Temporary Protected Status (TPS) Workplace Resources

This year, U.S. Citizenship and Immigration Services (USCIS) has determined that Temporary Protected Statues (TPS) holders from the following countries are no longer eligible for work in the United States of America:

It is important that our workers and the communities they serve are reminded that the Los Angeles County Federation of Labor is here to support. Please see the following list of curated resources:

A Message from the law firm of Weinberg Roger & Rosenfeld:

On July 21, 2026, a federal court Judge in Massachusetts temporarily stopped USCIS from terminating TPS holders’ automatic work extension on July 22, 2026.  This means TPS holders from El Salvador that filed an application between January 17, 2025 and March 18, 2025 to renew a TPS-related Employment Authorization Document (“EAD”) and have an automatic extension continue to be work authorized until, at least, August 5, 2026. Additionally, any TPS holder that has an EAD with a September 9, 2026 expiration date is authorized to work through at least September 9, 2026.  We expect to know more about what will happen next in the case on August 5, 2026. 

Unions with members that have TPS should do the following:

1. Fulfill the Duty of Fair Representation for all bargaining unit employees at all times.
2. Inform members of their rights, including their right to a Union Representative when speaking to the Employer about the reverification of their work authorization.
3. If an Employer seeks to terminate a member because they have TPS El Salvador prior to their work authorization expiration:
   1.  Demand the Employer cease from discriminating against the member(s) and share the court order:
      1. LINK TO COURT ORDER FOR SHARING
   2. Request information, including
      1. The reasons the employer asserts the person is no longer work authorized;
      2. Any documentation that supports the Employer’s assertion;
      3. All communications to employees regarding termination of TPS;
      4. Whether the employer uses E-verify;
      5. If the Employer uses E-verify, request a copy of the MOU the employer has signed with the Department of Homelands Security (DHS)
   3. Consult the operative CBA to determine the Employer’s obligations
   4. Refer the member(s) to reputable immigration counsel to determine alternative work authorization;
   5. Determine whether the member already has alternative work authorization, if their TPS work authorization is expiring.
4. Seek advice from Local Union counsel.
5. Do Not provide legal advice to members or advise that they do anything illegal.

WHAT UNIONS NEED TO KNOW:

WORKER & FAMILY READINESS CHECKLISTS:

Coalition for Humane Immigrant Rights (CHIRLA)

Founded in 1986, CHIRLA a California leader with national impact made of diverse immigrant families and individuals who act as agents of social change to achieve a world with freedom of mobility, full human rights, and true participatory democracy. CHIRLA’s mission is to achieve a just society fully inclusive of immigrants.

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WEBSITE

Central American Resource Center (CARECEN)

Since its founding in 1983, when thousands of Central Americans fled the brutality of civil war, CARECEN has been working to change an unjust immigration system, win legal status for immigrants, and foster community activism on issues such as education reform, workers’ and immigrants’ rights, economic justice and community strengthening.

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WEBSITE

The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) works tirelessly to improve the lives of working people and strives to ensure all working people are treated fairly, with decent paychecks and benefits, safe jobs, dignity, and equal opportunities.

Check additional union resources provided by the AFL-CIO by clicking on the link below:

• AFL-CIO Union Resources