Last week, California Attorney General Rob Bonta issued guidance reminding California employers of their legal obligations toward employees with Temporary Protected Status (TPS) amid recent changes to federal TPS designations. The guidance follows recent federal court developments affecting TPS protections for certain countries and emphasizes that changes to a worker’s TPS designation do not alter employers’ obligations under federal and California employment laws.
Background
TPS is a federal humanitarian immigration program that allows eligible individuals from designated countries to live and work temporarily in the United States when conditions in their home countries make return unsafe. According to the Attorney General’s Office, recent litigation and federal actions have created uncertainty for many TPS beneficiaries and their employers. In particular, the guidance follows a 2026 U.S. Supreme Court decision allowing the federal government to proceed with terminating TPS protections for individuals from Haiti and Syria while litigation concerning TPS designations for other countries continues.
Changes to TPS Do Not Eliminate Employer Obligations
The guidance stresses that changes to a country’s TPS designation do not eliminate an employer’s responsibility to comply with federal employment verification requirements and workplace protections. Employers must continue following applicable federal and California laws regardless of changes in TPS status.
According to the Attorney General, uncertainty surrounding TPS designations does not diminish employees’ workplace rights or employers’ compliance obligations.
Employers Must Follow Proper Employment Verification Procedures
The guidance reminds employers to continue complying with Form I-9 employment eligibility verification requirements and to monitor federal resources for updates regarding TPS-related work authorization and expiration dates. Employers are encouraged to consult information provided by U.S. Citizenship and Immigration Services (USCIS) and E-Verify when reviewing TPS employment authorization issues.
The guidance also notes that some TPS-related Employment Authorization Documents (EADs) may remain valid beyond the expiration date printed on the document because of federal notices, court orders, or automatic extensions.
Anti-Discrimination Protections Remain in Effect
The Attorney General’s Office specifically reminds employers that they may not discriminate against workers based on national origin or immigration status and may not retaliate against employees for asserting workplace rights.
Employers must continue complying with federal and California anti-discrimination laws when addressing employment authorization questions involving TPS beneficiaries.
Improper Reverification Practices May Create Liability
The guidance indicates that employers should follow proper reverification procedures and should not require employees to present specific documents for Form I-9 purposes. Employees generally retain the right to choose which acceptable documentation to present when establishing identity and work authorization.
Employers that deviate from standard I-9 procedures or improperly target TPS beneficiaries for additional scrutiny could face legal risks under federal or California law.
Employers Impacted
The guidance is particularly relevant for:
- California employers with foreign-national workforces;
- Employers that employ TPS beneficiaries;
- Human resources and immigration compliance professionals;
- Employers responsible for Form I-9 administration; and
- Organizations monitoring employment authorization compliance.
Employer Takeaway
California employers should review employment verification and I-9 compliance practices to ensure they remain consistent with current federal requirements. Employers should carefully monitor TPS-related federal developments, verify work authorization using current federal guidance, and avoid discrimination, document abuse, or retaliation based on an employee’s TPS status, national origin, or immigration status.