Supreme Court Clears the Way for TPS Terminations: Employers Must Prepare Now

On June 25, 2026, the U.S. Supreme Court of the United States issued a significant decision involving Temporary Protected Status (TPS) for Haiti and Syria that has immediate consequences for U.S. employers.

In a 6-3 decision, the Supreme Court in Mullin v. Doe held that federal courts generally may not review the Department of Homeland Security’s (DHS) determinations to designate or terminate Temporary Protected Status (TPS) on non-constitutional grounds, clearing the way for DHS to end TPS for Haiti and Syria, as well as for several other countries in which litigation is currently pending over determinations by DHS to terminate TPS designations and work authorization.

For employers, this is not simply another immigration policy change. This is a workforce continuity and planning issue.

Immediate Business Impact

The decision allows DHS to move forward with terminating TPS protections for thousands of Haitian and Syrian nationals who have been authorized to live and work in the United States while conditions in their home countries remained unsafe.

USCIS has been issuing guidance for employers, stating that they are to use July 1, 2026 as the TPS expiration date for Haitian and Syrian employees when completing Form I-9 as well as E-Verify.  There likely will not be any further court intervention and we are anticipating additional guidance from DHS shortly.  Affected Haitian and Syrian employees will lose both their employment authorization and protection from removal from the United States unless they qualify for another immigration status or work authorization.

For many employers, the impact could be sudden. Long-term, highly valued employees may no longer be authorized to work, creating compliance risks, staffing shortages, and operational disruption.

What Employers Should Do Now

With this Supreme Court decision and an expectation that DHS will provide additional guidance, employers should act proactively rather than wait for employees to raise concerns.

Key steps include:

• Identify affected employees while maintaining confidentiality and avoiding discriminatory practices.  In addition to Haiti and Syria which have been directly affected by the Supreme Court’s decision, there are several other countries whose TPS designations have been terminated by the current Administration.  Based on this decision today, it is clear that none of the TPS designation terminations will be blocked or even delayed further through judicial review.  Employers should review the current expiration dates for all terminated TPS designations and consider such termination dates to be final.  Review the list of such employees in order to prepare a business operations plan for the eventual and possibly sudden loss of such workers.
• Review Form I-9 records to determine which employees rely on TPS-based Employment Authorization Documents (EADs), especially Haiti and Syria at this time given this Supreme Court decision. 
• Prepare for reverification. Employers have an obligation to reverify employees’ work authorization prior to the end of the current period of work authorization by completing Supplement B.  As a result of this Supreme Court decision, an employee will not be able to present their expiring TPS Employment Authorization Document (EAD) to show continued work authorization.  The individual will need to show an alternative work authorization document from the Form I-9 List of Acceptable Documents. While USCIS had posted online and in prior announcements an expiration date of July 1, 2026, that is a placeholder expiration date. The lower courts still need to take action to lift the injunctions that had permitted the continued work authorization for Haiti and Syria TPS. It is anticipated that this could take approximately 32 days or so, depending on the court proceedings. Until such action is taken by the lower courts, the individuals’ work authorization based on TPS remain valid. Employers will need to keep watch on the actions by the lower courts in order to know when the work authorization will, in fact, be terminated.
• Communicate carefully. Managers and HR professionals should understand that employment decisions must be based on actual work authorization requirements and not assumptions about an employee’s nationality or immigration status.

Explore Alternative Immigration Options

For some employees, TPS may not be the end of the road.

Employers should promptly evaluate whether affected workers may qualify for alternative employment authorization or immigration pathways, including:

• H-1B specialty occupation status
• L-1 intracompany transfers
• O-1 extraordinary ability visas
• Employment-based permanent residence
• Adjustment of status through family or employment
• Other humanitarian or country-specific relief where available

The sooner employers identify viable alternatives, the greater the likelihood of avoiding interruptions in employment.

Workforce Planning Is Now an Immigration Strategy

This decision underscores a broader trend: humanitarian immigration programs have become increasingly vulnerable to litigation and policy changes. Employers can no longer assume that temporary work authorization programs will remain in place while legal challenges unfold.

Corporate immigration compliance increasingly requires strategic workforce planning. Organizations should regularly assess which employees depend on temporary immigration programs and develop contingency plans before policy changes take effect.

Conclusion

Although constitutional claims challenging the Haiti termination will continue in the lower courts, the Supreme Court’s decision removes the judicial barriers that had delayed DHS’s implementation of the TPS terminations.

The next critical development will be DHS guidance confirming effective dates and employer compliance obligations.

For employers, the message is clear: do not wait for employees to lose work authorization before making a strategic plan. Early identification of affected workers and timely evaluation of alternative immigration options can help preserve critical talent while ensuring continued compliance with federal employment verification requirements.