On Monday, the U.S. Supreme Court ruled in favor of the Trump Administration and put a hold on a ruling from a federal judge that kept in place Temporary Protected Status (TPS) for Venezuelans. The Supreme Court’s decision effectively permits the Trump Administration to strip legal protections from 350,000 Venezuelans and simultaneously, expose many of them to deportation.
To provide more context, in 1990, Congress created TPS to prevent deportations of those from countries suffering from civil conflict or natural disasters. TPS grants people authorization to live and work in the U.S. in increments of up to 18 months as long as the U.S. Department of Homeland Security (DHS) continues to deem their home countries unsafe for return. On January 17, 2025, the Biden Administration extended the 2023 TPS designation of Venezuela for 18 months, ending on October 2, 2026. However, on February 3rd, the Secretary of DHS issued a notice terminating this extension. On March 31st, the decision was brought before a district judge in California who paused the termination and ordered the department to continue TPS for Venezuelans. On Monday, the Supreme Court paused the district court’s order, stripping 350,000 Venezuelan immigrants of their legal status and work authorizations.
Why This is a Major Blow to the Hospitality Industry
TPS is heavily used by hospitality employers to staff roles at properties across the United States. In fact, according to Nan Wu, Research Director, American Immigration Counsel, if TPS were to be cut entirely, the U.S. would lose one in 14 hospitality workers (and one in 8 agricultural and construction workers).
This is additionally concerning, as many organizations do not realize that they are employing TPS holders. An individual on TPS is granted an Employment Authorization Card that allows them to work for any employer in the U.S. without any visa or immigration sponsorship. Therefore, many organizations are employing people on TPS status without realizing it.
Shifting Staffing Strategies to Safeguard your Organization
We know how impactful the Supreme Court’s decision will be for our clients. The termination of TPS for Venezuelans is likely to have significant effects on the U.S. labor market, especially in industries like hospitality that rely heavily on immigrant labor. Besides TPS for Venezuelans, the Trump Administration has also announced the termination of TPS for Haiti and Afghanistan. Out of the 570,000 TPS holders currently working in the U.S., around 95,000 work in the hospitality industry. These actions have, or soon will be, challenged in court, but the Supreme Court’s decision as it relates to terminating TPS for Venezuelans does not bode well for Haitians and Afghanis in the U.S. on this status.
Additionally, the Trump Administration has taken further steps to shutter other key immigration programs, which could significantly impact hospitality organizations. On March 25, 2025, DHS ended the Humanitarian Parole program for nationals of Cuba, Haiti, Nicaragua, Venezuela, and Ukraine. This is another program that provides work authorization for humanitarian reasons. Between 2021 and 2024, out of the approximate 740,000 paroled workers, an astounding 120,000 (16+%) worked in the hospitality industry. Also, there is growing concern over the potential rollback of the J-1 visa program, which many hospitality employers depend on to meet critical seasonal staffing needs.
Given the looming loss of these essential immigration pathways, it is more important than ever for employers to proactively focus on alternative, reliable staffing solutions – namely, the H-2B visa program. Despite the sweeping immigration policy shifts under the Trump Administration, the H-2B visa program remains largely untouched. In fact, the program is in a very good place in terms of predictability, processing times, and solutions to the program’s hurdles. Furthermore, although the summer-season cap relief announcement was delayed by a few weeks this year, it resulted in about 45,000 more H-2B visas being released for out-of-country workers for the summer season. President Trump has also spoken positively about the program and about the hospitality industry’s need for foreign workers. Many of his own properties even utilize the H-2B program. Importantly, workers still seem to want to come to the U.S. to work under the H-2B program unlike other programs, like the J-1 visa, which have seen foreign nationals choosing to go to other countries. Overall, given that the H-2B program remains in good shape, we strongly encourage hospitality organizations to focus their recruiting efforts on H-2B workers and to consider adding H-2B positions for their upcoming season in roles where they relied on TPS and J-1 visa holders to help offset potential worker losses from other programs and Trump Administration initiatives.
Our team continues to closely monitor any changes to immigration policy during this time. We understand that this is a time of uncertainty for many individuals and organizations, and we will continue to actively track updates as they emerge. Our goal will always be to support our clients and ensure they can continue to successfully meet their staffing needs while maintaining the highest standards of compliance.
Please do not hesitate to reach out with any questions.
Thank you,
Keith and the Pabian Law Team