Supreme Court Rules DHS Has Authority to End TPS for Foreign Nationals of Haiti and Syria

On June 25, 2026, the U.S. Supreme Court held in Mullin v. Doe (along with consolidated companion case, Trump v. Miot) that the Trump administration's decision to end Temporary Protected Status (TPS) for foreign nationals from Haiti and Syria could stand. In a 6-3 decision, the Court upheld the government's position that the Department of Homeland Security (DHS) had the authority to terminate TPS based on the language in the Immigration and Nationality Act (INA) that prohibits judicial review of non-constitutional challenges to TPS determinations.

TPS was established by Congress through the Immigration Act of 1990, which amended the INA. This status is a temporary immigration designation granted to nationals from specific countries facing ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. It offers work permits and protection from removal to foreign nationals from these designated countries who are present in the United States at the time the designation is made by the U.S. government.

The ruling has immediate implications for employers, particularly those with foreign workers holding work authorizations based on a pending or approved TPS application, as it may lead to significant disruptions in the workforce. Since the Supreme Court’s decision allows DHS to move forward with the revocation of TPS for foreign nationals of Haiti and Syria, those employees will lose their work authorization once TPS is revoked. Allowing these employees to continue working exposes employers to potential liability once TPS expires, resulting in substantial civil penalties and sanctions. Therefore, it is essential for employers to take specific measures to ensure compliance with federal regulations.

Employers should identify their employees who are working under TPS, ascertain the two countries affected by this decision, and verify the correct termination date, including automatic extensions of Employment Authorization Documents (EADs) if applicable. They should also review the Form I-9 records of all impacted employees and confirm valid work authorization. DHS had previously stated that the expiration date for the extensions of TPS for Haiti and Syria is July 1. 2026.¹

While this ruling does not specifically address the effective date for the termination of work authorizations related to TPS, it is reasonable to conclude that the existing employment authorizations for nationals from Haiti and Syria, if still valid, will expire on July 1, 2026.

It is recommended that employers immediately address how to comply with the Supreme Court’s decision in order to avoid exposure to liability for employing unauthorized workers. Employers are encouraged to consult with Immigration counsel for further guidance.