What employers should know about recent TPS changes
TPS work authorization compliance now requires employers to track new reverification dates for Haitian and Syrian TPS holders following Mullin v. Doe. USCIS guidance sets placeholder expiration dates of July 17, 2026 for Syrian nationals and July 24, 2026 for Haitian nationals, pending further court action.
On June 25, 2026, the United States Supreme Court issued its decision in Mullin v. Doe, in which the Court allowed the Trump administration to proceed with the termination of temporary protected status (TPS) designations for Haiti and Syria.
Under the TPS statute, which was enacted in 1990, the Department of Homeland Security (DHS) Secretary may designate a country for TPS if there’s an ongoing armed conflict in the country, if there has been a natural disaster resulting in substantial disruption of living conditions in the country, or if there are extraordinary conditions in the country that prevent nationals from returning there safely.
Haiti was designated for TPS in 2010, following a devastating earthquake. Syria was designated for TPS in 2012 during its civil war.
How did the Supreme Court rule in Mullin v. Doe?
In September 2025, the Trump administration announced termination of TPS designation for Syria. In November 2025, it announced termination of TPS designation for Haiti.
Syrian and Haitian nationals sued to stop termination of the designation and obtained interim relief in federal district courts, postponing the terminations.
The Supreme Court, however, held that the TPS statute bars judicial review of nonconstitutional claims challenging TPS designation, extension, or termination decisions, and that the Haitian plaintiffs’ equal-protection claim was unlikely to succeed for purposes of interim relief.
Mullin v. Doe permits DHS to proceed with the termination of the Haiti and Syria TPS designations and is likely to make litigation-based pauses more difficult for beneficiaries challenging other TPS terminations.
At present, Trump administration terminations of TPS designations for Ethiopia, Myanmar, Somalia, South Sudan, and Yemen have also been on hold because of litigation.
What does the ruling mean for work authorization under TPS?
The ruling in Mullin v. Doe has significant implications for Great Lakes-area employers. Public reports indicate that the ruling affects approximately 350,000 Haitian TPS holders and more than 6,000 Syrian TPS holders, many of whom have relied on TPS-related employment authorization documents (EADs) to work in the United States.
When TPS-based employment authorization expires, affected employees may no longer rely on TPS alone as authorization to work. Accordingly, employers should not continue employing a worker after the worker’s TPS-based EAD has expired unless the employee presents another valid basis for employment authorization.
What is the current I-9 and reverification guidance?
The U.S. Citizenship and Immigration Services (USCIS) and E-Verify have issued temporary, court-order-based guidance extending the validity of certain TPS-related EADs, while the lower courts address the effect of Mullin v. Doe. The guidance provides instructions for completing Form I-9 during the interim period.
As of this writing, USCIS and E-Verify guidance released on July 10, 2026, instructs employers for covered TPS-related EADs to enter “July 17, 2026” in Section 2 of Form I-9 for Syrian nationals and “July 24, 2026” for Haitian nationals, with “as per court order” in the Section 1 expiration-date field and an explanatory note in the additional-information box.
You should continue to monitor USCIS, E-Verify, and I-9 Central websites for the status of TPS-based work authorization and any updated Form I-9 or E-Verify instructions.
What should employers do now?
You should take several steps now.
- First, audit Form I-9 records to identify employees whose work authorization appears to be based on TPS-related documentation. The review should be document-based, not nationality-based, to avoid discrimination concerns.
- Second, calendar reverification dates should be based on the most current government guidance applicable to each TPS country, and you should update those dates if USCIS or E-Verify issues new placeholder dates.
- Third, don’t terminate or suspend an employee solely because of news reports or assumptions about nationality. Act only when the employee’s actual work authorization has expired and the employee hasn’t presented alternative valid authorization.
- Fourth, consider whether affected employees may have other lawful work authorizations based on a different status, pending application, or new EAD.
Bottom line
Given the rapidly changing environment and the remaining litigation surrounding TPS designations, you are advised to consult with legal counsel before taking adverse action affecting your current employees.
FAQ
What did the Supreme Court decide in Mullin v. Doe?
On June 25, 2026, the Court allowed the Trump administration to proceed with terminating TPS designations for Haiti and Syria. It held the TPS statute bars judicial review of nonconstitutional challenges to TPS decisions, making litigation-based pauses harder for other TPS terminations.
Do I need to reverify I-9s for TPS employees right now?
Yes, for Haitian and Syrian TPS holders. USCIS and E-Verify guidance from July 10, 2026 instructs employers to enter placeholder dates, July 17, 2026 for Syrian nationals and July 24, 2026 for Haitian nationals, in Section 2 of Form I-9.
Can I terminate an employee based on their TPS status alone?
No. Employers should not take adverse action based on news reports or nationality assumptions. Act only when an employee’s actual work authorization has expired and no alternative valid authorization has been presented, and consult legal counsel first.
Which other countries have pending TPS terminations?
Terminations for Ethiopia, Myanmar, Somalia, South Sudan, and Yemen are currently on hold because of ongoing litigation, separate from the Haiti and Syria terminations addressed in Mullin v. Doe.
