TPS Loss Hits Immigrant Chefs at NYC Creole Food Festival
Thousands of Haitian immigrants lost their Temporary Protected Status (TPS) — and with it, their legal right to work in the US — in 2026. At Brooklyn's eighth annual Creole Food Festival on October 3, immigrant chefs and food entrepreneurs showed what that policy means on the ground: businesses built over years, now facing an uncertain future. USCIS and DHS decisions on TPS are reshaping who can legally cook, cater, and employ in America.
What if you built a catering business from scratch — and then the government took away your right to work? That is the reality facing thousands of Haitian immigrants in 2026 after losing their Temporary Protected Status (TPS), a humanitarian program that lets people from certain countries live and work legally in the US when it is unsafe to return home. The loss of TPS means the loss of a work permit. For immigrant food entrepreneurs in New York, that threat is not abstract.
A Festival Under Pressure
On October 3, 2026, the eighth annual Creole Food Festival took place at Brooklyn Bridge Park. More than a dozen chefs and food entrepreneurs — many of them immigrants or children of immigrants — served dishes rooted in Caribbean, African, and Latin American traditions. Festival co-founder Fabrice Armand, whose mother immigrated from Haiti, said the restaurant industry is already feeling the strain of intensified immigration enforcement. "There are some of the people that were working in those kitchens that were doing the work that a lot of people would not want to do, working those long hours," Armand said. New York is home to roughly 3.1 million immigrants, the largest foreign-born population of any US city, and the food industry depends heavily on that workforce.
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Among the participants was Osan Abbott, co-owner of Oseno Jerk, a Queens-based Caribbean catering company she runs with her fiancé Okeno Guthrie. Both came to the US as children. Brooklyn-born chef Deborah Jean, whose family is from Haiti and who trained in French cuisine, brought plantain puree and Haitian pineapple upside-down cake-inspired desserts. Her catering contract even includes a clause requiring her to incorporate Haitian seasoning or cuisine into every event she cooks. Chef Jahvel Fraser of JVF Pantry, whose family is from Barbados and St. Vincent, and Osei "Chef Picky" Blackett of Everything Oxtail, who served oxtail doubles — a fusion of braised meat and Trinidadian fried bread — also participated. For all of them, the festival is one of the few public platforms that puts their work in front of new customers.
The festival itself nearly did not happen. Armand said a major brand withdrew its financial support this year, leaving Haitian rum producer Barbancourt as the only sponsor. He and his business partner took out a personal loan to keep the event alive. The next stop is Miami next month, with plans to return to New York in 2027.
What to Do If You Have TPS or Are at Risk of Losing It
- If you held TPS and it has been terminated, speak with an immigration lawyer immediately to check whether you qualify for another status — such as asylum, a family-based green card, or a work visa — before your current authorization expires.
- If you run a small business and your employees had TPS, an immigration attorney can help you understand your legal obligations and your workers' options for maintaining work authorization.
- Check the USCIS website (uscis.gov) for the current TPS designation status for your country. Termination dates and court-ordered extensions change frequently.
- If you are undocumented and working in the food industry, know your rights: you cannot be forced to let ICE into a private workplace without a judicial warrant signed by a judge (not just an ICE administrative warrant).
Related: our step-by-step guide — “How to Apply for Asylum”.
Fishkin Law Firm, New York
TPS termination does not automatically trigger deportation, but it does end work authorization and lawful status — which means affected individuals can be placed in removal proceedings. Anyone who held TPS should immediately check whether they have an independent basis to stay, such as a pending asylum claim, a family-based petition, or eligibility for cancellation of removal. Do not assume your situation is hopeless; the options depend heavily on your individual history, so consult a licensed immigration attorney as soon as possible.
Frequently Asked Questions
If I lost TPS, can I still work legally in the US?
Not automatically. When TPS ends, your Employment Authorization Document (EAD) tied to that status also expires. You need a separate immigration status — such as a pending asylum application, a family-based green card process, or another visa — to get a new work permit. Talk to an immigration lawyer about your specific situation.
Can ICE enter a restaurant or catering kitchen without a warrant?
ICE cannot enter a private workplace — including a restaurant kitchen — without a judicial warrant signed by a federal judge. An administrative ICE warrant alone is not enough to force entry into a non-public area. You have the right to ask to see the warrant and to refuse entry if it is only an administrative document.
Does losing TPS mean I will be deported right away?
No. Losing TPS means you lose lawful status and work authorization, but deportation requires a separate removal order from an immigration judge. You may have time to apply for another status or to fight removal in immigration court. Getting legal help quickly matters.
What countries currently have TPS, and where can I check?
TPS designations change frequently due to court orders and government decisions. The official and most current list is on the USCIS website at uscis.gov/humanitarian/temporary-protected-status. Check there directly rather than relying on older news articles, since the situation in 2026 has shifted multiple times.