- The Supreme Court’s June 25, 2026 decision in Mullin v. Doe permits the Department of Homeland Security (DHS) to move forward with ending Temporary Protected Status (TPS) for Haiti and Syria.
- TPS has ended for affected Haitian and Syrian nationals, subject to any applicable government-designated transition or wind-down period.
- During the transition period, TPS-based Employment Authorization Documents (EADs) and related protections may remain temporarily valid, but they will lapse when the transition period ends unless the individual has another basis for employment authorization.
- Employers should monitor Department of Homeland Security (DHS), USCIS, and E-Verify guidance for updated Form I-9 reverification instructions and applicable EAD expiration dates.
On June 25, 2026, the U.S. Supreme Court ruled 6–3 in Mullin v. Doe that federal courts generally may not review nonconstitutional challenges to the DHS secretary’s decision to terminate a country’s TPS designation. The Court also rejected, at this stage, an equal protection challenge to the Haiti termination finding that there was no racial animus. The decision invalidates prior lower-court orders that had delayed the Haiti and Syria terminations and clears the way for DHS to implement the end of TPS for those countries.
What This Means
TPS allows eligible nationals of designated countries to remain in the United States temporarily, obtain employment authorization and receive protection from removal while the designation is in effect. With the Haiti and Syria designations now ending, affected employees will lose TPS-based work authorization and protection from removal after any applicable transition or wind-down period expires.
The transition period is important for employers because it may temporarily extend the validity of certain TPS-related EADs while DHS, USCIS, and E-Verify update their systems and publish implementation guidance. Once that period ends, TPS-based EADs and TPS status will lapse unless the TPS employee has independent work authorization through another immigration status or pending benefit.
Employer Action Items
- Identify employees whose work authorization is based on TPS for Haiti or Syria.
- Review current EAD expiration dates and any government-announced automatic extensions or transition-period instructions.
- Do not reverify until the date of termination is announced and then do so before the applicable EAD or transition-period validity date expires.
- Check USCIS and E-Verify guidance regularly for updated Form I-9 instructions and documentation rules.
- Consult counsel before taking adverse action based solely on a TPS termination announcement, particularly while transition-period guidance remains pending or evolving.