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Sunday, July 13, 2025

One Month into the New Administration, Employers Have a Lot to Think About - Foley & Lardner LLP

This past week marked the one-month anniversary of the new Trump Administration, and there have been many developments — including in just the past week — to which employers need to pay attention.

  • Secretary of Homeland Security revokes Temporary Protective Status (TPS) for Haitians and certain Venezuelans. The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country’s that temporarily prevent the country’s nationals from returning safely. Currently, 17 countries have been granted TPS. Those granted TPS are entitled to work authorization (“EAD”). On February 1, 2025, Secretary of Homeland Security Kristi Noem decided to terminate TPS under the 2023 designation for Venezuela. If the termination stands, on April 7, 2025, a certain category of Venezuelans (approximately 350,000 people) previously granted TPS will lose status to remain in the U.S. And, on February 20, 2025, Secretary Noem revoked TPS for Haitian nationals (approximately 500,000 people) effective August 3, 2025. Unless revoked or blocked through court litigation, on the above dates, Venezuelans and Haitians here on TPS will lose their work authorization. Any employer who continues to employ a worker without valid work authorization can be subject to civil and criminal prosecution. It is possible workers from these two countries may have other legitimate bases, such a pending asylum petition, to remain in the country and remain employed. Employers who employ...


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