After Mullin: A Practical Guide for Employers with TPS Workers

The US Supreme Court’s June 25, 2026 ruling in Mullin v. Doe, 609 U.S. ___ (2026), reshapes Temporary Protected Status law overnight. This alert tells employers what changed, what it means for their workforce, and what to do before and after July 1.

Important Disclosure: This alert distinguishes established legal facts from reasonable inferences. Inferences are labeled ⚠ Inference and represent our assessment of likely consequences and not-yet-confirmed agency guidance. The law is changing rapidly: employers should monitor USCIS.gov daily and consult immigration counsel before taking any employment action affecting TPS workers. This alert discusses general employer compliance obligations. Individual employees may possess independent employment authorization or other immigration status not reflected by TPS documentation alone. Employers should evaluate each affected employee’s situation individually before taking any adverse employment action.

EXECUTIVE SUMMARY

On June 25, the US Supreme Court issued its ruling in Mullin v. Doe (consolidated with Trump v. Miot), Nos. 25-1083 and 25-1084. By a 6-3 vote, the Court held that federal courts are barred by statute from reviewing nonconstitutional challenges to the Secretary of Homeland Security’s decisions to designate, terminate, or extend Temporary Protected Status (TPS). The Court simultaneously reversed the lower court injunctions that had blocked TPS terminations for Haiti and Syria.

The immediate legal effect: the injunctions blocking Haiti and Syria TPS terminations are lifted. The broader structural effect: the primary legal theory used in courts across the country to block TPS terminations for Burma, Ethiopia, Somalia, South Sudan, Yemen, Honduras, Nicaragua, and Nepal (Administrative Procedure Act (APA) arbitrary-and-capricious review) is now foreclosed.

This alert also addresses Venezuela separately. Venezuela’s TPS history predates the Mullin ruling and has its own distinct procedural posture: both the 2021 and 2023 designations were terminated by prior Supreme Court and DHS action, but a court-ordered exception preserves work authorization for a defined subset of holders through October 2, 2026.

Several designations, notably El Salvador, Ukraine, Sudan, and Lebanon, remain in effect under their current timelines with no pending termination notice and are not directly affected by Mullin. However, these designations are subject to expiration on their own terms later this year: El Salvador on September 9, Ukraine and Sudan on October 19, and Lebanon on November 27. Absent further DHS action to extend them, work authorization under these designations will lapse on those dates.

THE SUPREME COURT DECISION IN DETAIL

Background

TPS was established by the US Congress in the Immigration Act of 1990 (8 USC § 1254a) to provide temporary humanitarian protection for nationals of countries experiencing armed conflict, natural disasters, or other extraordinary conditions. The statute grants the Secretary of Homeland Security authority to designate, extend, and terminate TPS. It also contains a judicial review bar providing that “[t]here is no judicial review of any determination of the [Secretary] with respect to the designation, or termination or extension of a designation, of a foreign state.” 8 USC § 1254a(b)(5)(A).

When former DHS Secretary Kristi Noem announced TPS terminations for Syria (September 2025, 60-day notice) and Haiti (November 2025, effective February 3, 2026) TPS holders from both countries filed federal suit under the APA, and in the Haiti case under the Equal Protection Clause. District courts in the Southern District of New York (Syria) and the District of Columbia (Haiti) granted stays. The Second and DC Circuits declined to lift them. The Supreme Court granted certiorari before judgment and consolidated the two cases.

The Court’s Holdings

• Holding 1: Nonconstitutional Challenges to TPS Terminations Are Barred – The judicial review bar in 8 USC § 1254a(b)(5)(A) forecloses all nonconstitutional challenges to TPS determinations, including APA procedural challenges (e.g., failure to consult agencies), arbitrary-and-capricious claims, and all other statutory challenges. The term “determination” encompasses both the Secretary’s final decision and all subsidiary decisions leading to it. The Court rejected the argument that the bar applies only to substantive but not procedural challenges.
• Holding 2: The Equal Protection Claim Was Unlikely to Succeed – The Haitian plaintiffs argued that the termination of Haiti’s TPS designation was motivated by racial animus. Applying heightened scrutiny, the Court held that the plaintiffs were unlikely to succeed on the merits. The majority concluded that the cited statements expressed policy views capable of race-neutral justification, and that none was overtly racial. The Court further observed that the plaintiffs’ own argument—that the administration had terminated every TPS designation that came up for renewal—itself provided a race-neutral explanation for the Haiti decision.

