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Takeaways
- The U.S. Supreme Court reversed preliminary injunctions preventing DHS from implementing the termination of Temporary Protected Status (TPS) for Haiti and Syria.
- The Court held that the TPS statute bars judicial review of most nonconstitutional challenges to TPS designation and termination decisions.
- However, the decision itself does not terminate employment authorization or establish new Form I-9 deadlines. Employers should await DHS implementation guidance before acting.
The U.S. Supreme Court reversed the preliminary injunctions that had prevented DHS from implementing its decisions to terminate TPS designations for Haiti and Syria. Mullin v. Doe, No. 25A952, and Trump v. Miot, No. 25A999 (June 26, 2026.) In doing so, the Court concluded that interim relief was not warranted while the litigation proceeds.
The Court held that:
- The TPS statute bars judicial review of nonconstitutional claims challenging DHS decisions regarding the designation, extension, or termination of TPS; and
- The plaintiffs challenging Haiti’s TPS termination were unlikely to succeed on their equal protection claim and therefore were not entitled to preliminary injunctive relief.
The Court remanded both cases for further proceedings consistent with its opinion.
However, the decision does not establish new employment authorization expiration dates, address the validity of existing TPS-based Employment Authorization Documents (EADs), or provide guidance regarding Form I-9 or E-Verify compliance. Those implementation issues remain subject to future DHS action and guidance.
Until DHS issues additional guidance, employers should:
- Identify employees who currently rely on Haiti or Syria TPS-based employment authorization.
- Monitor DHS, USCIS, and Federal Register announcements regarding implementation of the TPS terminations.
- Avoid taking employment action based solely on the Court’s decision without confirming applicable DHS guidance.
Jackson Lewis attorneys will continue monitoring DHS implementation announcements and provide updates regarding TPS-related employment authorization, Form I-9, and E-Verify compliance as additional guidance becomes available. Please contact a Jackson Lewis attorney with any questions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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