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Update on Temporary Protected Status (TPS) for Haiti and Related Countries

Client Alert

The U.S. Citizenship and Immigration Services (USCIS) issued an important update on July 10, 2026, regarding Employment Authorization Documents (EADs) for Temporary Protected Status (TPS) beneficiaries from Haiti and several other countries.

Current Status:

  • Haiti: TPS designation and related benefits remain in effect pursuant to a District Court order, until July 24, 2026. EAD documents, otherwise known as work authorization, for categories A12 or C19 with prior expiration dates are automatically extended through July 24, 2026.
  • Haitian natives with EAD documents issued in a different category should consult with an immigration attorney.
  • Other Countries (Burma/Myanmar, Somalia, Yemen, Syria, Ethiopia, and South Sudan): EADs are extended through July 17, 2026.

These are short-term administrative extensions following the U.S. Supreme Court’s June 25, 2026 decision in Mullin v. Doe. The situation remains confusing, and new court decisions continue to try to limit the TPS termination. USCIS has indicated that TPS beneficiaries will keep their status and work authorization during this period, but further changes are likely.

Employers and TPS beneficiaries should check EAD expiration dates and categories and continue monitoring the official USCIS SAVE page and the specific pages for other countries for the latest developments. Employers should accept the extended EADs for Form I-9 and E-Verify purposes.

We are closely following this matter and will provide further updates as new information becomes available.

TPS recipients may have other immigration benefit options. Anyone losing TPS should consult with an immigration attorney immediately.

If you have questions about how these developments may affect your business or immigration status, contact BMD Member Rob Ratliff at raratliff@bmdllc.com.


Substance Use Disorder Providers: 42 CFR Part 2 Now Enforceable

Updates to 42 CFR Part 2 are now enforceable, bringing significant changes to how substance use disorder (SUD) records are handled. The Final Rule aligns Part 2 more closely with HIPAA, introduces updated penalties, allows a single patient consent for treatment, payment, and operations, and adds new requirements for Notices of Privacy Practices. It also creates a formal definition of SUD counseling notes and imposes strict consent requirements for their use and disclosure. Providers should review and update policies to ensure compliance.

AAA Introduces AI-Assisted Arbitrator for Certain Disputes

The American Arbitration Association has introduced an AI-assisted arbitration platform designed to streamline certain document-based disputes. While a human arbitrator still makes the final decision, the technology can improve efficiency, reduce costs, and accelerate case resolution. Companies should weigh these benefits against considerations such as transparency, risk, and contractual requirements before adopting AI-assisted arbitration.

Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.

New Ohio Reporting Requirements for Non-Residential Contractors

Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.

DOT Non-Domiciled CDL Rule

A new rule from the Federal Motor Carrier Safety Administration (FMCSA) will significantly narrow eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) beginning March 16, 2026. The rule limits eligibility to holders of H-2A, H-2B, and E-2 visas and eliminates Employment Authorization Documents (EADs) as qualifying proof of work authorization. As a result, many lawfully present and work-authorized immigrants, including refugees, asylees, DACA recipients, and Temporary Protected Status holders, will no longer be able to obtain or renew a non-domiciled CDL. The change is expected to affect roughly 194,000 drivers nationwide and has prompted multiple legal challenges, including a pending emergency stay request before the United States Court of Appeals for the District of Columbia Circuit.