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Supreme Court Clears Path for TPS Terminations: What Employers Need to Know

Client Alert
June 25, 2026

On June 25, 2026, the U.S. Supreme Court issued its decision in Mullin v. Doe, consolidated with Trump v. Miot, reversing lower court orders that had blocked the termination of Temporary Protected Status (TPS) for nationals of Haiti and Syria. The decision removes the legal barriers that had delayed those terminations and has immediate implications for employers with TPS-authorized employees.

TPS was created in 1990 to provide temporary humanitarian protection for individuals who cannot safely return to their home countries because of armed conflict, natural disaster, or other extraordinary conditions. Although TPS is intended to be temporary, some designations have remained in place for years or decades.

Today the Supreme Court Held

  1. Broad Judicial Review Applies. The Court held that 8 U.S.C. § 1254a(b)(5)(A) bars judicial review of any determination by the Secretary of Homeland Security concerning the designation, termination, or extension of TPS. That bar applies to substantive and procedural challenges, including APA claims.
  2. Equal Protection Claim Rejected. The Court concluded that the Haitian TPS plaintiffs were unlikely to succeed on their equal protection claim. In the Court’s view, the administration’s termination of every TPS designation that came up for review since January 2025 (13 total) supplied a race-neutral explanation for the termination decision.

Designations Affected

The ruling directly affects Haiti and Syria and reinforces the administration’s position on other TPS designations terminated during the current review cycle. Employers should identify employees whose work authorization is tied to any terminated TPS designation, including:

  • Haiti (terminated Nov. 2025; court stay now lifted)
  • Syria (terminated Sept. 2025; court stay now lifted)
  • Venezuela (stay previously lifted by Supreme Court in 2025)
  • Nepal, Burma (Myanmar), Afghanistan, Yemen, Somalia, Ethiopia, South Sudan, Cameroon, Nicaragua, and Honduras

Ukraine remains the only active TPS designation (extended through October 19, 2026).

Employer Action Items

  1. DO NOT terminate affected employees immediately. USCIS has not issued updated guidance yet explaining when existing Employment Authorization Documents (EADs) tied to the affected TPS designations will no longer be acceptable. Acting before guidance is issued may create discrimination or unfair documentary practices risk under federal immigration law.
  2. Audit Form I-9 records now. Identify employees whose employment authorization is based on TPS, confirm the country designation, and note the expiration date listed on each employee’s EAD and Form I-9.
  3. Monitor USCIS guidance closely. USCIS guidance could issue quickly and may provide a short compliance window for reverification or other employment eligibility steps.
  4. Evaluate alternatives for key employees. For employees whose authorization may be affected, employers should begin assessing alternative immigration options as soon as possible.
  5. Document compliance decisions. Keep records of I-9 review steps, USCIS guidance relied upon, and any reverification timeline followed.

Guidance for TPS Holders and Their Families

Individuals who hold TPS under an affected designation should understand that their TPS designation may now be legally terminated, even if their work permit still appears valid on its face. USCIS is expected to issue guidance explaining when employers may no longer accept affected documents.

  1. Do not leave the United States without legal advice. Departure may trigger reentry bars or affect options that remain available.
  2. Review family-based options. Individuals with U.S. citizen or lawful permanent resident family members should determine whether a petition is available and when it can be filed.
  3. Ask about removal-defense options. Individuals who have lived in the United States for 10 years or more should consult counsel about whether cancellation of removal or another form of relief may be available.
  4. Consider humanitarian protection. If return to the home country would create a risk of harm, asylum or related protection may be appropriate depending on the facts and timing.

Bottom Line

Employers should act now, but carefully. The Supreme Court’s decision removes the litigation barrier to the TPS terminations, but employers should wait for updated USCIS instructions before taking adverse employment action based solely on TPS-related work authorization. In the meantime, employers should audit affected I-9 records, identify employees whose authorization may be impacted, and prepare to respond promptly once USCIS issues guidance.

If you have questions about the immediate implications for employers with TPS-authorized employees or individuals who previously held TPS status, please contact Member Rob Ratliff at raratliff@bmdllc.com or Partner Bryan Meek at  bmeek@bmdllc.com for more information.

ImmigrationImmigration LawWorkforce Enforcement of Immigration LawsLabor and Employment LawRobert RatliffBryan Meek
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