What the decision means for TPS holders and their employers — and what to do now.
Bottom Line
Haitian and Syrian nationals who rely on TPS will lose their protection from removal and their work authorization once the terminations take effect. If you — or an employee of yours — hold TPS based on Haiti or Syria, now is the time to confirm key dates and explore other immigration options. Waiting until a deadline arrives narrows the choices available.
On June 25, 2026, the U.S. Supreme Court cleared the way for the federal government to end Temporary Protected Status (“TPS”) for nationals of Haiti and Syria. The ruling removes the protections that allowed an estimated 350,000 Haitians and 6,000 Syrians to live and work legally in the United States. In a 6-3 decision (Mullin v. Doe), the Court held that courts may not second-guess the government’s decision to end these designations, and it lifted the lower-court orders that had kept the protections in place. As a result, once the terminations take effect, affected individuals may lose their work authorization and become subject to removal.
What the Court Decided — in Plain Terms
- Courts cannot review these decisions. The Court ruled the TPS law does not allow judges to review the government’s decisions to grant, extend or end a country’s TPS designation. Lawsuits arguing the government acted improperly or cut corners in ending TPS for Haiti and Syria cannot move forward.
- The discrimination claim was rejected for now. The Court also declined to block the Haiti termination on the argument it was based on race or national origin.
- Other countries are likely affected, too. Because the decision turns on whether courts can review TPS terminations at all, it is expected to make the government’s decisions to end TPS for other countries difficult to challenge as well. The government has already moved to end TPS for most designated countries.
Background: What TPS Is
TPS is a temporary, humanitarian protection. It allows nationals of certain designated countries who are already in the United States to remain and work here when conditions back home — such as armed conflict or a natural disaster — make it unsafe to return. Haiti was first designated in 2010 after a devastating earthquake; Syria was designated in 2012 during its civil war. TPS is meant to be temporary and, on its own, does not lead to a green card or citizenship.
If You Hold TPS Based on Haiti or Syria
- Confirm the exact date your protection ends and the expiration date printed on your work permit (Employment Authorization Document, or “EAD”). Do not assume your status will be extended.
- Once the termination takes effect, your protection from removal and your work authorization will end. You may fall out of legal status unless you hold another status or obtain one.
- Many long-term TPS holders qualify for other options — such as a family- or employment-based green card, adjustment of status, asylum or other relief. Whether you qualify depends on your individual circumstances, and timing matters. It is best to explore these options now, well before your protection ends.
If You Employ Haitian or Syrian TPS Holders
- Identify which of your employees are working based on TPS from Haiti or Syria and note their work-permit expiration and termination dates.
- When a TPS-based work permit expires and is not extended, you must reverify the employee’s work authorization on Form I-9. Continuing to employ someone without valid authorization creates legal exposure.
- Base any reverification on the actual expiration of work authorization — not on an employee’s nationality — and apply the same process to everyone to avoid discrimination concerns.
- For employees you want to retain, consider whether another work option (such as an H-1B or other employer-sponsored category) is available before their authorization lapses.
Recommended Next Steps
- Identify everyone — yourself or your employees — relying on Haitian or Syrian TPS.
- Confirm the exact termination and work-permit expiration dates.
- Explore alternative immigration options as early as possible.
- Employers: prepare a consistent I-9 reverification plan.
- Stay alert for further government guidance.
How Harris Beach Murtha Can Help
Harris Beach Murtha Cullina’s Immigration Practice Group is advising individuals and employers on what this decision means for them, including alternative paths to lawful status and I-9 compliance. For guidance specific to your situation, please contact L.J. D’Arrigo at (518) 701-2770 and ldarrigo@harrisbeachmurtha.com, or the Harris Beach Murtha attorney with whom you most frequently work.
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This alert does not purport to be a substitute for advice of counsel on specific matters.
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