California Attorney General Rob Bonta has issued guidance to California employers and workers outlining legal obligations and workplace protections for employees with Temporary Protected Status, following a recent U.S. Supreme Court decision allowing the federal government to proceed with terminating TPS protections for Haitians and Syrians.
What changed
The guidance reminds employers that changes to a country’s TPS designation do not alter their obligations under federal and California employment laws. The California AG’s office issued this formal guidance to provide employers and workers with clarity about what remains required during periods of TPS uncertainty.
Employers must complete Form I-9 to verify an employee’s identity and authorization to work in the United States. Employers must follow workplace anti-discrimination and anti-retaliation laws, and must comply with applicable federal and California protections and must not use immigration-related practices to unlawfully discriminate or retaliate against workers.
Why it matters
TPS changes can create confusion in the workplace. The AG noted that uncertainty does not erase workers’ rights. For practitioners advising employers with TPS-employee workforces, this guidance is critical: employers cannot use a TPS termination or redesignation as a blanket basis to avoid I-9 compliance, dismiss workers without cause, or demand excessive immigration documentation.
California employers must continue to follow the law when verifying employment authorization and must not discriminate or retaliate against workers based on their national origin or immigration status. For TPS holders, this means state law protections remain in place even if federal status is in flux. For employers, it means navigating verification requirements carefully and documenting compliance to avoid civil exposure under California law.
Way forward
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Audit I-9 compliance now. Review current I-9 forms and reverification practices to ensure they meet federal and state standards; do not use anticipated TPS changes as a reason to accelerate or burden employees with extra documentation requests.
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Brief management on anti-retaliation rules. Make clear to HR and supervisors that TPS status changes do not permit discrimination, retaliation, or selective enforcement against affected workers or national-origin groups.
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Distinguish between verification and retaliation. Legitimate employment verification under federal law is permitted; retaliatory document demands or disparate treatment based on immigration status or national origin is prohibited under California law.
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Document workplace communications. Keep clear records of hiring, promotion, discipline, and termination decisions to demonstrate compliance with California employment law and absence of discrimination.
Disclaimer
This article is provided for informational purposes only and is not legal advice. It is a plain-English summary of a state policy announcement. Immigration and employment law is complex and fact-specific; California law is also subject to change without notice. Employers should consult a licensed employment or immigration attorney before taking action based on this guidance, and should verify the full text of the California AG guidance at the source URL above.