Supreme Court Clears the Way to End Temporary Protected Status for Haiti and Syria: What Employers Need to Know

On June 25, the U.S. Supreme Court decided Mullin v. Doe (joined with Trump v. Miot) in a 6–3 ruling. The decision removes the legal roadblocks that had stopped DHS from ending TPS for Haiti and Syria, affecting approximately 350,000 Haitian nationals and 6,000 Syrian nationals. In short, DHS can now move forward with ending TPS for Haiti and Syria. But the ruling does not set an end date on its own, and it does not immediately take away the work permits of people who have them today. The current USCIS I-9/E-Verify date for Haiti and Syria lists July 1 as the work authorization expiration date, however, DHS may adopt, modify, or replace that date.

Employers should not take any action against employees just because of this decision. For now, they should keep honoring valid Employment Authorization Documents (EADs) held by employees with Haiti and Syria TPS and wait for DHS to explain when the change takes effect and whether there will be a transition period.

What the Supreme Court Decided

The court ruled that the TPS law (part of the Immigration and Nationality Act, or INA) does not allow courts to second-guess most decisions by the DHS Secretary to end a country’s TPS. This wiped out earlier lower-court orders that had put the Haiti and Syria TPS termination on hold, so DHS is now free to carry out the decision it made earlier.

The court also rejected a claim that ending Haiti and Syria’s TPS was based on race, finding that argument was unlikely to win. The court said this type of constitutional claim can still be argued in lower courts on remand, but for now it does not stop DHS from moving ahead.

Bottom line: the decision lets the termination go forward by removing the legal protection that had shielded Haiti and Syria TPS holders from deportation and losing their work permits.

What the Decision Does Not Do

Employers should know that, on its own, the Supreme Court’s decision does not:

• Set an end date for Haiti and Syria TPS
• Cancel or invalidate work permits (EADs) that Haiti and Syria TPS holders have right now
• Require employers to do anything right away, like sending termination notices or suspending employees, or
• Tell employers how to handle Form I-9 reverification timing or wind-down steps.

The next step is up to DHS. It is expected to issue more guidance or a Federal Register notice, explaining how and when the termination will restart, including any effective date and transition period for affected employees and their employers.

What This Means for Employers: Practical Next Steps

Given the decision, we suggest employers take a careful, steady approach:

• Keep honoring valid work permits (EADs). Treat employees with Haiti and Syria TPS-based EADs (Category A12 or C19) as authorized to work until the end date or document expiration takes effect under DHS guidance. These EADs count as List A documents for Form I-9, and they stay valid until DHS says otherwise. You can check specific TPS expiration dates on the USCIS website.
• Do not send termination notices or suspend anyone. Do not fire, suspend, or take other negative action against Haitian and Syrian TPS holders just because of this decision. Acting too soon could lead to discrimination claims and violations of the INA’s anti-discrimination rules.
• Monitor for DHS and USCIS guidance. Keep an eye out for announcements from USCIS and DHS about timelines, any wind-down or transition period, and specific instructions for employers. Monitor the USCIS TPS homepage and E-Verify for updates as guidance could be issued quickly.
• Get ready for Form I-9 reverification. Once DHS sets the end date, you will likely need to reverify affected employees’ work authorization using Form I-9. Start identifying which employees rely on TPS for their work authorization so you can act quickly when guidance comes out.
• Assess Alternative Options for Work Authorization. Employers should assess whether their affected employees may have an alternative pathway to work authorization such as employer-sponsored visa options (H-1B, L-1, or O-1) or permanent residency through family-based or employer-based petitions. Employers who seek to retain employees affected should consult immigration counsel promptly to discuss potential options.
• Think about the bigger picture. This ruling is likely to affect TPS terminations for other countries too. If you employ TPS holders from other nations, watch these developments closely. We recommend that employers use the time to identify all TPS status holders in preparation for  additional updates and determine the impact on their overall workforce.

We Will Continue to Monitor

We will keep watching what DHS and USCIS do to carry out the Haiti and Syria TPS termination, and we will share more guidance as things develop. If you have questions about specific employees or your compliance duties, please reach out to immigration or employment counsel to talk through your situation.

©2026 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg LLP.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.