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Alerts

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Update of Work Authorization Immigration Status as of October 8, 2025

| Alerts
On Friday, October 3, 2025, the Supreme Court allowed the termination of 2023 TPS Venezuela designation (A12 or C19) to take immediate effect. However, 2023 TPS Venezuela beneficiaries who received an Employment Authorization Document on or before February 5, 2025, with a ‘Card Expires’ date of October 2, 2026, will maintain work authorization until October…
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statue of liberty

Workplace Investigations Largely Shut down, but Courts Remain Open during Shutdown for Now

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Investigations into labor and employment matters will largely cease as the Department of Labor (DOL), the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) have very limited operations during the funding freeze.  Neither unfair labor practices charges at the NLRB nor discrimination charges at the EEOC will be proce…
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Restricted Entry

TPS Update (as of 9/3/2025)

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The Trump Administration has acted to terminate TPS status for several countries. Of course, litigation has followed each notice of termination.  However, if the Trump Administration continues to follow the law, these terminations will be upheld because the Secretary of Homeland Security has vast discretion to terminate TPS status, and courts do not have au…
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judicial building

Third Circuit Applies Jarkesy to Toss Massive H-2A Fines

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In a move anticipated by Court-watchers encouraged by last term’s SEC v. Jarkesy decision, a panel of the Third Circuit Court of Appeals has ruled that an administrative tribunal operated within the U.S. Department of Labor (USDOL) lacks the Constitutional authority to impose monetary fines. 
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honduras

TPS Designation for Honduras and Nicaragua Automatically Extended, But the Date is Uncertain

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The Department of Homeland Security (DHS) has not issued a Federal Register notice to terminate the Temporary Protected Status (TPS) designations for Honduras and Nicaragua, originally set to end on July 5, 2025.
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Jacmel Bay, Haiti

Possible Extension of TPS Status for Haitians until February 3, 2026 and New E-Verify Status Report

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A federal judge in the Eastern District of New York has ruled on a motion for partial summary judgment that the Department of Homeland Security does not have the authority to terminate TPS status for Haitians before February 3, 2026.  Memorandum Decision and Order to Show Cause, Haitian Evangelical Clergy Association v. Trump, Case No. 1:25-cv-01464-BMC (Ju…
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in loving memory memorial, outdoors

Sad News – Mark A. Waschak – September 13, 1963 – June 27, 2025

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With great sadness, we announce that our esteemed colleague and friend, Mark Allen Waschak, departed this life on June 27, 2025.  He was 61 years old.
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arrest

Reports Suggest Confusion as to Whether Certain Workplace Raids to be Stopped

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The New York Times reported on Thursday, June 12, 2025, that a senior official with Immigration and Customs Enforcement (ICE) directed investigators to stop certain workplace immigration enforcement actions unless related to criminal investigations.  The guidance in the memo reportedly stated: “Effective today, please hold on all worksite enforcement invest…
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life in Cuba

Termination of Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV)

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The federal government recently announced its position on the termination of work authorization for people who have parole status under one of the CHNV parole programs.
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map of venezuela

Work Authorization for TPS Venezuela 2023 Has Ended

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The U.S. Citizenship and Immigration Services (USCIS) updated its website to remove work authorization for most TPS Venezuela workers with the 2023 Designation retroactive to April 3, 2025.  Accordingly, all employers with TPS Venezuela workers with the 2023 Designation should terminate their employment promptly.
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man holding a chain link fence, outdoors

Has DEI Died? And What Do We Do About Immigration?

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On June 6, Jim Wimberly, Jim Hughes, and Betsy Dorminey presented a webinar addressing the current status of diversity, equity, and inclusion (DEI) programs, and a discussion of recent developments in immigration law for employers. You can watch the webinar and read a transcript HERE.
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