Temporary Protected Status in Six Countries Remains Intact
A federal court has issued a temporary injunction preventing the termination of Temporary Protected Status (TPS) for individuals from Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria, and Yemen. This protective status, initially set to expire between November 2025 and May 2026, ensures that TPS beneficiaries in these regions continue to maintain their legal status and work permits during the litigation process.
Legal Status Upheld Amid Ongoing Litigation
As litigation continues, TPS beneficiaries in the aforementioned countries will retain their employment authorization and legal status. The U.S. Citizenship and Immigration Services (USCIS) will continue to verify employment authorizations related to TPS, including those issued under categories A12 and C19. Both categories will remain valid under this court order, allowing individuals to sustain their work eligibility through updated TPS guidance.
Understanding Employment Authorization Categories
Categories A12 and C19 refer to individuals granted TPS and those with pending TPS applications, respectively. USCIS recognizes both as linked to TPS-related employment verification and offers automatic extensions under these classifications. Employers should familiarize themselves with these categories to ensure compliance with current employment regulations.
Broader Legal Context Affects TPS Cases
Many of the ongoing legal actions concerning TPS are part of broader litigation expected to be revisited after the U.S. Supreme Court’s decision in Marin v. Doe, scheduled for June 25, 2026. This landmark ruling could have significant implications for TPS beneficiaries nationwide.
Future Guidance from USCIS and E-Verify
On July 17, 2026, USCIS and E-Verify will update their guidance to replace previous placeholder dates for countries affected by TPS. This will also provide interim compliance instructions for employers as litigation progresses. Should the district court lift its injunction and the Department of Homeland Security (DHS) proceed with TPS terminations, the employment authorization for the impacted beneficiaries may be discontinued without further judicial or agency intervention.
Considerations for Employer Compliance
Employers with employees whose TPS-related employment authorizations have been extended due to the court ruling should review their Form I-9. It’s crucial to ascertain whether revalidation is required. Employers should complete Appendix B (Revalidation and Rehiring) if necessary, and document the applicable employment authorization expiration dates in accordance with the court order.
Guidelines for Updating Form I-9
In line with recent USCIS and E-Verify guidance, when updating Form I-9, employers should: document the basis for the extension with notes such as “EAD EXT Court Order,” and maintain supporting documents relating to automatic or court-ordered extensions in employee records. It is important that employers do not request additional documentation beyond what is necessary for I-9 compliance and continue to follow anti-discrimination guidelines.
Jackson Lewis attorneys will monitor the evolving situation and provide updates as new guidance becomes available.
