How Will The SCOTUS Mullin Decision Affect TPS Workers?

On June 25, the U.S. Supreme Court issued a published decision in Mullin v. Doe, addressing cases brought by Haitian and Syrian Temporary Protective Status (TPS) beneficiaries regarding the Department of Homeland Security’s (DHS) authority to terminate TPS designation and the extent to which such a termination is reviewable. The Court held that the judicial branch does not have the power to review DHS’s decision to end TPS and rejected an equal protection claim brought by Haitian TPS holders claiming that the designation was terminated on the basis of race.

The Supreme Court’s decision does not immediately end the TPS designations and the related employment authorization for those TPS holders from Haiti or Syria. The TPS designations and employment authorization for Syrian and Haitian foreign nationals remain in place with limited validity dates until lower courts align with the Court’s decision.

On July 10, DHS directed employers to use July 17, 2026, as the TPS expiration date for Syrian beneficiaries and July 24, 2026, as the TPS expiration date for Haitian beneficiaries for Form I-9 and in E-Verify. Employers are advised to check USCIS websites regularly for updated information. Employers can subscribe to DHS communications for regular updates for Form I-9 and E-Verify.

Based on the Court’s decision in Mullin v. Doe, it is likely DHS will proceed with termination of other TPS designated countries. Individuals maintaining status in the U.S. pursuant to TPS should refrain from international travel at this time. Employers with TPS workers should immediately begin strategizing alternative immigration pathways for their employees.

Taft Immigration attorneys are able to aid any employer who would like to strategize the next steps for their TPS employees.