The Supreme Court of the United States (SCOTUS) recently decided in Mullin v. Doe that federal courts generally lack authority to review Department of Homeland Security (DHS) decisions to terminate temporary protected status (TPS) designations. This decision clears the way for DHS to move forward with terminating TPS protections for several countries. Here’s what employers who employ individuals with TPS designations need to know.
What is TPS, and What Did the Courts Say?
TPS designations can be issued by DHS to certain countries experiencing conditions that make returning to those countries unsafe, such as war or natural disasters. This designation provides eligible nationals from these countries temporary immigration status so they can reside and sometimes work in the United States. DHS had previously issued TPS designations (and extensions) for Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen.
In 2025, however, DHS began ending TPS designations for those countries on the grounds that the countries were now safe enough for individuals to return. The decision to terminate TPS status for specific countries was challenged, and some courts ruled that DHS didn’t have the authority to vacate the prior TPS designations. The Trump administration filed an appeal with SCOTUS, which determined that federal courts don’t have the authority to review DHS’s decisions to terminate TPS designations if the challenges raised don’t implicate the U.S. Constitution. SCOTUS’s decision directed lower courts to review their decisions issuing stays to the termination of TPS designations to ensure those decisions evaluated constitutional claims.
What Happens Next?
Many employers in the United States employ individuals who are affected by this ruling. In response to the decision, E-Verify released updated guidance on July 10, 2026, addressing how employers should complete Form I-9 and E-Verify records for affected TPS beneficiaries. Additionally, the current expiration date for employment authorization documents (EADs) for those with TPS status is July 17, 2026, for individuals from Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria, and Yemen, and July 24, 2026, for individuals from Haiti.
Importantly, these July 17 and July 24 dates are not necessarily the final expiration date for employees’ EADs—it’s possible that these dates will be extended again to give employees and employers additional temporary relief from DHS’s decision to terminate TPS designations. Rather, these dates serve as interim compliance dates while lower courts review their decisions issuing stays to ensure those decisions were made based on constitutional claims raised by the parties challenging the termination of TPS.
If lower courts find their decisions didn’t involve constitutional claims, they must lift the stays they previously ordered. If these stays are lifted, DHS will be allowed to issue effective termination dates for TPS status. Employers will need to keep a close eye on any changes or additional updates.
What Next?
As an employer, here’s what you need to do immediately and after the expiration date:
- Identify potentially affected employees;
- Review and update Form I-9 documentation;
- Don’t terminate employment automatically; and
- Monitor agency updates closely.
You should contact affected employees in writing notifying them that their EAD is related to TPS status and that it has been given a placeholder expiration date (identifying the placeholder date applicable to their specific TPS status). Employees should be told that their employment status won’t be affected before the expiration date but that they will need to reverify their work authorization before the expiration date. If they cannot do so, they will be placed on administrative leave beginning on the expiration date. You should also provide employees with a specific time period (i.e., 14 days) after being placed on leave to reverify their eligibility to work in the United States. Many employees have been working to prepare for the termination of TPS by obtaining other status designations while the litigation is pending, so they may have updated EADs under other categories. If employees are unable to reverify their eligibility to work in the United States, it may result in their separation from employment.
Bottom Line
SCOTUS’s decision significantly strengthens DHS’s ability to terminate TPS designations, but you should resist the urge to take immediate adverse action against affected employees. For now, focus on compliance, accurate recordkeeping, workforce planning, and continued monitoring of government guidance. The legal landscape remains fluid, and additional developments are likely in the coming weeks.
If you or your company have any questions about proper procedures for updating Form I-9s or TPS, EADs, and/or visas for an employee, consider contacting experienced employment-based immigration counsel.
Kayla Snider is an attorney at Skoler, Abbott & Presser, P.C. in Springfield, Massachusetts. She can be reached at 413-737-4753 and ksnider@skoler-abbott.com.