Supreme Court Allows Termination of TPS for Haiti and Syria

Quick Hits

• On June 25, 2026, the Supreme Court held in Mullin v. Doe that the TPS statute bars judicial review of nonconstitutional challenges to the DHS secretary’s termination of a country’s TPS designation.
• When the terminations take effect, Haitian and Syrian employees’ TPS-based employment authorization and protection from removal will end.
• Employers should expect further guidance from governmental agencies on timing and on how to handle Form I-9 reverification.

The 6–3 decision in Mullin v. Doe lifts lower-court orders that had paused prior TPS Haiti and Syria terminations, clearing the way for TPS holders to lose work authorization and protection from removal.

Background

The TPS designation was created to provide temporary status to foreign nationals in the United States unable to return to their home countries due to events or circumstances present in the countries, such as natural disasters, armed conflicts, or other extraordinary conditions. During the designated TPS period, TPS beneficiaries are not removable from the United States, can obtain work authorization (EAD), and can apply for travel authorization.

DHS designated Haiti for TPS in 2010 following a devastating earthquake and designated Syria in 2012 because of conditions related to the country’s civil war. In 2025, then-secretary of homeland security Kristi Noem announced the termination of both designations: Syria through a September 2025 Federal Register notice and Haiti through a November 2025 notice, with the Haiti termination set to take effect February 3, 2026.

TPS holders challenged the terminations in federal court. The U.S. District Court for the Southern District of New York (Syria) and the U.S. District Court for the District of Columbia (Haiti) each granted interim relief postponing the terminations, finding, among other things, that DHS had likely failed to consult appropriate agencies about current country conditions as the statute requires. The U.S. Court of Appeals for the Second Circuit and a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit declined to stay those orders. The Supreme Court granted review before judgment and consolidated the cases.

Analysis and Impact

The Supreme Court ruled that courts generally cannot review TPS termination decisions and lifted prior interim pauses, allowing the termination of TPS Haiti and TPS Syria to move forward. Further, the court dismissed an equal protection challenge arguing Haiti’s termination was motivated by race, concluding the claim was unlikely to succeed.

Key Takeaways for Employers

Employers should expect employees on Temporary Protected Status (TPS) Haiti or Syria to lose work authorization. As terminations take effect, affected employees’ TPS-based EADs and protection from removal will lapse, which may trigger Form I-9 reverification obligations for their employers.

Governmental agencies are expected to publish further guidance on exact termination timelines and proper I-9 reverification.

Reviewing ongoing compliance requirements and understanding I-9 documentation obligations remain the most proactive methods for ensuring employers remain compliant. A Status Change Report is available for E-Verify employers through the E-Verify system to monitor rescission of EADs under humanitarian programs that were valid when E-Verify was initially completed. Humanitarian-based EAD programs, including TPS, are subject to frequent updates, and it is important for employers to stay informed. Employers may want to develop and implement an internal protocol for tracking updates and monitoring compliance.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

For more insight into this development and other critical immigration issues facing employers today, please join our Virtual Immigration Insights Symposium on Wednesday, October 7, 2026, from noon to 2:30 p.m. ET. Register here.

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