prior non-immigrant visa to lapse, because CIS policy permitted them to remain in the US while their application was pending.Although many of these persons were ultimately released on bond, the disruption these actions may have on what may otherwise be routine business travel should be seriously considered before any travel is undertaken by employees holding immigrant and non-immigrant status. Consideration of the risks of travel and mitigation measures can prevent serious issues down the road.
Given the rapidly evolving landscape surrounding TPS terminations and increased enforcement activity, employers should proactively assess their I-9 compliance and travel policies. Whiteford's Labor and Employment Law attorneys are standing by to help employers navigate these changes and address any related compliance, reverification, or travel-risk questions.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.