Summary
The U.S. Supreme Court has cleared the way for the federal government to end Temporary Protected Status (TPS) for nationals of Haiti and Syria—allowing for termination of the humanitarian designation that permits nationals of these countries to live and work in the United States on a temporary basis, shielded from removal.
The Upshot
- The Court ruled 6-3 last week in Mullin v. Doe in favor of the administration and reversed lower-court orders that had postponed these TPS terminations during ongoing litigation.
- The TPS designations, issued for countries impacted by armed conflict, disaster, or other dangerous conditions, had been held by Haiti since 2010 and Syria since 2012.
- As a result of the June 25 ruling, the Department of Homeland Security (DHS) may now move forward with winding down the protections and work authorization that accompanies them, without having to wait for litigation to conclude.
- Once these designations formally lapse or are terminated by DHS, affected individuals lose both their protection from deportation and their lawful authorization to work.
- Although this ruling speaks directly to Haiti and Syria, its logic extends much further, positioning DHS to unwind TPS for additional designated countries with little prospect of judicial interference.
The Bottom Line
Termination of TPS for Haiti and Syria is currently set for July 1, 2026. Keeping an employee on payroll past the expiration of their work authorization runs afoul of federal law and can lead to civil fines, problems on I-9 audits, and, in serious cases, jeopardy to federal contracts—even where the lapse was inadvertent. Click on the button above to read the full alert, including recommended steps for employers in light of these changes. Given the speed at which they may take effect, we advise prompt review of applicable records and forms.
The U.S. Supreme Court in Mullin v. Doe has cleared the way for the federal government to end Temporary Protected Status (TPS) for nationals of Haiti and Syria. In a 6-3 ruling issued on June 25, 2026, the Court sided with the administration and reversed lower-court orders that had postponed these TPS terminations during ongoing litigation. As a result, the Department of Homeland Security (DHS) may now move forward with winding down these protections and the work authorization that accompanies them, without waiting for litigation to conclude. The decision also signals the Supreme Court’s skepticism that the claims made against the government will ultimately prevail.
Why It Matters
TPS is a humanitarian designation that lets nationals of specific countries impacted by armed conflict, disaster, or other dangerous conditions live and work in the United States on a temporary basis, shielded from removal. Haiti has held its designation since 2010 and Syria since 2012. Notably, both countries remain subject to the State Department’s highest-level “Do Not Travel” advisory, even as these protections are withdrawn. Once these designations formally lapse or are terminated by DHS, affected individuals lose both their protection from deportation and their lawful authorization to work.
The Court’s Reasoning
Writing for the majority, Justice Alito read the governing TPS statute to foreclose judicial review of Administrative Procedure Act (APA) claims. The Court also concluded that a race-based equal protection theory advanced by a group of Haitian nationals was not likely to prevail. On that basis, the majority determined that the lower courts should not have paused the terminations.
Broader Reach
Although this ruling speaks directly to Haiti and Syria, its logic extends much further. By granting the executive branch wide latitude over whether to continue or discontinue TPS, and by narrowing the role of the courts, the decision positions DHS to unwind TPS for additional designated countries with little prospect of judicial interference.
Key Dates
Federal immigration authorities had previously identified July 1, 2026, as the cutoff for Haitian and Syrian TPS holders, though further guidance confirming effective dates and compliance expectations is anticipated.
Recommended Steps for Employers
- Pinpoint your exposure. Work with immigration counsel to audit employee Form I-9 records to identify anyone working on a Haitian or Syrian TPS-based Employment Authorization Document.
- Plan reverification carefully. Be prepared to reverify affected workers using Supplement B of Form I-9 before their authorization lapses. Employers should accept any valid, current document demonstrating employment authorization the employee chooses to present, rather than demanding a particular one.
- Engage employees with care. Give affected staff advance notice of the situation and encourage them to consult immigration counsel about any alternative status for which they may qualify.
- Track official guidance. Watch the relevant USCIS country pages and I-9 Central for updated effective dates and instructions.
Compliance Caution
Keeping an employee on payroll past the expiration of their work authorization runs afoul of federal law and can lead to civil fines, problems on I-9 audits, and, in serious cases, jeopardy to federal contracts—even where the lapse was inadvertent. Given the speed at which these changes may take effect, prompt review is advisable.
The lawyers of Ballard Spahr’s Immigration practice guide regional, national, and international corporations, as well as individuals, through all aspects of immigration and nationality law. They work with employers in all industries to develop immigration programs that help clients build and retain the most talented workforce possible.
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