The Dissent

Justice Kagan dissented, joined by Justices Sotomayor and Jackson. On the judicial review question, the dissent argued the majority read the statutory bar too broadly. On the equal protection question, the dissent argued that evidence of discriminatory purpose was apparent in statements made by the president and that the majority’s characterization of those statements as race-neutral was not supportable.

HAITI AND SYRIA: IMMEDIATE EMPLOYER IMPLICATIONS

Current Status of Injunctions

The Supreme Court’s ruling reversed and remanded both cases. The lower court injunctions that maintained TPS protections for Haiti and Syria are lifted. Prior to the Mullin ruling, USCIS confirmed that TPS-based Employment Authorization Documents (EADs) for Haiti, Syria, Yemen, Ethiopia, Somalia, South Sudan, and Burma were administratively extended through July 1, 2026, based on prior court orders. USCIS instructed employers to record that date in the Additional Information box of Form I-9 (“as per court order” in Section 1; “July 1, 2026” in Section 2).

USCIS Guidance Gap — Critical Uncertainty

As of the date of this alert, USCIS has not published updated I-9 or E-Verify guidance reflecting the post-ruling status of Haiti and Syria EADs. The July 1, 2026 placeholder date currently on I-9 records was established by USCIS after the now-lifted court orders. The following remains unresolved:

• Whether the July 1, 2026 placeholder date is now the operative EAD expiration date for those individuals and their I-9 forms
• Whether DHS will issue a Federal Register notice establishing a new compliance date with a winddown period
• Whether and when USCIS will publish updated Form I-9 and E-Verify instructions
• What grace period, if any, will be provided before EADs are treated as expired

⚠ Inference: Based on prior TPS termination practice (most relevantly, Venezuela in October 2025), DHS typically issues a Federal Register notice and USCIS issues accompanying employer guidance specifying effective dates. We expect such guidance to issue in the near term, possibly before July 1, 2026, but this is not confirmed. Employers should monitor USCIS.gov daily and be prepared to reverify by July 1 if no guidance has issued by that date.

How to Handle Haiti and Syria I-9 Records Right Now

Phase 1: Now Through June 30, 2026

TPS-based EADs for Haitian and Syrian employees (and employees from Yemen, Ethiopia, Somalia, South Sudan, and Burma) with a July 1, 2026 date recorded on Form I-9 remain facially valid through June 30, 2026. Do not reverify or demand new documents before that date. Reverifying a document that has not yet legally expired is possible document abuse under 8 USC § 1324b.

Phase 2: July 1, 2026 and Beyond — Reverify Absent Superseding Guidance

On July 1, 2026, absent superseding USCIS, DHS, Federal Register, or court guidance extending employment authorization, employers should treat TPS-based Haiti, Syria, Yemen, Ethiopia, Somalia, South Sudan, and Burma EADs as expired and conduct reverification. The prior July 1 date was set by USCIS in administrative guidance following court orders that have now been vacated, and no independent statutory or regulatory automatic extension extends Haiti or Syria TPS-based EADs beyond that date.

Employees have no affirmative duty to self-report a loss of work authorization—the obligation to reverify rests with the employer. Employees must be given the opportunity to present a different, unexpired document or combination of documents from the Form I-9 Lists of Acceptable Documents establishing current work authorization; the expiring TPS-based EAD card may not be used for this purpose.

Employers should not terminate based solely on TPS nationality or country of origin. An employee who cannot present valid, unexpired evidence of work authorization after reverification cannot lawfully continue working. Continuing to employ that individual may expose the employer to significant liability under INA § 274A, including civil penalties and, in egregious cases, potential criminal sanctions.

Required Steps on or Before July 1, 2026

• Review Form I-9 records for all employees and identify those with a work authorization expiration date of July 1, 2026 recorded in Section 2 or the Additional Information box. Those employees will require reverification on July 1.
• Monitor USCIS.gov daily through June 30 for any guidance that extends or replaces the July 1 date. If new guidance issues before July 1, follow that guidance.

Required Steps on or After July 1

• Conduct reverification: complete Supplement B of the current Form I-9. The employee must present a new List A or List C document demonstrating current work authorization. Do not accept the expired TPS-based EAD as a reverification document.
• Before terminating any employee, complete reverification and give the employee an opportunity to present a valid List A or List C document.
• If the employee cannot present valid, unexpired evidence of work authorization after reverification, the employer may not continue employment consistent with INA § 274A, 8 USC § 1324a. Continuing to employ that individual may expose the employer to liability. Document the reverification attempt and outcome. Apply this process uniformly—inconsistent application by TPS country or national origin creates additional § 1324b exposure.
• If you are an E-Verify employer, run the Status Change Report (the primary employer notification mechanism DHS used following the termination of the CHNV parole program) to identify employees whose TPS-based EADs have been revoked or flagged as expiring. During the CHNV parole program termination, DHS instructed E-Verify employers to use the Status Change Report to identify affected employees and issued related employer guidance. While DHS has not yet issued comparable guidance for Haiti and Syria TPS following Mullin, employers should closely monitor E-Verify and USCIS communications in the days surrounding July 1 as similar instructions may be issued. Do not create a new E-Verify case for an existing employee solely because TPS-based work authorization expires. Follow any DHS or USCIS instructions regarding E-Verify updates if and when they are issued.
• Consult immigration counsel before any termination of employment for failure to produce work authorization documents.

