On June 25, 2026, the Supreme Court of the United States issued a decision in a case about Temporary Protected Status (TPS) with imminent implications for recipients of TPS from Haiti and Syria, as well as near-term implications for all TPS holders from countries whose designations have been terminated during the Trump Administration.
The case, Mullin v. Doe, authored by Justice Alito, held that the judicial branch does not have the power to review an administration’s decision to end TPS for any country. The Court also rejected a constitutional challenge brought by Haitian TPS holders who argued that Haiti’s designation was terminated on the basis of race, finding that the evidence presented was insufficient to prove racism was a motivating factor in the decision.
Employers of Haitian and Syrian TPS holders have only days to act, with both groups’ work authorization set to expire next Wednesday, July 1. Today’s ruling will almost certainly accelerate the resolution of pending challenges to the Administration’s decisions to end work authorization and status for other TPS-designated countries. As such, other employees with TPS will also likely see their work authorization end in the coming weeks and months.
Background on TPS Terminations
Temporary Protected Status was added to the Immigration and Nationality Act in 1990, and allows the Department of Homeland Security (DHS) to provide status and work authorization, on a renewable basis, to nationals of countries experiencing war, natural disaster, or other conditions that prevent that country’s nationals from returning home. The Trump Administration has been active in terminating TPS designations for countries that have had their TPS designation renewed multiple times.
Mullin v. Doe involved the DHS Secretary’s termination of TPS designation for Syria in September of 2025 and for Haiti in November 2025. Nationals from both countries filed suit in federal district court, and both courts issued preliminary injunctions temporarily blocking the terminations from taking effect. These injunctions also provided that TPS holders could continue working while the cases proceed.
The government appealed these injunctions, and the Supreme Court agreed to hear the challenges in a single consolidated case. Yesterday, the Court reversed the lower court injunctions and allowed the DHS to proceed with termination of TPS designation for these two countries, and by its holding also instructed federal courts to limit their future review of TPS terminations.
Why Further Legal Challenges Are Unlikely to Succeed
The Court resolved two key questions. First, it ruled that federal courts have no power to review any aspect of a TPS termination decision, not the outcome, and not the process used to reach it. Second, it rejected a discrimination claim brought by Haitian TPS holders who argued that Haiti’s designation was terminated because of racial bias. The Court found that the Administration’s simultaneous termination of thirteen countries’ TPS designations was a sufficient race-neutral explanation and did not engage with the specific evidence of discriminatory intent the plaintiffs presented. The bottom line for employers: the terminations of TPS for Haiti and Syria will take effect, and no court will step in to stop them.
What This Means for Employers
USCIS has been directing employers to use July 1, 2026, as the TPS expiration date for both Haitian and Syrian employees on Form I-9 and in E-Verify. With no further court intervention expected, that date is now effectively final.
E-Verify Participants
Employers enrolled in E-Verify may receive notifications from DHS flagging employees who may no longer be authorized to work. Employers should ensure their E-Verify coordinators are monitoring the system closely in the days surrounding July 1 and are prepared to respond to any such notifications promptly.
Assess Whether Alternative Work Authorization Exists
Employers should assess whether their affected employees have an alternative pathway to work authorization, if they haven’t already. Where that possibility exists, employers may consider placing the affected employee on a leave of absence while the alternative is pursued. Employers should consult with immigration counsel now to determine which employees, if any, have viable options and on what timeline.
Reverification Requirements
Employees have no affirmative duty to self-report a loss of work authorization. Rather, employers have the obligation to reverify employees who will lose work authorization by completing Supplement B of the current Form I-9. Following the Supreme Court’s decision, an employee cannot present their expiring TPS Employment Authorization Document (EAD) for this purpose. Instead, the employee must present a different, unexpired document or combination of documents from the Form I-9 Lists of Acceptable Documents establishing current work authorization.
When No Alternative Pathway Exists
An employee who cannot present valid, unexpired evidence of work authorization after July 1 cannot lawfully continue working. Continuing to employ that individual creates serious civil and potentially criminal exposure for the company.
TPS Holders from Other Countries
The Trump Administration has terminated TPS designations for 13 countries in total. Today’s ruling makes clear that none of those terminations can be blocked or delayed through judicial review. While some terminations remain subject to pending litigation, it is unlikely that these cases will result in a court order extending work authorization deadlines. Congressional intervention, while theoretically possible, is not a realistic prospect. Employers should therefore treat current expiration dates for all terminated TPS designations as final and should review their workforce ahead of time to plan for these terminations and mitigate the loss of these employees on the business.
Conclusion
The Mullin v. Doe decision brings a measure of legal clarity, but it compresses the timeline for employer action significantly. If your organization employs Haitian or Syrian TPS holders, or employees from any other TPS-designated country, please reach out to your Klasko attorney for help to assess your workforce, prioritize reverification, evaluate alternative immigration options, and develop a defensible compliance protocol for the days ahead.
The material contained in this post does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
© 2026 Klasko Immigration Law Partners, LLP. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Klasko Immigration Law Partners, LLP. For permission, contact info@klaskolaw.com.
