The Supreme Court decision in Mullin v Doe cleared the way for DHS to terminate TPS designations for Haiti, Syria, and potentially other countries. The ruling establishes broad precedent for executive-branch authority over TPS decisions and significantly limits judicial review of termination determinations. The Court held that TPS termination decisions are committed to the Secretary of Homeland Security’s discretion and are largely insulated from judicial review. Approximately 350,000 Haitian and roughly 6,000 Syrian TPS holders are directly affected.

The aftermath has been marked by compliance whiplash. Following the ruling, DHS issued a series of shifting EAD expiration dates—initially July 1, then July 10, then July 24, 2026 for Haiti and July 17 for Syria (with the same July 24 date later extended to Somalia, Yemen, South Sudan, Ethiopia, and Burma). On July 10, 2026, USCIS issued guidance confirming that affected TPS beneficiaries may continue relying on TPS-related employment authorization during the pendency of current court orders and the implementation process. USCIS published new “placeholder dates” extending EAD validity for category codes A12 and C19: through July 17, 2026 for Myanmar (Burma), Ethiopia, Syria, South Sudan, Somalia, and Yemen; and through July 24, 2026 for Haiti. These dates are placeholders only not deadlines for suspension or termination of work authorization. DHS may update them as remaining litigation and implementation efforts proceed. 

Employers should immediately audit their workforce for Haitian, Syrian, and other affected-country TPS holders, track shifting EAD expiration dates via E-Verify and I-9 Central, and avoid premature termination before the actual work-authorization expiration date to limit discrimination exposure under the anti-discrimination provisions of INA §274B. Further, Barnes & Thornburg recommends employers relying on TPS-authorized workers from any designated country should begin contingency planning now for potential future terminations and evaluate alternative immigration status options.

For more information, please refer to the prior Barnes & Thornburg alert: Supreme Court Clears the Way to End Temporary Protected Status for Haiti and Syria: What Employers Need to Know.

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