On June 25, 2026, the U.S. Supreme Court ruled that the Department of Homeland Security (DHS) can proceed with the termination of Haitian and Syrian Temporary Protected Status designations, as Section 1254a(b)(5)(A) bars judicial review of non-constitutional claims related to TPS, and the equal protection claim is not likely to succeed. As a result of the merged suits of Mullin v. Doe and Trump v. Miot, the administration may now remove the protections for citizens of Haiti and Syria. As a result, employment authorization documents held by Syrian and Haitian were not extended beyond the July 1, 2026, expiration date.
While this holding directly impacts Syria and Haiti, it also impacts pending litigation for 11 other terminated TPS programs. The Supreme Court further held that lower courts may consider the likelihood that the court has jurisdiction and whether the claim will succeed on the merits. If either consideration is lacking, the court must deny the injunction. This means that pending litigation over the termination of TPS for other countries may be resolved by the lower courts faster, resulting in the loss of employment authorization. Currently, there is pending litigation over the TPS designations for Afghanistan, Burma, Cameroon, Ethiopia, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Venezuela, and Yemen. Further delays of TPS designation termination through litigation are unlikely, and these programs may soon come to an end.
Employers should watch closely for updates from E-Verify on I-9 procedures for employees holding TPS in light of the quickly shifting environment. Employers may consider alternative paths to work authorization for employees impacted by the terminations, including placing employees on a leave of absence while other alternatives are processing. If no alternative pathway exists, employees who cannot present valid, unexpired evidence of work authorization after the expiration of the work authorization extension cannot lawfully continue working without exposing the employer to risk of civil or possibly criminal liability. Consult with an immigration attorney before the TPS programs expire to evaluate options for impacted employees.
