The Supreme Court issued a decision on June 25, 2026, that significantly reshapes the Temporary Protected Status (TPS) landscape for employers and foreign national employees who rely on TPS-based work authorization. In Mullin v. Doe (consolidated with Trump v. Miot), the court held that the Department of Homeland Security (DHS) has broad authority to terminate TPS designations and that such decisions are largely not subject to judicial review. The court paved the way for DHS to terminate TPS for Haiti and Syria.

TPS is a humanitarian program established by Congress in 1990 to provide temporary protection to individuals from countries experiencing armed conflict, environmental disasters, or other extraordinary conditions. TPS allows eligible individuals to remain in the United States, obtain employment authorization, and avoid removal for the duration of a country designation. TPS is temporary by design and subject to periodic review and termination by DHS.

The Supreme Court's decision effectively permits TPS terminations to proceed without further judicial delay. U.S. Citizenship and Immigration Services (USCIS) has directed employers to use July 1, 2026, as the TPS expiration date for Syrian and Haitian employees. The ruling is expected to accelerate the termination of TPS designations for additional countries. Employers should anticipate increased volatility, limited advance notice of changes, and the reduced likelihood of litigation-based extensions. TPS-based work authorization should be treated as temporary and subject to rapid policy changes.

For employers, the ruling may create workforce planning and compliance challenges, particularly where employees rely on TPS-based employment authorization. Employers should evaluate potential workforce disruptions, review affected employee populations, and prepare contingency plans to maintain business continuity and compliance as TPS-related work authorization changes take effect.

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