Posted June 26th, 2026 in Top Stories with Tags Corporate Immigration, Immigration Law

U.S. Supreme Court Allows the Department of Homeland Security to Terminate Temporary Protected Status: Next Steps for Employers

On June 25, 2026, the U.S. Supreme Court ruled that courts have limited authority to review decisions by the Department of Homeland Security (DHS) to terminate Temporary Protected Status (TPS), even when those decisions clearly violate statutorily mandated procedures. In Mullin v. Doe, the Court held that federal courts may review TPS termination decisions only when challenged on constitutional grounds, and that challenges based on other grounds – including procedural grounds – are not reviewable by the courts.[1] Specifically, this means that while challenges to the termination of TPS on constitutional grounds will continue in the lower courts, DHS may still implement TPS terminations without judicial barriers.

The Court’s decision allows DHS to deport Haitian and Syrian nationals who have been lawfully present in the United States in TPS status, notwithstanding the fact that the U.S. Department of State has issued clear warnings that it is unsafe to travel to these countries.[2] It also means that Haitian and Syrian TPS holders will lose their authorization to work in the United States.

Steps Employers Should Take Now

 Prior to the Supreme Court’s decision, USCIS issued guidance stating that it would use July 1, 2026, as the expiration date for Haitian and Syrian TPS holders.[3] While we await further guidance from DHS confirming effective dates and employer compliance obligations, employers should take the following immediate steps:

• Identify all employees who hold TPS. While the recent ruling directly impacts Haitian and Syrian TPS holders, the ruling allows DHS to terminate TPS for any other country without judicial review. For this reason, employers should consider the expiration dates for all terminated TPS designations as final.
• Review I-94 records and reverify affected employees by completing Supplement B of the I-9 form prior to the TPS expiration date. TPS holders who are not able to present a valid, unexpired document as evidence of authorization to work in the United States beyond the TPS expiration date will not be permitted to work after that date (July 1, 2026, for Haitian and Syrian TPS holders).

 Given the potential scope of this decision, we can expect terminations without extensions for most, if not all, countries currently designated for Temporary Protected Status. For this reason, employers are encouraged to take action now. Please feel free to reach out to our team if you have additional questions.

[1] In Mullin v. Doe, plaintiffs challenged the decision to terminate TPS for Syrian immigrants. The case was later consolidated with Trump v. Miot, which challenged the decision to terminate TPS for Haitian immigrants.

[2] The U.S. State Department travel advisory for Syria reads “Level 4 – Do not travel for any reason due to the risk of terrorism, unrest, kidnapping, hostage taking, crime, and armed conflict.” https://travel.state.gov/en/international-travel/travel-advisories/syria.html. The U.S. State Department travel advisory for Haiti reads, “Level 4 – Do not travel due to the risk of crime, terrorism, kidnapping, unrest, and limited health care.” https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/haiti-travel-advisory.html. (June 25, 2026)

[3] See, https://www.uscis.gov/i-9-central/form-i-9-related-news/update-on-termination-of-temporary-protected-status-for-haiti-release-march-25-2026.