The following an important workforce update for providers following a recent federal court decision affecting Temporary Protected Status (TPS) for Haitian nationals.

According to an update provided to HCAF by Bruce Buchanan, Senior Counsel with Littler, the U.S. Court of Appeals for the District of Columbia Circuit denied the Department of Homeland Security’s (DHS) request to pause a federal court ruling that temporarily blocked the termination of TPS for Haiti.

What This Means for Providers

For now, employees whose work authorization is based on Haitian TPS may continue to be lawfully employed.

Because the appellate court declined to grant the government’s request for a stay, the lower court’s March 2, 2026 order remains in effect while the case continues.

For many Florida home care providers who rely on a diverse workforce, this ruling means TPS-based employment authorization for Haitian workers remains valid at this time.

Possible Next Step: U.S. Supreme Court

DHS is expected to seek a stay from the U.S. Supreme Court. If the Court grants that request, the government could move forward with terminating TPS protections while the appeal proceeds.

As a result, the legal status of Haitian TPS remains subject to further court action, and providers should stay alert for additional updates.

HCAF Thanks Littler for Ongoing Guidance

HCAF appreciates the continued support and insight provided by Bruce Buchanan and the immigration law team at Littler, who regularly assist health care employers in navigating complex immigration and workforce compliance issues.

Their updates help ensure that home care providers remain informed about federal policy developments that could affect staffing and operational planning.

Stay Informed

HCAF will continue to monitor the litigation and share updates with members as additional developments occur.

Providers with questions regarding their workforce or TPS-related employment authorization should consult their immigration counsel or contact the Littler immigration team for guidance.