US Supreme Court Reversed TPS Termination Injunctions for Haiti and Syria & Extension of Employment Authorization Documents

On June 25, 2026, in Mullin v. Doe, the U.S. Supreme Court reversed the preliminary injunctions that blocked the Department of Homeland Security (“DHS”) from implementing its decisions to terminate Temporary Protected Status (“TPS”) designations for Haiti and Syria. This decision cleared the way for the DHS to proceed with termination of TPS designations for Haiti and Syria.

The Court held that:

• TPS statute bars judicial review of non-constitutional claims; and
• Plaintiffs’ equal protection claim (that Haiti’s TPS designation was terminated because of race) is unlikely to succeed and, because of that, plaintiffs are not entitled to interim relief.

The Court’s decision did not address the validity of existing Employment Authorization Documents (“EADs”) or their expiration dates. Those issues, along with other practical considerations, remain subject to further DHS action and guidance.

Even without additional guidance, as the current administration has terminated every TPS designation that has come up for renewal, it is likely these designations will be terminated.

While waiting for additional action and guidance from the DHS, employers should:

• Identify employees who rely on Haiti or Syria TPS-based employment authorization.
• Give identified employees the opportunity to present valid, unexpired evidence of work authorization and encourage them to consult immigration counsel.
• Refrain from taking any employment action based on the employee’s current TPS designation.

On July 1, 2026, U.S. Citizenship and Immigration Services (“USCIS”) addressed the Court’s decision and announced a brief extension of Employment Authorization Documents (“EADs”) issued under the TPS designations for Haiti and Syria through July 10, 2026.

This extension does not necessarily establish a final employment termination date. Rather, it appears to provide limited guidance while the lower courts take further action consistent with the U.S. Supreme Court’s decision.

The USCIS specifically provided guidance for employers completing Form I-9s and utilizing E-Verify:

• Form I-9: When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 10, 2026,” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Haiti Webpage and attach it to the Form I-9.
• E-Verify: When completing a case in E-Verify, enter the expiration date of “July 10, 2026” from the Form I-9.

Employers should check back to the USCIS websites regularly for updated information.

Williams Parker will continue to monitor this situation and post updates as they become available. Reach out to the Labor & Employment team for additional practical guidance.

Thanks to Piper Wilson, Williams Parker Summer Associate, for her research and drafting support on this article.