TPS Turmoil Hits Restaurant Hiring

The uncertainty stems from a June U.S. Supreme Court decision that allowed the Trump administration to move forward with ending TPS protections for certain groups of immigrants while legal challenges continue. Since then, guidance from the Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) has created multiple reverification deadlines, leaving employers trying to determine which workers remain authorized to work.

A federal judge on Wednesday officially allowed the Trump administration to end temporary deportation protection for hundreds of thousands of Haitians, as noted by CNN.

Restaurant Business first reported that operators have been left in turmoil as deadlines continue to evolve. The Supreme Court’s decision is also expected to affect TPS holders from Syria, with broader implications for nationals from countries including Yemen, Ethiopia, Myanmar, Somalia and South Sudan.

TPS protections for Salvadorans and Venezuelans are also expected to face future changes. Approximately 350,000 Haitians alone will be affected.

Operators Brace for More TPS Uncertainty

For restaurants, the challenge extends beyond staffing. Employers must comply with federal employment verification rules while avoiding actions that could expose them to discrimination claims if workers are removed before they’re legally required to leave.

“The dates are still moving with the courts,” said Joseph Kwon, founding attorney at Joe Kwon Law, who advises restaurant and hospitality employers. “Trust the USCIS country page and your own E-Verify status report for each employee, not the headlines.”

That uncertainty has prompted industry groups to seek additional guidance from the federal government.

Following the Supreme Court ruling, the National Restaurant Association and 12 state restaurant associations sent a letter to DHS requesting a 90- to 120-day transition period before work authorization ends for affected TPS holders. The organizations argued that restaurants hired many of these employees legally and need additional time to adjust staffing while navigating complex compliance requirements.

The associations also urged DHS to provide clear guidance on I-9 reverification procedures and E-Verify requirements and asked that employers make good-faith efforts to comply.

Sean Kennedy, the National Restaurant Association’s chief advocacy officer, said TPS has allowed thousands of people fleeing humanitarian crises to find stable employment in restaurants while becoming part of their local communities.

“Losing these employees because of the end of their TPS will be a blow to their employers,” Kennedy said.

He added that the workers’ colleagues and their communities will also feel the impact. It’s a reminder of why comprehensive immigration reform is so important for the industry, he noted.

State restaurant associations have also warned of broader economic consequences.

The Florida Restaurant & Lodging Association estimates the decision could affect more than 93,000 TPS holders statewide, who collectively contribute about $2.6 billion annually to Florida’s economy. In Texas, the state restaurant association estimates more than 53,000 TPS recipients contribute hundreds of millions of dollars in federal, state and local taxes each year.

Operators say the policy changes arrive as restaurants continue to face hiring challenges.

Dan Simpson, CEO of the 110-unit Taziki’s Mediterranean Café, told Restaurant Business that the company has hired workers who initially arrived in the U.S. under humanitarian protections before eventually becoming U.S. citizens. One Venezuelan couple started in entry-level restaurant positions, advanced into management and later became homeowners after gaining citizenship.

“What’s frustrating as an employer is the shifting rules,” Simpson said.

Kwon recommends employers begin by reviewing existing Form I-9 records to identify employees working under TPS-based Employment Authorization Documents.

Rather than assuming a worker has lost authorization because of a court decision or an expiration date printed on an employment authorization card, employers should confirm whether USCIS has issued an automatic extension or updated guidance for that employee’s country.

“When the card expires, the law says reverify, not release,” Kwon said. “You record new proof in Supplement B of the I-9 and the person keeps working. Terminating early to ‘be safe’ is the move that actually gets employers sued.”

He also cautioned employers against requesting specific immigration documents or reviewing only foreign-born employees during internal audits.

“If you’re going to audit, audit everyone,” Kwon said. “A review that only checks your foreign-born staff isn’t compliance, it’s a lawsuit with a clipboard.”

The issue is particularly significant for restaurants because of the industry’s reliance on immigrant labor. According to the National Restaurant Association, nearly one in four restaurant and foodservice employees in the U.S. is foreign-born, with even higher concentrations in back-of-house positions such as chefs and cooks.

For now, attorneys say employers should monitor official USCIS guidance, review work authorization documents individually, and prepare for additional legal developments as litigation over TPS continues.

Food for Thought Leadership

Joe Slater, President and CEO of Gleaners Food Bank of Indiana, talks about the changing realities of food insecurity and how food banks are evolving to meet growing demand. Slater explains that today’s food-insecure population increasingly consists of working adults holding one or more jobs, as rising living costs outpace wages and changes to federal assistance programs leave many households with few options.