On August 20, a three-judicial panel of judges from the Ninth Circuit Court of Appeals paved the way for the Trump administration to end Temporary Protection Status (TPS) for more than 63,000 immigrants from Nicaragua, Honduras and Nepal.
The Judges' Committee overturned a lower court decision delaying the end of these protections until November 18th, allowing the U.S. Department of Homeland Security (DHS) to enforce a much earlier deadline, according to Major Era, a nonprofit association of aging services, including home health care.
“This is a false approach,” Amanda Mead, director of workforce policy at Leadingage, told Home Health Care News. “Foreign-born workers providing home care and other services to seniors in a variety of community settings are essential to our sector. … There is no TPS or other route to provide employee approval, so some staff are forced to leave immediately, and many of the nonprofit and mission-driven members lose experienced staff who have been deeply valued during times when exchange workers are extremely challenging.”
Congress established the TPS in the Immigration Act of 1990. This provides temporary immigration status to citizens of designated countries experiencing ongoing armed conflict, environmental disasters, or extraordinary temporary conditions, as defined by the U.S. Immigration Council. This status allows for protection from deportation and deportation of foreigners from these countries that exist in the United States when the designation is made.
The ruling on August 20 allows DHS to enforce the expiration dates of the original from three countries. The Nepal designation expired on August 5th, but Honduras and Nicaragua expire on September 8th.
Some of these immigrants may have asylum or other legal claims pending, but if these designations end, many may lose their status and job permits. According to Leadingage, the case remains active in lower courts.
For home care providers such as John Sneath, founder and CEO of Tribute Home Care, this poses a complex challenge. Sneath told HHCN in July that his organization in Massachusetts had hired individuals from Haiti, Nicaragua, Cuba and Venezuela, and that some of his workers had received notifications from the DHS.
“The long-term concern in Massachusetts is that around 90% of our population is born in other countries,” Sneath said. “What's going on with the programs they're involved in? We don't have any insight into that. You don't know (as an employer) what you can and can't.”
Founded in 2012, Tribute serves clients in Massachusetts, Maryland, Illinois and Northern Virginia.
The exact number of TPS holders in the US home care segment is unknown, but a July 2025 report from the American Business Immigration Union states that TPS workers are “disproportionately high” in healthcare, particularly in home care. Additionally, a 2024 report from Bipartisan Advocacy Group FWD.US estimates that 50,000 TPS-qualified individuals are employed in healthcare services.
“The Trump administration systematically dedocumentes immigrants who have lived legally in the country for decades, raising children, starting businesses and serving the community of American citizens,” Jessica Bansal, a lawyer for the National Workers Organization, said in a statement. “The court's unexplained decision to enable TPS termination will create incredible, meaningless difficulties for tens of thousands of families, despite the district court's finding it likely to be unconstitutional.”
The DHS argued that TPS was not intended to be a permanent migration route.
“This is another big legal victory over the Trump administration, the rule of law, and the safety of the American people. TPS has always intended to do that. It was temporary.” “TPS was not intended to be a de facto asylum system, but that's how previous administrations have used it for decades and have allowed the country hundreds of thousands of foreigners without proper review.”
As of January 2025, approximately 6.4 million U.S. immigrants had undergone temporary protection, according to FWD.US. By September, the organization estimates that nearly one million people will lose all temporary protections and legal status, are not qualified for jobs, and will be subject to deportation.
Sneeace said the impact will go beyond the employees his organization had to let go. It also affects the people they care about.
“Our clients are deeply influenced,” Snurse said. “You invite someone to your home, that's difficult. It's another challenge someone has to deal with. That client/caregiver relationship will all be. According to the ACLU in Southern California, immigration advocates and TPS holders are looking for other legal measures to continue fighting decisions and challenge fire.