VENEZUELA: A DISTINCT POSTURE REQUIRING SEPARATE ANALYSIS

Overview

Venezuela’s TPS history is more complex than any other country’s and must be analyzed separately. There are two distinct TPS designations for Venezuela—the 2021 designation and the 2023 designation—each with different termination dates, litigation histories, and work authorization consequences. Both have been terminated, but a narrowly defined category of holders retains valid work authorization through October 2, 2026.

The 2021 Venezuela TPS Designation

The 2021 designation was terminated by DHS Federal Register notice (90 Fed. Reg. 43225, Sept. 8, 2025) effective November 7, 2025. No court order has blocked or stayed this termination as of the date of this alert. Work authorization under the 2021 designation has lapsed for most holders with one limited exception: TPS holders who reregistered under the January 17, 2025 extension notice and timely filed a Form I-765 EAD renewal (with a USCIS receipt notice dated before February 6, 2025) may have an automatic 540-day extension running from the original EAD expiration date printed on their card.

For EADs with a printed expiration of September 10, 2025, the 540-day auto-extension would run through approximately October 2, 2026. Employers should examine the specific EAD card expiration date and receipt notice date to determine whether any 540-day extension applies.

The 2023 Venezuela TPS Designation

The 2023 designation has a more complex litigation history. The Biden administration extended TPS for Venezuela under the 2023 designation through October 2, 2026. Secretary Noem moved to terminate that designation in February 2025. After a district court order temporarily blocked the termination, on October 3, 2025 the Supreme Court allowed the termination to take immediate effect. The 2023 designation is therefore terminated.

On May 30, 2025, however, the US District Court for the Northern District of California issued a narrowly tailored order preserving work authorization for a defined class: TPS beneficiaries who received TPS-related EADs, Forms I-797, or Forms I-94 with an October 2, 2026 expiration date on or before February 5, 2025 (the date DHS announced the termination of the 2023 designation). This class of individuals retains work authorization through October 2, 2026, subject to any further litigation developments.

Employer I-9 Obligations for Venezuela TPS Holders

Three Categories of Venezuelan TPS Holders — Each Requires Separate Analysis

Category 1 — Work Authorization Valid Through Oct. 2, 2026: The employee received TPS-related documentation (EAD, Form I-797, or Form I-94) with an October 2, 2026 expiration date on or before February 5, 2025. These employees have valid work authorization through October 2, 2026. Employers should update I-9 records consistent with USCIS guidance for this class. Reverify on or before October 2, 2026.

Category 2 — Possible 540-Day Auto-Extension: The employee is a 2021 designation holder or 2023 designation re-registrant who timely filed an EAD renewal (Form I-765) with a USCIS receipt notice dated before February 6, 2025. The 540-day auto-extension may apply depending on the original EAD expiration date. Consult immigration counsel and check USCIS guidance for this employee’s specific situation before making any I-9 determination.

Category 3 — Work Authorization Expired: The employee does not fall into Category 1 or 2, and thus TPS and related work authorization have lapsed. The employee is not authorized to work based on TPS. Employers should confirm the employee has no other valid basis for work authorization before taking employment action and should consult counsel.

Impact of Mullin on Venezuela

Because both Venezuela TPS designations were already terminated before Mullin was decided—one by DHS Federal Register notice and one by Supreme Court emergency order—the Mullin ruling does not change the termination status of Venezuela TPS directly. However, Mullin does affect ongoing Venezuela-related litigation in the Ninth Circuit by foreclosing APA-based challenges to those termination decisions. The court-ordered preservation of work authorization for the Category 1 class (October 2, 2026 exception) is based on a district court order that may face further government challenge in light of Mullin.

⚠ Inference: The government may seek to dissolve the May 30, 2025 district court order preserving Category 1 work authorization in light of Mullin’s holding that APA-based challenges to TPS determinations are barred. If that order were dissolved, the October 2, 2026 work authorization for Category 1 holders could be at risk. This has not occurred as of this alert, and the order currently remains in effect. Employers with Category 1 Venezuela employees should monitor Ninth Circuit proceedings closely.

