Immigration Litigation

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Takeaways

  • Current work authorization remains valid for now.
  • Employers should update Form I-9s with specific notations according to USCIS/E-Verify guidance (expiration “03-15-2026” and “as per court order”).
  • Employers should handle E-Verify consistently and use the 03.15.26 date from the I-9 in E-Verify cases.

Status of Haiti TPS Work Authorization

A federal court in the D.C.

On Feb. 13, 2026, DHS Secretary Kristi Noem announced that Temporary Protected Status (TPS) designation for Yemen will not be extended.

This TPS designation will terminate 60 days after the notice is published in the Federal Register. During this 60-day transition period, work authorization documents based upon TPS designation will remain valid. After the 60-day…

The U.S. Court of Appeals for the Ninth Circuit has reversed a lower court’s order vacating the Department of Homeland Security’s (DHS) termination of Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua, reinstating the DHS termination.

In granting the stay pending appeal, the Ninth Circuit concluded the government is likely to succeed on the…

Takeaways

  • Haitian TPS will not end 02.03.26 after a federal court stayed DHS’s 11.28.25 termination notice.
  • Venezuela TPS is not reinstated despite the Ninth Circuit ruling, because a U.S. Supreme Court stay remains in effect pending further appeals.
  • As the latest developments show, TPS rules differ sharply by country, requiring careful, individualized employer review.

On…

On Dec. 31, 2025, the U.S. District Court for the Northern District of California vacated the Department of Homeland Security’s (DHS) decisions to terminate Temporary Protected Status (TPS) for Honduras, Nicaragua, and Nepal, finding that the terminations violated the Administrative Procedure Act (APA). The court concluded that DHS failed to conduct an objective assessment of…

The U.S Court of Appeals for the District of Columbia Circuit agreed on Jan. 5, 2025, to fast-track the appeal of the recent federal court ruling upholding the Trump Administration’s imposition of a $100,000 fee on certain H-1B visa petitions.

On Dec. 24, 2025, the U.S. District Court for the District of Columbia upheld the…

A federal judge has granted the Trump Administration’s motion for summary judgment and upheld the legality of the $100,000 fee requirement for certain H-1B visa petitions. Chamber of Commerce of the USA v. U.S. Department of Homeland Security, No. 1:25-cv-03675 (D.D.C. Dec. 23, 2025).

President Donald Trump’s Sept. 19, 2025, Presidential Proclamation, “Restriction on Entry…

The Department of Homeland Security (DHS) has announced that Temporary Protected Status (TPS) for Burma (Myanmar), Ethiopia, Haiti, and South Sudan will end in early 2026.

Employers of TPS beneficiaries from affected countries should closely review the timelines and automatic Employment Authorization Document (EAD) extensions, summarized below in order of termination date.

Employers…

  • Illinois employers may not rely solely on SSA “no-match,” IRS discrepancy notices, or similar third-party notifications to take disciplinary or termination action.
  • Employers must meet strict notice, timing, and communication requirements, including providing employees an opportunity to respond and to involve a representative.
  • Employees, the attorney general, and designated advocacy organizations may bring civil
…

Related links

The Equal Employment Opportunity Commission (EEOC) released updated educational materials on national origin discrimination on Nov. 19, 2025, in response to the…