Confusion and uncertainty are pervading the lives of Haitian immigrants and their U.S. employers following the expiration of work authorization for those with Temporary Protected Status (TPS).
For business owners like Bobby Kuchinsky, general manager of the Half Shell Raw Bar in Key West, Florida, the situation has led to difficult decisions. On Tuesday, Kuchinsky suspended six Haitian employees who had lost their authorization to work in the U.S., some of whom had been with the restaurant for over a decade. He described the experience as "horrible," noting the fear and tears in his employees' eyes.
The Supreme Court on June 25 sided with the Trump administration's decision to terminate TPS for approximately 1 million individuals from multiple countries, including 350,000 Haitians living and working legally in the U.S. since 2010. While the cases proceeded back to lower courts, U.S. Citizenship and Immigration Services had previously extended Haitian work permits, often by just a few days. However, these extensions were not provided on Monday, increasing anxiety about job loss and potential deportation.
Department of Homeland Security stated that TPS is a temporary program and encouraged Haitians to seek repatriation, offering assistance for flights home. The agency's statement, "It’s closing time, which means you don’t have to go home, but you can’t stay here," reflects the end of the program's protections.
For many Haitian TPS holders, returning to Haiti presents significant risks. The country is grappling with widespread gang violence, which has displaced nearly 1.5 million people. According to the United Nations, more than half of Haiti's population requires humanitarian aid, with over 2,300 deaths and 1,100 injuries reported since January.
A 62-year-old Half Shell employee, who spoke anonymously out of fear of detention, left Haiti in 2016 due to gang violence. He has worked in the U.S. restaurant industry since obtaining a work permit and applying for TPS in 2020. He expressed deep concern about his ability to earn money for his family in Haiti, sending approximately $550 monthly to his wife and two brothers, and voiced his fear of being killed if deported.
Robert Dominguez, associate general counsel for human resources consultancy Engage PEO, noted that TPS has been a significant concern for businesses, particularly in sectors like construction, hospitality, and long-term care that rely heavily on foreign-born workers. He described the frequent changes in government policy as creating a lack of clarity for many employers.
Katie Smith Sloan, CEO of LeadingAge, representing nonprofit long-term care facilities, stated that her member organizations have been experiencing prolonged uncertainty, with the situation now appearing to reach a critical point.
Bendy Gabriel, another employee at the Half Shell, left Haiti in 2017 after receiving death threats. After working in Chile, he moved to the U.S. in 2021 with his wife and son, subsequently applying for asylum and TPS. Although his TPS permit was set to last until 2030, he fears for his safety if forced to return to Haiti. Gabriel, whose U.S.-born son is not affected by TPS, works at two restaurants and earns enough to cover rent, living expenses, and send at least $300 monthly to his father in Haiti. He highlighted the broader impact of job losses, affecting families in Haiti who depend on remittances.
Kuchinsky also expressed concern for 19 of his employees with pending asylum cases, noting that asylum seekers have also faced government scrutiny and detention in Key West.