Uncertain protected status for Haitians causes concern among Long Island families, health care industry

George, a 96-year-old former construction worker, sat comfortably in his Nesconset home Monday morning, watching a "Hawaii Five-O" rerun on TV. His caregiver is never far from his side, making sure he is comfortable and sipping his protein drink.

Like many home care workers on Long Island and around the nation, George’s caregivers are from Haiti, living and working in the United States through a provision called Temporary Protected Status. In November, federal immigration officials terminated that status, an order that was set to go into effect Tuesday. On Monday evening, U.S. District Judge Ana Reyes in Washington, D.C. paused that termination while a lawsuit challenging the federal government's decision continues.

Still, George’s son is devastated by the prospect of losing the caregivers, saying his father has received attentive care that has had a positive impact on his failing health since he went into hospice six months ago.

"The care he is getting here is like a second lease on life," his son Peter said. "These women are excellent. He cannot lose this."

Newsday is withholding last names and other details, at the request of the family, to protect their caregivers from immigration enforcement. George's caregiver on Monday also did not want to be identified or interviewed for this article.

The end of TPS has serious ramifications for both the 350,000 Haitians in this country under the program and the health care industry. Returning to Haiti, where ongoing gang violence and political instability add to the ravages of a 7.0 earthquake in 2010, is not a safe option, advocates say. Industry representatives and those dependent on the caregivers worry it will be even harder to find care for their loved ones, a problem already acutely felt on Long Island, where the population is aging.

"People are on edge. It’s a very difficult time," said Katia Guillaume, vice president of 1199SEIU’s Homecare Division, whose family is from Haiti. "A lot of people don't have homes to return to. There’s a lot of destruction because of the gang violence."

Guillaume, who worked for years as a long-term caregiver, also noted "there was a shortage of caregivers and the Haitian population was there to answer the call."

Haitians received Temporary Protected Status after the earthquake. The designation is given when "conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately." A country can be designated due to "armed conflicts, environmental disasters, epidemics or other extraordinary and temporary conditions." Homeland Security Secretary Kristi Noem decided Haiti "no longer meets the conditions for the designation for Temporary Protected Status ...[after] reviewing country conditions and consulting with appropriate U.S. Government agencies," according to a notice in the Federal Register.

Several lawsuits have been filed on behalf of Haitians and other foreign nationals who have protected status that has been eliminated by the Department of Homeland Security.

"TPS allowed people to work in this country lawfully. They were there during the pandemic and in bad weather," Guillaume said. "These are people that you can count on."

But some agencies are already letting workers go rather than waiting for a court ruling, she said.

The loss of workers will make it even harder to deliver the care people need to age in place, said Laura Ehrich, vice president of public policy at the New York State Association of Health Care Providers.

"We are in the process of having some legislation introduced that would protect employers who have operated in good faith but whose workers' statuses may have changed," she told Newsday in an email.

Suffolk County Legis. Leslie Kennedy (R-Nesconset) said her office has received calls from constituents worried about the future of home care for their loved ones.

"Who is going to take care of these people?" she asked in an interview on Monday, before the court ruling. "We are hoping for another extension."

She has encouraged workers to use free legal advice available at Touro College and Hofstra University about applying for political asylum.

U.S Rep. Laura Gillen (D-Rockville Centre) has advocated for an extension of TPS for Haitians in the United States and signed onto a legal challenge, saying the Trump administration's termination of TPS for Haitians was unlawful.

A letter to Noem, signed by Gillen and U.S. Rep. Michael Lawler (R-Pearl River), urged her to "prevent hardworking, legal Haitian immigrants from being sent back to certain danger" and extend TPS to Feb. 3, 2027.

"Haitian TPS holders in our districts work as essential health care workers, educators, small business owners, construction workers and service industry professionals," they wrote. "A TPS extension for Haitians would provide critical stability for thousands of families across New York and prevent harmful workforce disruptions."

By Lisa L. Colangelo

lisa.colangelo@newsday.com@lisalcolangelo

Lisa joined Newsday as a staff writer in 2019. She previously worked at amNewYork, the New York Daily News and the Asbury Park Press covering politics, government and general assignment.