The pace of change in employment authorization policy has long been relentless, but the developments of the last several days have been particularly significant. U.S. Citizenship and Immigration Services (USCIS) released updated guidance, courts permitted several Temporary Protected Status (TPS) terminations to proceed, and a stay was denied in litigation challenging the TPS provisions in the One Big Beautiful Bill Act (OBBBA).
Judge Lifts Haiti Stay; USCIS Issues Additional Guidance
On August 5, 2026, Judge Reyes of the U.S. District Court for the District of Columbia issued an order lifting the pause on the termination of TPS for Haiti. As a result, employers must immediately reverify any affected employee. Employers should consult counsel if an affected employee cannot produce alternative evidence of continuing work authorization.