Impacted Employers: All employers who employ impacted TPS beneficiaries.
Effective Dates: Immediate
Summary:The U.S. Court of Appeals for the Ninth Circuit has reversed a lower district court’s order vacating the Department of Homeland Security’s (DHS) termination of Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua. The district court’s order is no longer in effect while the appeal proceeds.
Next Steps:
Individuals who had continued working pursuant to the district court’s previous order no longer have valid employment authorization if that authorization was based solely on TPS from Honduras, Nepal, and Nicaragua.
Impacted clients should consider consulting with legal counsel as needed to help determine impacts to their employees, develop a communication strategy and consider alternative employment authorization pathways as needed.
TPS policy continues to shift and remains the subject of ongoing litigation. The Ninth Circuit’s decision is not the final decision. Additional developments are expected as the appeal proceeds.
ADP will continue to monitor the situation and provide updates as they become available.