By Brooke Thomson
President & CEO

Temporary Protected Status (TPS) has ended for approximately 10,000 people from Haiti who have been working in Massachusetts. The change presents a challenge for many AIM member companies who have employed these hard-working people.

Following the Supreme Court’s decision in Mullin v. Doe, the Trump Administration’s termination of TPS for Haiti went into effect August 5, 2026. See Mullin v. Doe, No. 25-1083 (June 25, 2026); Order, Miot v. Trump, No. 25-cv-02471 (D.D.C. Aug. 5, 2026).

Massachusetts officials last week confirmed that the protections and benefits of TPS for Haitians have ended, and that former TPS holders are only authorized to work if they have an alternate employment authorization.  Employees may still be authorized to work based on another status or provision of law.

The Executive Office of Labor and Workforce Development said that in the case of people without any alternate employment authorization, employers may consider placing employees on unpaid administrative leave to give them an opportunity to pursue an alternate status, after a TPS designation is officially terminated.

The state says it continues to offer guidance and assistance to everyone impacted by the decision, including employers and employees. Employers may consult updated Guidance for Employers Regarding Immigration and Work Authorization (Revised – August 2026) from the Offices of Governor Maura T. Healey and Attorney General Andrea Joy Campbell.

Additionally, the Massachusetts Attorney General’s Office has a resource link for immigrants, including TPS recipients – Resources for Immigrants in Massachusetts | Mass.gov. 

Meanwhile, employers must also be aware of a provision in the PROTECT Act, an immigration protection bill signed by Governor Healey last week. The law requires employers to provide written notice to all employees 48 hours prior to an I-9 employment-verification inspection conducted by Immigration and Customs Enforcement (ICE).

The language states: Except as required by federal law, not later than 48 hours after receiving a notice of inspection by United States Immigration and Customs Enforcement for I-9 employment eligibility verification forms or other employment records, each employer shall provide written notice to each employee of any such request.

This legislation had an emergency preamble, which means this provision goes into effect immediately.

Finally, companies with questions about TPS-covered employees from other countries may consult the United States Citizenship and Immigration services:

https://www.uscis.gov/i-9-central/form-i-9-related-news

You may also contact Sarah Mills at AIM, or the AIM Employer Helpline, with questions.