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Immigration insights: Recent developments employers need to know

October 2026 employment law letter
Authors: 

Peter D. Guattery, Whiteford, Taylor & Preston, L.L.P.

Employers need to be aware of several important developments concerning temporary protected status (TPS) programs and detentions at domestic airports of individuals who have valid immigration documents. 

TPS

Following in the wake of the U.S. Supreme Court decision upholding the administration’s right to terminate TPS programs for both Haitian and Syrian nationals, U.S. Citizenship and Immigration Services (USCIS) has moved quickly to send out notices of the end dates for the TPS designation for multiple countries. For example, the USCIS notified employers that the TPS designation for Syria and Haiti was terminated effective July 27, 2026. The impact for Haitian nationals with TPS is immediate, effectively terminating all work authorization for those individuals.

The administration has also given notice of the termination of TPS for 14 additional countries, with updates on the specific end date for the programs for individuals from Yemen, Ethiopia, and Burma. As of this writing, TPS for El Salvadoran nationals was set to expire on September 9 but was extended indefinitely. In a statement, the Department of Homeland Security (DHS) said only that “an announcement on El Salvador’s TPS will be made at the appropriate time” and that “until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection.” 

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