Recent developments affecting Temporary Protected Status (TPS)[1] beneficiaries have created uncertainty for employers managing work authorization and reverification obligations. In response, California Attorney General Rob Bonta has reminded employers that changes affecting TPS beneficiaries do not change employers’ existing obligations under federal and California law. The guidance underscores a key compliance point: employers should not assume that an employee whose TPS designation has been affected is no longer authorized to work, and employers must continue to follow standard I-9, reverification, anti-discrimination, and anti-retaliation requirements.

The guidance reflects California’s longstanding approach of reinforcing workplace protections for immigrant workers during periods of federal immigration policy change. While TPS-related developments may create uncertainty for employers, the Attorney General’s message is that employers should continue to follow existing verification and reverification rules rather than impose additional requirements or take adverse action based on assumptions regarding an employee’s immigration status. The guidance further encourages employers to consult immigration counsel before acting based on an employee’s TPS status, recognizing that affected employees may remain authorized to work through another immigration status, a pending application, or another provision of law.

Among other things, the guidance reminds employers:

• To follow current employment verification requirements. Employers must complete the Form I-9 to verify an employee’s identity and authorization to work in the United States and should monitor USCIS and E-Verify for current TPS termination and work authorization expiration dates.

• That employment authorization may remain valid beyond the expiration date shown on a work permit. Employers should not rely solely on the expiration date printed on an Employment Authorization Document (EAD). Work authorization may be automatically extended through a Federal Register notice, USCIS notice, court order, or applicable DHS regulations. Before acting based on an apparent expiration date, employers should confirm whether an automatic extension or another basis for continued work authorization applies.