Published by the Connecticut Business & Industry Association
The U.S. Supreme Court’s June 25, 2026, decision in Mullin v. Doe allows the Department of Homeland Security (DHS) to terminate Temporary Protected Status (TPS) for Haitian and Syrian immigrants and thus revoke their right to work in the United States. For employers, the ruling creates immediate compliance and workforce-planning obligations for employees whose work authorization is based on TPS.
Although the decision directly addresses immigrants from Haiti and Syria, its practical reach is much broader. Employers with employees from other TPS-designated countries should expect continued agency activity, litigation, and country-specific guidance that may affect employment authorization, Form I-9 reverification obligations, and retention planning.
Background: What TPS Provides
Temporary Protected Status is a humanitarian immigration designation that allows eligible nationals of designated countries to remain temporarily in the United States when conditions in their home countries make return unsafe or impracticable. While TPS is in effect, beneficiaries may be protected from removal and may obtain employment authorization documents allowing them to work lawfully in the United States.
Haiti was designated for TPS following the 2010 earthquake, and Syria during their civil war. DHS later announced terminations of both designations, but lower courts temporarily delayed those terminations while litigation proceeded. The Supreme Court’s decision lifted those delays and held the TPS statute generally bars judicial review of nonconstitutional challenges to the Secretary of Homeland Security’s decision to designate or revoke TPS status. As it stands, TPS for Haiti will expire on July 24th, 2026 while TPS will expire for Burma, Somalia, Yemen, Syria, Ethiopia and South Sudan on July 17th, 2026.
Immediate Employment Impact
When TPS termination becomes effective for a particular group of employees, those employees’ employment authorization ends unless the employee has another valid basis for work authorization. Employers should not assume that all employees from Haiti, Syria, or any other TPS country are affected in the same way. Work authorization depends on each employee’s individual documentation, status, expiration date, and any applicable automatic extension or agency guidance.
Employers should also avoid taking premature or nationality-based action. The appropriate focus is not on an employee’s country of origin, but whether the employee continues to present valid work authorization under federal law. Decisions based exclusively on citizenship, immigration status, national origin, or perceived ethnicity may constitute illegal discrimination under federal, state, and local law.
Form I-9 and Reverification Considerations
Employers should review their Form I-9 records to identify employees whose employment authorization documents are based on TPS. This can be done through a simple self-audit. If you find employees whose TPS has been revoked, reverification of their authorization to work in the United States will be required. However, employers should wait for current government confirmation before applying any TPS related changed expiration date, automatic-extension rule, or reverification deadline, if any. It is the employer’s obligation to stay current on any such changes.
Reverification of an employee’s authorization to work in the United States should be handled consistently and only when required. Employers may remind affected employees of upcoming document expirations but should not demand specific documents or require more documentation than the I-9 rules permit. Employees choose which acceptable documents to present from the applicable lists of acceptable documents.
Recommended and Required Employer Action Steps
- Audit upcoming expirations. Identify employees with TPS-based authorization (and other expiring authorization documents) and calendar expiration dates.
- Monitor official guidance. Track DHS, USCIS, Federal Register, and I-9 Central updates for Haiti, Syria, and other TPS countries.
- Train HR staff. Ensure personnel understand anti-discrimination rules, document-choice rules, and the difference between a general immigration law development/change and an individual employee’s work authorization change.
- Communicate carefully. Provide neutral reminders about document expiration and reverification obligations without requesting specific documents or discussing immigration options unless appropriate.
- Coordinate with counsel. Seek employment counsel guidance before suspending, terminating, or placing any employee on leave due to work-authorization concerns.
- Plan for business continuity. Anticipate operational impact if affected employees cannot be reverified and consider lawful contingency plans, including cross-training.
Looking Ahead
The Supreme Court’s decision signals TPS terminations may be more difficult to challenge in court, particularly where claims are framed as statutory or procedural challenges rather than constitutional claims. As a result, employers should expect TPS-related compliance questions to remain fluid and country-specific. The safest approach is a disciplined, document-based compliance process that treats employees consistently and relies on current agency guidance.
Employers with TPS-authorized employees should act now to understand their exposure, preserve compliance, and reduce disruption. Because the legal landscape is evolving quickly, employers should consult experienced employment counsel before taking adverse action or making workforce decisions related to TPS-based work authorization.
Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560
