TPS for Haiti and Syria after Mullin: What Employers Need to Know Now

On June 25, 2026, the US Supreme Court issued its decision in Mullin v. Doe, significantly limiting judicial review of Department of Homeland Security decisions to designate, extend, or terminate Temporary Protected Status (TPS). The Court held that most statutory and Administrative Procedure Act challenges to TPS determinations are barred by the Immigration and Nationality Act, substantially narrowing the legal avenues available to challenge future TPS decisions. For employers, the decision has immediate implications for workforce planning and employment verification.

While the ruling directly affects TPS litigation involving Haiti and Syria, it is also likely to influence pending litigation involving several other TPS designations.

WHAT CHANGED?

The Supreme Court’s decision lifted the lower court injunctions that had prevented DHS from implementing TPS terminations for Haiti and Syria. The Court also held that federal courts generally may not review nonconstitutional challenges to TPS designation, extension, or termination decisions.

The ruling does not itself terminate employment authorization for every TPS beneficiary, and employers should continue to follow current DHS and USCIS guidance while preparing for additional agency announcements regarding employment authorization and Form I-9 compliance.

IMMEDIATE EMPLOYER PRIORITIES

• Review Form I-9 records to identify employees whose work authorization documentation expires on or around July 1, 2026 or other upcoming TPS-related expiration dates.
• Monitor USCIS and DHS announcements for updated employment authorization and reverification guidance.
• Prepare for reverification where required, but do not request new documentation before an employee’s current employment authorization expires.
• Evaluate each employee individually; many TPS beneficiaries may possess another form of employment authorization or immigration status independent of TPS.
• Consult immigration counsel before taking adverse employment action based on TPS-related work authorization issues.

COUNTRIES REQUIRING IMMEDIATE ATTENTION

WHAT EMPLOYERS SHOULD NOT DO

• Reverify employees before their current employment authorization expires.
• Request specific documents from employees because they hold TPS.
• Assume that all TPS beneficiaries have lost work authorization.
• Take adverse employment action without first completing the appropriate reverification process and giving the employee an opportunity to present acceptable documentation demonstrating continued work authorization.

Applying reverification procedures consistently remains essential to minimizing discrimination risks under the Immigration and Nationality Act.

LOOKING AHEAD

The Court’s decision will likely accelerate DHS implementation of TPS termination decisions and may affect ongoing litigation involving other TPS designations. Additional USCIS guidance is expected regarding employment authorization documentation and Form I-9 compliance for affected employees.

Employers with TPS beneficiaries in their workforce should continue monitoring agency announcements and consult immigration counsel as developments occur.

For a detailed discussion of the Supreme Court’s decision, country-specific analyses, and comprehensive employer compliance guidance, be on the lookout for our upcoming accompanying Practice Advisory, After Mullin: A Practical Guide for Employers with TPS Workers.