Dept. of Homeland Security, the termination of TPS



You may have recently learned that the Department of Homeland Security announced the termination of TPS (Temporary Protected Status) for certain countries.   Union members in TPS status have the ability to legally work and live in the U.S.  The recent announcements have terminated the TPS status for nationals of El Salvador and Haiti.  The terminations are to take effect in 2019.  We are writing to provide with resources regarding your members’ rights.

Deadlines Quickly Approaching! 

There are important deadlines that are quickly approaching that members need to know about so that they can timely reapply for TPS status.  Even though announcements of termination have been made, workers in TPS status can still apply to renew their status.  The deadline renewing applications for El Salvador and Haiti is March 19, 2018.

What do members need to do?

Members who are TPS holders from El Salvador and Haiti need to apply to renew their status by filing a form I-821 with the immigration agency.  Attached you will find helpful materials for members that provide information about important deadlines and how to renew TPS status.

TPS holders Should Not be Impacted at Work

Employment authorization documents (EAD), or “work permits”, for TPS re-registrants, with present expiration dates are automatically extended.  For El Salvador, current work permits that expire on March 9, 2018, are automatically extended and valid through September 5, 2018.  For Haiti, current work permits that expired on January 22, 2018, are automatically extended through July 21, 2018.

Employers should not and need not re-verify work authorization documents of individuals in TPS status simply based on these announcements regarding the future termination of TPS.  Employers are required to re-verify workers’ documents upon the expiration of the work authorization documents.  At the expiration, workers can submit copies of the Federal Register Notices to show automatic extension of their work permits.  Federal guidance on TPS re-registration and EAD renewal, including Federal Register notices, can be found here:

Also attached is a sample letter that a member can take to their employer or human resources representative to contact the Union if there are questions about a TPS holder’s ability to work.

Tips for Workers Who Have El Salvador TPS Status

–          Make sure to re-register no later than March 19, 2018;

–          Should an Employer seek to re-verify a TPS beneficiary’s work authorization documents (after March 9, 2018 for Salvadorans or after January 22, 2018 for Haitians) and the TPS holder timely re-registered but has not yet received his/her new work permit, the TPS worker should provide a copy of his EAD and a copy of the Federal Register notice, for purposes of satisfying I-9 requirements.

–          Should an Employer refuse to allow a TPS beneficiary to work despite having timely re-registered for TPS, the worker should contact the Union.