A culture of compliance: Beyond the usual policies, companies must foster trust and accountability through training, communication, and consistent enforcement. Namely offers the tech, services and resources—including a new compliance e-book—for SMBs.
A federal judge has given a reprieve to 60,000 migrants from Honduras, Nepal, and Nicaragua by extending their temporary protected status (TPS) through at least November 18.
The order, which was issued on July 31, hampers the Trump administration’s efforts to revoke the migrants’ temporary protected status, which allows them to live and work legally in the US. While TPS was set to end on Aug. 5 for Nepal and Sept. 8 for Honduras and Nicaragua, migrants from both countries are now entitled to these protections until a Nov. 18 hearing is held on the merits of the case, at which point their protections may be extended again.
The decision comes as HR leaders are navigating a complex legal landscape for employing foreign-born workers.
Why a judge blocked the termination of TPS. The National TPS Alliance sued Homeland Security Secretary Kristi Noem on July 7, arguing her agency’s move to end TPS for these countries violated the Administrative Procedure Act, and was motivated by “racial animus.”
Judge Trina L. Thompson, a Biden appointee serving in the Northern District of California, wrote in her order that she believed the migrants were likely to succeed on the merits of their claims, and granted a request to postpone the planned termination of TPS for workers from these countries.
Thompson challenged DHS’s assertion that the TPS program allows criminals into the country, writing, “Their presence is not a crime. Rather, TPS holders already live in the United States and have contributed billions to the economy by legally working in jobs, paying taxes, and paying contributions into MediCare and Social Security.”
In a statement responding to Thompson’s order, DHS Assistant Secretary Tricia McLaughlin said, “TPS was never meant to be a de facto asylum system,” but has been used that way for decades. The agency claimed the TPS program has been exploited by “violent criminals” who’ve been able to “hide behind a humanitarian designation.”
Thompson noted that most TPS holders work, and said ending their legal status would negatively affect economic activity, resulting “in a $1.4 billion loss to the United States economy.”
Work authorization extended, for now. As a result of Thompson’s order, work authorization for TPS holders from Nepal, Honduras, and Nicaragua has been extended through Nov. 18.
Although efforts to end TPS for countries including Afghanistan and Haiti are still held up in the courts, the Supreme Court allowed the administration to end these protections for migrants from Venezuela in May. This decision prompted large employers like Disney and Walmart to lay off workers whose legal status was set to end.
Employers are starting to pay closer attention to I-9 compliance in light of increased immigration enforcement at the federal level, HR Brew recently reported. Keeping an authorized worker on your payroll can result in fines reaching over $5,000, as well as criminal charges.