On June 25, 2026, the U.S. Supreme Court ruled 6-3 in Mullin v. Doe in favor of the Department of Homeland Security’s (DHS) ability to terminate temporary protected status (TPS) for Haitian and Syrian nationals, reversing lower court orders to extend their status and work authorization. The Court’s decision permits the DHS to proceed with the termination of TPS for foreign nationals of Haiti and Syria, potentially impacting over 350,000 work-authorized individuals. Employers should review the impact of this decision on their employment verification obligations.
Although this case was specific to Haitian and Syrian TPS beneficiaries, the decision is expected to impact ongoing litigation involving the termination of other TPS designations for Burma, Ethiopia, Yemen, South Sudan, and Somalia.
Legal Background
TPS serves as a legal safeguard for foreign nationals from designated countries facing dangerous circumstances, such as ongoing conflict or natural disasters. This program permits eligible individuals to reside and work legally in the United States, providing temporary protection against deportation.
DHS designated Haiti for TPS in 2010 after a catastrophic earthquake and Syria in 2012 due to the conditions arising from the ongoing civil war. Last year, DHS announced the termination of several TPS designations. DHS announced that TPS would end on November 21, 2025, for Syria, and on February 3, 2026, for Haiti. However, TPS beneficiaries from both countries contested the terminations through lawsuits filed in federal district courts, and the courts issued orders temporarily preventing the TPS terminations and extending related work authorization while the lawsuits progressed. The appeals court in each case declined to stay those orders, resulting in the Supreme Court's decision to consolidate the cases and grant review. The Supreme Court’s 6-3 decision held that the TPS statute bars judicial review of nonconstitutional challenges to the Administration’s decision to end a country’s TPS designation. In its decision, the Court also rejected an equal protection claim from Haitian TPS holders, who argued that the termination of Haiti’s TPS designation was racially motivated. The ruling in Mullin v. Doe reversed lower court orders to extend TPS and related work authorization for Haitian and Syrian TPS beneficiaries, confirming that DHS could proceed with terminating TPS benefits while litigation continues.
What Employers Should Know
DHS previously advised that employers should use July 1, 2026, as a placeholder expiration date on Form I-9 and in E-Verify for court-extended TPS Employment Authorization Documents (EADs). DHS and E-Verify have issued updated guidance directing employers to use July 10 as the expiration date for I-9 and E-Verify purposes for EADs related to TPS for Haiti, Syria, Burma, Ethiopia, Yemen, South Sudan, and Somalia. DHS describes the extension as limited relief until the lower courts align with the Supreme Court order.
Employers should actively monitor agency announcements for updated guidance to confirm when the court-ordered EAD extensions will end. Note that DHS may wait until the last day to announce further extension beyond July 10, if any.
Employees are not required to self-report a loss of work authorization; therefore, employers must remain vigilant to fulfill their legal obligation to reverify employees who lose their work authorization by completing Supplement B of the current Form I-9.