The Supreme Court of the United States (SCOTUS) for eliminating Temporary Protected Status (TPS) designations for Haiti and Syria on June 25, 2026. The decision strips approximately 356,000 Haitians and Syrians of their protection from removal and their work authorization in the United States. Both groups’ work authorization expires July 1, 2026.
Background
The U.S. founded the TPS program in 1990 for individuals who can’t safely return to their home countries. Haiti received TPS status in 2010 after its devastating earthquake. The government extended Haiti’s designation several times since, until it refused any additional extensions. Traditionally, there is no limit on how many times a designation can be extended. That decision lies with the Secretary of Homeland Security.
The consolidated cases, Mullin v. Doe (Haiti) and Trump v. Miot (Syria), turned on whether federal courts can review the DHS Secretary’s decision to terminate a TPS designation. SCOTUS held they cannot. The Court also rejected an equal protection claim brought by Haitian TPS holders who argued the termination was racially motivated, finding the evidence insufficient to prove that race was a motivating factor. According to the New York Times, the precedent is clears the way for terminations affecting TPS holders from other countries, including Burma (Myanmar), Ethiopia, Nepal, Somalia, South Sudan, Venezuela, and Yemen. El Salvador, Lebanon, Sudan, and Ukraine retain valid designations for now.
Next Steps
Employers of Haitian or Syrian TPS workers should already be re-verifying employment authorization on Form I-9. After July 1, continuing to employ a worker who cannot present alternative, unexpired evidence of work authorization creates civil and potentially criminal exposure.
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