Supreme Court allows DHS to proceed with TPS termination for Haiti and Syria
On June 25, 2026, the Supreme Court in Mullin v. Doe reversed the lower courts grant of interim relief to TPS beneficiaries who challenged the process by which the administration attempted to terminate TPS for Haiti and Syria. Based on the Supreme Court’s decision, the lower courts will soon lift their hold on the administration’s ability to terminate TPS. A narrow reading of the ruling is that it allows the administration to continue with its termination of TPS. As a technical matter, the Supreme Court’s ruling will be sent by their Clerk to the district court 32 days from the decision. Until then, the district court’s order in Moit et al. is legally still in effect. Since the termination process will now restart, the administration could come out with a new timetable for termination. With the future termination of TPS for Haiti, many thousands of individuals will soon be subject to removal and a loss of employment authorization.
On July 1, 2026, USCIS published on its website that Haitians with TPS will have employment authorization until at least July 10, 2026. See the USCIS news alert here.
Automatic Employment Authorization Document (EAD) Extension
The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti with an original expiration date of February 3, 2026, August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017 is extended per court order. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).
Against this legal backdrop, there seems to be a movement in Congress to protect Haitian TPS holders. A bi-partisan bill (HR 1689) passed the House several weeks ago to that effect and Senator Ed Markey (D-MA) introduced a similar bill in the Senate. Since so many non-Haitians will be impacted by this ruling there is the potential for a legislative solution. Iandoli Desai & Cronin highly encourages constituents to contact their federal legislators to voice their support for TPS.
Iandoli Desai & Cronin also shares the heartfelt sentiment of American Immigration Lawyers Association President, Jeff Joseph, who stated in a press release on June 25, 2026:
“Temporary Protected Status exists because people cannot safely return home to countries that have been devastated by war, political instability, natural disasters, humanitarian crisis, and the collapse of essential infrastructure. Even the Department of State says that no part of Syria is safe, and has issued security advisories due to unrest in Haiti. Conditions are likely to remain so for the foreseeable future. Yet, the Supreme Court’s decision today could force these individuals back to these devastating conditions in a matter of days. It also allows the Administration to arbitrarily terminate all other TPS designations with impunity going forward. There are more than a million people with TPS who are legally working and living in the United States. They are our neighbors, coworkers, business owners, healthcare workers, caregivers, parents, and community leaders. Many have built their lives in the United States, raised U.S. citizen children, purchased homes, started businesses, and contributed billions of dollars to our economy. We are also eliminating potentially hundreds of thousands of workers from our payrolls in jobs going unfilled by US workers. Today's decision is not merely a legal setback; it is a catastrophic loss.”