Recent developments affecting Temporary Protected Status (TPS)[1] beneficiaries have created uncertainty for employers managing work authorization and reverification obligations. In response, California Attorney General Rob Bonta has reminded employers that changes affecting TPS beneficiaries do not change employers’ existing obligations under federal and California law. The guidance underscores a key compliance point: employers should not assume that an employee whose TPS designation has been affected is no longer authorized to work, and employers must continue to follow standard I-9, reverification, anti-discrimination, and anti-retaliation requirements.
The guidance reflects California’s longstanding approach of reinforcing workplace protections for immigrant workers during periods of federal immigration policy change. While TPS-related developments may create uncertainty for employers, the Attorney General’s message is that employers should continue to follow existing verification and reverification rules rather than impose additional requirements or take adverse action based on assumptions regarding an employee’s immigration status. The guidance further encourages employers to consult immigration counsel before acting based on an employee’s TPS status, recognizing that affected employees may remain authorized to work through another immigration status, a pending application, or another provision of law.
Among other things, the guidance reminds employers:
- To follow current employment verification requirements. Employers must complete the Form I-9 to verify an employee’s identity and authorization to work in the United States and should monitor USCIS and E-Verify for current TPS termination and work authorization expiration dates.
- That Form I-9 verification is required, but employers may not require specific documents. Employees determine which acceptable document or documents to present from the Lists of Acceptable Documents. Employers may not reject documents that reasonably appear genuine or request additional or different documents based on an employee’s citizenship status, national origin, or immigration status.
- That proper procedures must be followed when reverifying employment authorization. An employee who loses TPS status may nevertheless remain authorized to work under another immigration status or provision of law, including through a pending immigration application. Employers should not reverify employment authorization or request new documentation before an employee’s work authorization has legally expired, including where an automatic extension applies. When reverification is required, employers must provide employees with an opportunity to present acceptable documentation demonstrating continued work authorization.
- That workplace anti-discrimination and anti-retaliation laws remain in force. Employers must comply with applicable federal and California protections and may not use immigration-related practices to unlawfully discriminate or retaliate against workers.
- That retaliation based on immigration status is prohibited. California law prohibits employers from reporting or threatening to report an employee’s or family member’s suspected citizenship or immigration status because the employee exercised a right under California law. Employers likewise may not intimidate, threaten, or coerce employees for exercising workplace rights or participating in a discrimination-related or immigration-related proceeding.
- That TPS beneficiaries with valid employment authorization retain workplace rights and protections. These include the right to seek and maintain employment free from unlawful discrimination and the right to choose which acceptable documents to present during the Form I-9 process. California workplace protections and remedies are generally available regardless of immigration status.
Link to Practical Takeaways for Employers Practical Takeaways for Employers
- Not rely solely on the expiration date printed on an EAD. Confirm whether a Federal Register notice, USCIS notice, court order, or other authority provides an automatic extension of employment authorization.
- Review I-9 and reverification procedures to ensure they are applied consistently across the workforce.
- Train HR personnel and managers regarding TPS-related and other work authorization issues, including automatic EAD extensions and proper reverification procedures.
- Monitor USCIS, DHS, and court developments that may affect TPS designations and employment authorization.
- Avoid requesting specific documents or taking adverse action based solely on TPS-related developments without first confirming an employee’s current work authorization status.
- Consult counsel before terminating, suspending, or otherwise taking action against employees whose TPS-related employment authorization may be affected.
Given the rapidly changing federal immigration compliance landscape and state-specific responses to those developments, California employers are well advised to work closely with immigration counsel to navigate these complex and often overlapping federal and state obligations. Baker McKenzie attorneys are available to advise employers on employment authorization compliance obligations and related workplace risks.
[1] TPS is a federal program that allows eligible individuals from designated countries to live and work in the United States on a temporary basis. Individuals granted TPS may apply for an Employment Authorization Document (EAD). In June 2026, the U.S. Supreme Court permitted the Department of Homeland Security to end TPS status for individuals from Syria and Haiti, although litigation regarding TPS terminations remains ongoing.