ALL OTHER TPS COUNTRIES: STATUS AND STRATEGIC IMPACT

Countries with Court-Stay Protections Currently in Place

The following countries had their TPS terminations blocked by district court injunctions that remain technically in place as of the date of this alert: Burma, Ethiopia, Somalia, South Sudan, and Yemen. Work authorization for TPS holders from these countries remains valid under the court orders, but these orders are now at serious legal risk in light of Mullin.

The injunctions in Burma, Ethiopia, Somalia, South Sudan, and Yemen cases were issued primarily on APA grounds, which is the same legal theory the Supreme Court has now held is unavailable in TPS cases. The government is expected to seek dissolution of those injunctions in light of Mullin.

Yemen requires particular attention. Secretary Noem terminated Yemen TPS effective May 4, 2026. Three days before the effective date, the US District Court for the Southern District of New York issued a stay in Doe v. Noem, Nos. 26-cv-2013 and 26-cv-2280 (S.D.N.Y.), on APA grounds. USCIS subsequently extended Yemen EADs with original expiration dates of March 3, 2023, September 3, 2024, and March 3, 2026 by court order and instructed employers to enter “as per court order” in Section 1 of Form I-9 and “July 1, 2026” in Section 2.

Yemen employees therefore carry the same July 1, 2026 date on their I-9 records as Haiti and Syria employees, and the reverification obligations apply equally to them. Ethiopia, Somalia, South Sudan, and Burma employees are in the same position: USCIS has confirmed that employers should enter “July 1, 2026” in Section 2 of Form I-9 for all four designations. Accordingly, the July 1 reverification obligations described above apply equally to Haiti, Syria, Yemen, Ethiopia, Somalia, South Sudan, and Burma employees.

⚠ Inference: Courts will be required to reassess their jurisdiction in light of Mullin; whether and how quickly individual courts act remains to be determined. Employers with employees from these countries should be prepared for rapid changes in work authorization status.

Countries Where Ninth Circuit Already Stayed Lower Court Orders

For Honduras, Nicaragua, and Nepal, the Ninth Circuit in February 2026 again stayed the district court orders that had vacated the TPS terminations, finding the government was likely to succeed on the merits. TPS for these countries has been terminated for purposes of work authorization, but litigation continues in the Ninth Circuit.

Mullin materially affects the available grounds of review in those cases: the Ninth Circuit’s earlier finding that the government was likely to succeed was made before the Supreme Court’s ruling foreclosing APA-based challenges, and the scope of any remaining viable claims is now substantially narrower.

⚠ Inference: Work authorization for Honduras, Nicaragua, and Nepal TPS holders lapsed at their respective termination dates (September 8, 2025 for Honduras and Nicaragua and August 5, 2025 (effective August 20, 2025) for Nepal) subject to any applicable EAD auto-extensions. However, on December 31, 2025, a district court in the Northern District of California vacated all three terminations, temporarily restoring TPS protections. On February 9, 2026, the Ninth Circuit stayed that order, reterminating TPS for all three countries. Employers should assess whether any I-9 changes were made to employee records between December 31, 2025 and February 9, 2026 and confirm the current status of each affected employee with immigration counsel before taking any employment action.

Countries with Active Designations

The following countries have active TPS designations with no current pending termination notice and their status is not directly altered by Mullin:

• El Salvador: Active through September 9, 2026. EADs for re-registrants with pending renewals may be auto-extended.
• Ukraine: Active through October 19, 2026. EADs for re-registrants with pending renewals may be auto-extended.
• Sudan: Active through October 19, 2026. EADs for re-registrants with pending renewals may be auto-extended.
• Lebanon: Automatically extended for six months through November 27, 2026. DHS Secretary Mullin did not act before the statutory deadline, triggering the automatic extension provision in 8 USC § 1254a(b)(3)(A).

⚠ Inference: Mullin does not endanger these active designations by its own force. However, under the Court’s ruling, TPS termination decisions are not subject to nonconstitutional judicial review, substantially limiting the available avenues of challenge to constitutional claims as identified by the Court. Employers with employees on El Salvador, Ukraine, Sudan, or Lebanon TPS should treat those workers’ status as subject to change at each TPS renewal cycle with little or no judicial remedy available.

Comprehensive TPS Country Status Table

The following table summarizes the known status of all TPS countries as of June 26, 2026. This is subject to rapid change. Always verify with USCIS.gov and consult immigration counsel for employee-specific guidance.

