Court Takes Action on Haiti TPS Termination Plus Other TPS Updates

A federal judge in Washington, D.C. has confirmed that the court order previously preventing the termination of Temporary Protected Status (TPS) for Haiti is no longer in effect following the U.S. Supreme Court’s decision in Mullin v. Doe.

On August 5, 2026, Judge Ana C. Reyes of the U.S. District Court for the District of Columbia issued an order acknowledging that the Supreme Court’s June 2026 decision reversed the court’s earlier February 2026 ruling, which had stayed the Department of Homeland Security’s (DHS) termination of Haiti’s TPS designation. As a result, the injunction blocking implementation of the TPS termination has been lifted.

Termination of Haiti TPS

The underlying litigation challenges DHS’s decision to terminate Haiti’s TPS designation. That designation has provided eligible Haitian nationals with temporary protection from removal, as well as employment authorization in the United States.

Following the Supreme Court’s decision in Mullin v. Doe, the U.S. Court of Appeals for the D.C. Circuit remanded the case to the district court for further proceedings consistent with the Supreme Court’s ruling. Judge Reyes’ August 5 order formally confirms that the February 2026 injunction is no longer in effect, allowing DHS’s termination of Haiti’s TPS designation to move forward unless further court action is taken. 

What Happens with the Litigation Now 

The litigation remains ongoing although the injunction has been lifted. 

The plaintiffs do not intend to file an amended complaint.  The district court also declined the government’s request to pause discovery.  As such, the court directed both parties to submit a joint proposal outlining next steps and case deadlines.  

What This Means for Employers 

Employers should be aware of the following: 

• The injunction has been lifted. DHS is no longer prevented by the February 2026 court order from implementing the termination of Haiti’s TPS designation. 

• Continue monitoring agency guidance. Employers should closely watch for announcements from DHS and USCIS regarding the effective date of the TPS termination, employment authorization document (EAD) validity, and any automatic extensions or transition guidance. 

• Prepare for workforce impacts. Employers with Haitian TPS beneficiaries should assess their workforce and be prepared to address potential employment authorization and I-9 compliance issues as additional guidance is released. 

Other TPS Updates 

USCIS has issued notices extending the “placeholder” dates for the I-9 and E-Verify work authorization expirations for the following TPS designations: 

• Somalia – placeholder date as of August 5^th has moved to August 10, 2026 

• Burma – placeholder date as of August 3^rd has moved to August 7, 2026 

• South Sudan – placeholder date as of August 6^th has moved to August 10, 2026 

• Ethiopia – placeholder date as of August 6^th has moved to August 19, 2026 

USCIS has issued notifications to terminate the following TPS designations based on the Supreme Court decision in Mullin v. Doe: 

• Syria was noted by USCIS as ended July 27, 2026; however the lower court has yet to issue an order 

• Yemen was noted by USCIS to end July 24, 2026 and then after such date and the lower court order, USCIS issued a notice that ended TPS July 20, 2026. 

Following the litigation Venezuelan Association of Massachusetts v. USCIS, TPS beneficiaries from El Salvador, Sudan, and Ukraine who had received 540-day automatic EAD extensions are subject to the one-year validity limitation: 

• El Salvador, Sudan, and Ukraine: For those without an EAD card issued for the TPS period of time (El Salvador September 9, 2026; Sudan and Ukraine October 19, 2026), a federal district court in Venezuelan Association of Massachusetts v. USCIS on August 5 issued an order declining declined to enjoin a government policy that ended the validity of TPS employment authorization. The court’s decision means that USCIS may now enforce its planned termination of employment authorization for these TPS beneficiaries, which was originally set for July 22, 2026 but was previously extended by court order through August 5, 2026. 

WR Immigration will continue to monitor developments and provide updates as additional information becomes available. If you have questions about this alert or its impact on your workforce, please contact your WR Immigration attorney or a member of the WR Immigration team.