TPS Terminations for Somalia, Burma, and Syria Temporarily Blocked by Federal Courts

While court orders currently preserve Temporary Protected Status protections and work authorization for beneficiaries from all Somalia, Burma, and Syria, each stay is temporary, subject to appeal, and, in the case of Syria, now before the US Supreme Court. Immediate action is required for I-9 compliance.

SOMALIA

Background

On January 14, 2026, DHS published a Federal Register notice terminating Somalia's TPS designation effective March 17, 2026 (91 Fed. Reg. 1547). The decision affects an estimated 1,100 Somali nationals.

Court Order

On March 13, 2026—four days before the scheduled termination—US District Judge Allison D. Burroughs (D. Mass.) issued an administrative stay, temporarily blocking the termination to allow both parties to brief the court on plaintiffs' pending emergency postponement motion. (African Communities Together et al. v. Noem et al., No. 26-cv-11201 (D. Mass.).) The court cited serious risk of detention, family separation, and physical harm if the termination took effect before further briefing. TPS protections and work authorization remain in effect while the stay is active.

Important Caveats

This is an administrative stay only—the court has not yet ruled on the merits of the postponement motion. Expedited briefing is underway. DHS has publicly stated it "vehemently disagrees" with the order and is working with DOJ on next steps, including a potential challenge. Given the government's track record of seeking emergency appellate and Supreme Court relief in similar TPS cases, the stay could be revisited on short notice.

I-9 / EAD Guidance for Employers (Somalia)

Per USCIS guidance:

• EADs under the Somalia TPS designation with original expiration dates of March 17, 2023, September 17, 2024, or March 17, 2026 remain valid per court order.
• Form I-9 Section 1: Employee should enter "as per court order" in the Expiration Date field.
• Form I-9 Section 2: Employer should enter "March 31, 2026" and add a note referencing the court order in the Additional Information box.
• E-Verify: Enter expiration date of "March 31, 2026."
• Employers may attach the USCIS TPS Somalia webpage to the I-9 as supporting documentation.
• Check the USCIS TPS Somalia page regularly for updates, as these dates are subject to change.

BURMA (MYANMAR)

Background

On November 25, 2025, DHS published a Federal Register notice terminating TPS for Burma effective January 26, 2026 (90 Fed. Reg. 53378). Approximately 3,670–4,000 Burmese nationals were affected.

Court Order

On January 23, 2026—three days before the scheduled termination—a federal judge in the US District Court for the Northern District of Illinois issued an order postponing the termination. (Aung Doe et al. v. Noem et al., No. 25-cv-15483 (N.D. Ill.).) The stay is in effect until the court rules on the merits of the case—not indefinitely. Burma TPS protections and work authorization remain valid under the court's order.

Escalation—Government Appeal

On February 11, 2026, defendants filed a motion requesting a stay pending appeal of the district court's postponement order. Plaintiffs opposed that motion on February 23, 2026. The outcome of that appellate motion remains pending and could rapidly alter the status of Burma TPS protections.

I-9 / EAD Guidance for Employers (Burma)

Per USCIS guidance:

• EADs under the Burma TPS designation with original expiration dates of November 25, 2025, May 25, 2024, or November 25, 2022 remain valid per court order.
• Form I-9 Section 1: Employee should enter "as per court order" in the Expiration Date field.
• Form I-9 Section 2: Employer should enter "March 15, 2026" and add a note referencing the court order in the Additional Information box.
• E-Verify: Enter expiration date of "March 15, 2026."
• Employers may attach the USCIS TPS Burma webpage to the I-9 as supporting documentation.
• Monitor the USCIS TPS Burma page closely, particularly given the pending appellate motion.

SYRIA

Background

On September 19, 2025, DHS announced the termination of Syria's TPS designation effective November 21, 2025 (90 Fed. Reg. 45398). Approximately 6,100 individuals held Syria TPS.

District Court Order

On November 19, 2025 — two days before the scheduled termination — a federal judge in the U.S. District Court for the Southern District of New York issued an order staying the termination, finding that the DHS decision likely violated the Administrative Procedure Act. (Dahlia Doe v. Noem, No. 25-cv-8686 (S.D.N.Y.).) DHS immediately appealed.

Critical Development—US Supreme Court Review Granted

On approximately March 16, 2026, the US Supreme Court agreed to hear the administration's challenge to the Syria TPS stay (along with the parallel Haiti TPS case). The Court will hear arguments in April. Critically, the Court declined the administration's request to lift TPS protections immediately while it considers the broader question—meaning that Syrian TPS holders retain their status and work authorization for now. However, a Supreme Court ruling could ultimately allow the termination to proceed, and this case warrants close monitoring. The Second Circuit had previously declined to stay the district court's order.

I-9 / EAD Guidance for Employers (Syria)

Per the most recent USCIS guidance (updated March 17, 2026):

• EADs under the Syria TPS designation with original expiration dates of September 30, 2025, March 31, 2024, September 30, 2022, or March 31, 2021 remain valid per court order.
• Form I-9 Section 1: Employee should enter "as per court order" in the Expiration Date field.
• Form I-9 Section 2: Employer should enter "March 24, 2026" and add a note referencing the court order in the Additional Information box.
• E-Verify: Enter expiration date of "March 24, 2026."
• Employers may attach the USCIS TPS Syria webpage to the I-9 as supporting documentation.
• Given Supreme Court proceedings, USCIS guidance and EAD extension dates may change rapidly. Check the USCIS TPS Syria page frequently.

KEY TAKEAWAYS FOR EMPLOYERS

Employers with TPS beneficiaries from Somalia, Burma, or Syria should:

• Continue to accept valid EADs from employees holding TPS in these categories, using the specific I-9 completion instructions above for each country.
• Refrain from taking any adverse employment action based solely on uncertainty regarding TPS status—doing so could trigger discrimination liability.
• Implement monitoring protocols keyed to the court-ordered EAD dates listed above, with calendar alerts set well in advance of each date to check for updated USCIS guidance.
• Be prepared to act quickly—particularly for Syria, where Supreme Court proceedings could produce a ruling that allows termination to proceed with little transition time.
• Consult immigration counsel before reverifying or otherwise altering I-9 records for affected employees.

LOOKING AHEAD

The TPS programs for Somalia, Burma, and Syria are each subject to ongoing litigation at different stages of the federal court system and the outcome of those proceedings will determine the future of these TPS programs. For Syria, the matter is now before the U.S. Supreme Court, which has agreed to hear the case on an expedited basis. For Burma, a government motion for a stay pending appeal remains unresolved. For Somalia, the district court has ordered expedited briefing on plaintiffs' postponement motion. In each case, the current court-ordered protections are temporary and may be modified, extended, or reversed as the litigation proceeds. We will continue to monitor these matters and issue updates as significant developments arise.