Press Statement  AG Campbell Reminds Employers That Haitian And Syrian TPS And Work Authorization Remain In Place

BOSTON — Attorney General Andrea Joy Campbell today reminded Massachusetts employers that Temporary Protected Status (TPS) designations for Haiti and Syria and related employment authorizations remain in place: 

“As employers grapple with the Supreme Court’s decision, I remind them that Temporary Protected Status designations for Haiti and Syria, and related employment authorizations remain in place until the Supreme Court sends a certified copy of its judgment to the lower court and the federal administration issues implementation guidance. 

The Supreme Court’s opinion alone does not require immediate changes by employers. Employers may continue to rely on existing TPS-related work authorization and should await certified judgment and federal implementation guidance before making any employment decisions affecting TPS holders. 

Employees may also have alternative forms of work authorization independent of TPS that remain valid. Before determining that an employee is no longer eligible to work, employers are reminded to communicate directly with employees and consider whether other valid authorization applies. 

We recognize this decision creates uncertainty, and we will continue to update our guidance as additional federal information becomes available. In the meantime, I continue to urge Congress to extend TPS protections and urge the Department of Homeland Security to reverse course and extend TPS in order to maintain the stability of families, employers, and communities who rely on this status.” 

ON BACKGROUND: 

• The E-Verify system now lists July 10 as a placeholder date for termination of employment authorization before the Supreme Court decision. The federal SAVE database also now lists July 10 as a placeholder date for termination of employment authorization. Employers should monitor for an implementation timeline on the UCSIS website.
• The Supreme Court’s recent decision does not require immediate changes by employers. Until the certified judgment is entered, and as the UCSIS website indicates, TPS-work related authorizations remain valid. 
• The Attorney General’s Office has issued updated guidance for employers, available on its website, and will continue to monitor developments and provide additional information as appropriate. 
• Some employees may also have alternative work authorization, in addition to their TPS status, that remain in effect. Before determining if an employee is no longer eligible to work, employers are reminded to communicate directly with employees regarding any alternative work authorization the employee may possess.