EMPLOYER ACTION PLAN

Immediate Steps (This Week)

• Review Form I-9 records for all employees and identify those with approaching or passed work authorization expiration dates. The expiration date in Section 2 or the Additional Information box is the sole permissible trigger for reverification. Employers should not attempt to affirmatively identify TPS-affected employees by immigration status category or country of origin—there is no category code box on the Form I-9, and sorting employees by immigration status or country of origin creates exposure. Unless an employee has voluntarily self-identified as a TPS holder, the employer’s only permissible action is to reverify when the expiration date on the I-9 is reached.
• Build a TPS tracking log by country: Once affected employees are identified through I-9 expiration date review, document each employee's country, designation year (for Venezuela), known EAD expiration date, and any applicable court order or auto-extension date. Track reverification status and outcomes.
• Venezuela employees: Immediately categorize each Venezuela TPS employee into one of the three categories described above. Consult immigration counsel for any Category 2 (540-day auto-extension) situations.
• Enroll in USCIS GovDelivery alerts at USCIS.gov for all TPS countries where you have employees.

What Employers Must NOT Do

• Do NOT reverify or request new documents from TPS employees whose EADs have not yet legally expired. Reverification of unexpired or court order–extended EADs constitutes potential document abuse under 8 USC § 1324b.
• Do NOT terminate employees based solely on TPS country of origin without first completing reverification and giving the employee an opportunity to present alternative work authorization documents. This applies regardless of whether the EAD has expired.
• Do NOT rely on the printed date on an EAD card alone. Many TPS EADs have been administratively extended by court order or auto-extension beyond the card face date. Always cross-reference current USCIS guidance.
• Do NOT assume TPS termination automatically ends work authorization on the same date. USCIS typically establishes a separate employment authorization end date, which may differ from the TPS termination date.
• Do NOT treat employees from all TPS countries the same way. Each country has a different status, different termination date, and different current USCIS guidance.

Haiti/Syria July 1 Deadline

The July 1, 2026 placeholder date recorded on Haiti, Syria, Yemen, Ethiopia, Somalia, South Sudan, and Burma I-9 records is currently the operative deadline; monitor for superseding guidance through June 30; reverify on July 1 absent such guidance.

⚠ Inference: If no superseding guidance has been issued by July 1, 2026, employers who continue employing an individual who cannot establish continuing work authorization after reverification may face liability under INA § 274A, 8 USC § 1324a. Consult immigration counsel before taking any termination action resulting from a failed reverification.

Longer-Term Workforce Planning

• Assess whether affected employees have an alternative pathway to work authorization, including employer-sponsored immigrant petitions. For employers who have not yet conducted this analysis, it should begin immediately. Where a viable option exists, employers may consider placing the affected employee on a leave of absence while the alternative is pursued. These processes have significant lead times; consult immigration counsel now to determine which employees have viable options and on what timeline.
• Identify employees with other existing immigration status or pending petitions that provide independent work authorization.
• Review WARN Act obligations (29 USC §§ 2101 et seq.) if potential TPS-related reductions may exceed 50 employees at a single site within a 30-day period.
• Document all compliance steps and internal communications for potential USCIS or ICE audit response.

LEGISLATIVE AND JUDICIAL OUTLOOK

The House of Representatives has passed legislation that would extend TPS status for Haitian nationals. That bill faces an uncertain path in the Senate, and the administration has signaled opposition. No legislative resolution is anticipated in the near term.

The Supreme Court remanded Haiti and Syria cases to the lower courts. Those courts will adjudicate remaining claims consistent with Mullin's holdings. The Court substantially narrowed available avenues of review. Constitutional claims—including those not yet resolved by the Supreme Court—appear to remain available, albeit the precise scope of future litigation in those courts remains uncertain.

⚠ Inference: The range of viable constitutional claims remaining after Mullin is narrow. Absent a new constitutional theory, further judicial relief for Haiti and Syria TPS holders at the district court level is unlikely to restore broad TPS protections. The Supreme Court’s rejection of the equal protection claim, while not a final merits ruling, significantly narrows that avenue as well.

Key Resources

• USCIS TPS Main Page
• USCIS Haiti TPS Page
• USCIS Syria TPS Page
• USCIS Venezuela TPS Page
• E-Verify TPS guidance and Status Change Report
• Supreme Court Opinion (Mullin v. Doe, 609 U.S. ___ (2026))
• Federal Register

Supplemental alerts will be issued as USCIS and DHS publish updated guidance.

This LawFlash reflects the law as of June 26, 2026. Given the rapidly evolving situation, clients are urged to consult with immigration counsel for guidance specific to their workforce and circumstances.