On June 25, 2026, the Supreme Court issued a landmark immigration decision in Mullin v. Doe that directly affects hundreds of thousands of workers currently authorized to live and work in the United States under the Temporary Protected Status (TPS) program. For HR and Global Mobility professionals, this decision directly affects the employment authorization of Syrian and Haitian TPS holders and will likely affect many other TPS designations in the near future.

What the Court Decided

The Trump administration terminated TPS for Haiti and Syria in late 2025, part of a broader effort that has resulted in terminations for almost all TPS designations. TPS holders from both countries obtained court orders blocking those terminations while their lawsuits proceeded. The Supreme Court reversed those orders and cleared the way for the terminations to take effect.

The Court’s key finding:

Federal courts can no longer block TPS terminations. The TPS statute contains a broad “no judicial review” provision that the Court read to cover virtually all legal challenges, including arguments that the government failed to follow its own procedures. Because of this decision, future TPS terminations are highly unlikely to be judicially blocked and the legal safety net that had been keeping TPS terminations on hold is gone.

Key Dates: What Employers Need to Know

Haiti — Current EAD Expiration: July 1, 2026

USCIS guidance issued in March 2026 designated July 1, 2026, as the expiration date for employment authorization for Haitian TPS beneficiaries, for purposes of completing Form I-9 and E-Verify verifications. With the Supreme Court now dissolving that stay, July 1, 2026, is the imminent expiration date for Haitian TPS work authorization, absent new DHS guidance issued before that date.

Syria — Current EAD Expiration: July 1, 2026

USCIS guidance issued in March 2026 similarly designated July 1, 2026, as the expiration date for Syrian TPS beneficiaries for Form I-9 and E-Verify purposes. Syria’s TPS designation was originally set to terminate November 21, 2025. The court-ordered stay extended work authorization to July 1, 2026. That stay is now lifted.

Current I-9 Records

USCIS guidance instructed employers completing Forms I-9 to enter “as per court order” in Section 1 and “July 1, 2026” in Section 2, along with a note in the additional information box. Employers who followed this guidance will have I-9 records reflecting July 1, 2026, as the current expiration date for both Haitian and Syrian TPS workers. Those records are now accurate only until USCIS issues updated guidance, which is expected imminently.

Prepare for Updated USCIS Guidance

DHS is expected to issue updated guidance for affected TPS beneficiaries and their employers in the coming days, which may revise I-9 and E-Verify mechanics. Employers with employees affected by the Supreme Court decision should monitor the USCIS TPS pages for Haiti and Syria and the I-9 Central website closely.

What HR and Global Mobility Should Do Now

Audit Your Workforce

If not already underway for reverification purposes, identify every employee whose work authorization is tied to TPS — for Haiti, Syria, and all other terminated designations. Review I-9 records for EADs with category codes A12 or C19 associated with any terminated country.

Monitor E-Verify Closely

Employers enrolled in E-Verify should monitor E-Verify closely as DHS may issue automated notifications through the E-Verify system flagging employees whose TPS-based work authorization has lapsed. These notifications require a prompt employer response within specific timeframes and failure to respond timely can create compliance exposure.

Understand Your Reverification Obligations

Employers bear the legal obligation to reverify employees whose work authorization is expiring; employees have no affirmative duty to self-report a loss of authorization. Reverification is accomplished by completing Supplement B of the current Form I-9.

To continue working lawfully after July 1, 2026, the employee must present a different, unexpired document or combination of documents from the Form I-9 Lists of Acceptable Documents that independently establishes current work authorization.

Assess Alternative Work Authorization Options

For employers who have not yet assessed whether affected employees have an alternative pathway to work authorization, that analysis should begin immediately. Common options to evaluate on a case-by-case basis include employer-sponsored permanent residence, H-1B or other appropriate nonimmigrant work visas, and humanitarian relief pathways such as asylum.

Where a viable alternative pathway exists but requires time to pursue, as most do, employers may consider placing the affected employee on a leave of absence while the alternative is being secured. Employers should consult with immigration counsel now to determine which employees, if any, have viable options.

When No Alternative Pathway Exists

Not every affected employee will have an alternative pathway to work authorization. When an employee cannot present valid, unexpired evidence of work authorization following July 1, 2026, that individual cannot lawfully continue working. HR teams should work through this analysis employee by employee, in advance, so that termination decisions, if necessary, are made deliberately and documented properly.

Important Note: TPS Holders from All Terminated Countries

The Mullin v. Doe ruling has implications well beyond the two countries directly before the Court. The Trump administration has terminated TPS designations for the following countries: Venezuela, El Salvador, Honduras, Nicaragua, Nepal, Burma, Afghanistan, Somalia, Ethiopia, South Sudan, Cameroon, and Yemen in addition to Haiti and Syria. The Supreme Court’s decision effectively forecloses legal challenges to all of these terminations, making further court-ordered delays unlikely for affected designations.

How Meltzer Hellrung Can Help

Our team is actively monitoring post-Mullin developments and is ready to assist with workforce I-9 audits, individual employee immigration assessments, re-verification compliance support, E-Verify coordination, and employee communications.

Please contact your Meltzer Hellrung attorney or reach out to our office immediately for assistance with this time sensitive issue.