California Attorney General Rob Bonta issued guidance to employers and workers outlining legal obligations and workplace protections for employees with Temporary Protected Status (TPS). The guidance follows a June 2026 U.S. Supreme Court decision allowing the federal government to proceed with terminating TPS protections for Haitians and Syrians, with legal proceedings ongoing for other countries.
TPS is a federal humanitarian immigration program that allows eligible noncitizens from designated countries to temporarily live and work in the United States when conditions in their home countries make returning unsafe. The Supreme Court's decision reversed lower court orders that had blocked the termination of TPS designations for Syria and Haiti, allowing the U.S. Department of Homeland Security to proceed with ending those protections.
The guidance reminds California employers that changes to a country's TPS designation do not alter their obligations under federal and California employment laws. Employers must continue to comply with federal employment verification requirements and must monitor USCIS and E-Verify for current TPS termination and work authorization expiration dates.
The guidance also notes that in certain circumstances, a worker's employment authorization may remain valid beyond the expiration date printed on their work permit, as TPS-based Employment Authorization Documents may be automatically extended through federal notice, USCIS notice, court order, or under certain Department of Homeland Security regulations. Employers must not demand more or different documents than required for Form I-9 verification, and must allow workers to choose which acceptable documents they present.
When employment authorization needs to be reverified, an employee affected by the end of a TPS designation may still be authorized to work under another status or basis, and employers must not reverify employees whose work authorizations remain valid. Employers must comply with workplace anti-discrimination and anti-retaliation laws and must not use immigration-related practices to unlawfully discriminate or retaliate against workers. California workplace protections, rights and remedies are available regardless of immigration status.