Supreme Court Ruling Alters TPS for Haitian and Syrian Immigrants
The U.S. Supreme Court’s decision on June 25, 2026, in Marin v. Doe grants the Department of Homeland Security (DHS) the authority to terminate the temporary protected status (TPS) of Haitian and Syrian immigrants. As a result, these individuals may lose their rights to work in the United States, thereby imposing immediate compliance requirements on employers who employ TPS-authorized workers.
While the ruling specifically affects Haitian and Syrian migrants, its implications extend to a broader range of TPS-designated countries. Employers with TPS employees from other nations should proactively prepare for potential agency actions, litigation, and guidance that may affect employment approvals, Form I-9 revalidation processes, and retention strategies.
Understanding the Role of TPS
TPS is a humanitarian immigration status that permits nationals from designated countries to temporarily reside in the U.S. when conditions in their home countries make repatriation unsafe or impractical. During the effective period of TPS, beneficiaries are safeguarded against job termination and can obtain employment authorization, permitting them to work legally in the United States. Haiti received TPS designation following the devastating earthquake in 2010, while Syria was designated during the recent civil conflict.
Although the DHS had initially announced plans to lift TPS for both countries, the lower courts issued a temporary stay, allowing legal challenges to unfold. The Supreme Court’s ruling has since removed these delays, affirming that TPS regulations limit judicial review over constitutional challenges regarding the Secretary of Homeland Security’s decisions related to TPS status.
As currently scheduled, Haiti’s TPS is set to expire on July 24, 2026, and TPS for citizens of Burma, Somalia, Yemen, Syria, Ethiopia, and South Sudan will end on July 17, 2026.
Employment Consequences Following TPS Termination
Upon the effective termination of TPS for a specific group, employees’ work authorizations will also end unless they have alternative valid documentation. Employers should be cautious in making assumptions regarding the impact on all employees from Haiti, Syria, or any other TPS-designated nations, as each individual’s situation may vary based on their unique documentation and immigration status.
It is critical for employers to center their focus on whether the employee has valid work authorization, instead of making generalized decisions based on nationality. Taking action based solely on citizenship, immigration status, or perceived ethnicity could lead to allegations of unlawful discrimination under various federal, state, and local laws.
Form I-9 and Revalidation Steps
Employers are encouraged to conduct a comprehensive review of their Form I-9 records to identify employees holding TPS-related employment authorization. This can be accomplished through a straightforward self-audit. Should an employer discover that an employee’s TPS has been revoked, they must reverify that employee’s authorization to work in the U.S.
It is vital for employers to wait for current government approvals before implementing any changes to TPS-related expiration dates, extensions, or revalidation timelines. Keeping abreast of legislative shifts is essential for compliance—revalidation should occur only when necessary and consistently applied. Employers can remind affected employees about the impending expiration of documents; however, they should refrain from requesting specific documentation beyond what I-9 regulations permit.
Essential Employer Action Steps
Employers should take a proactive stance by auditing upcoming expiration dates of TPS authorizations and other expired documents. It’s imperative to regularly monitor official updates from DHS, USCIS, the Federal Register, and I-9 Central concerning Haiti, Syria, and other TPS-relevant countries. Human resources personnel should receive training on anti-discrimination rules, document selection processes, and the distinctions between general immigration law changes and individual employee work authorizations.
Effective communication is key; employers should issue neutral reminders regarding document expirations and reverification duties without delving into requests for specific documents or immigration options unless necessary. Before taking actions that could affect employees’ work status, it’s advisable for employers to consult with legal professionals to ensure compliance and mitigate risk.
Future Implications of the Court’s Decision
The Supreme Court’s ruling indicates that disputing TPS terminations in court may become increasingly challenging, particularly if such claims focus on statutory or procedural grounds rather than constitutional arguments. Consequently, employers should anticipate that compliance issues related to TPS will evolve and vary from country to country.
The best course of action for employers is to establish a rigorous, documentation-driven compliance protocol that ensures consistent treatment of employees while adhering to the latest guidance from government agencies. Organizations employing TPS-certified individuals need to act promptly to assess any potential risks, maintain compliance, and minimize operational disruptions.
As the legal landscape continues to shift, employers are strongly encouraged to work with experienced employment attorneys prior to making decisions regarding employee work authorizations under TPS.
About the Author: Robert Brody is the Managing Partner of Brody & Associates LLC, founded in 1997. Previously, he served as managing partner at Jackson Lewis, one of the largest labor and employment law firms in the U.S. Matthew Chiota is an associate at Brody & Associates LLC, offering counsel on labor, employment, and benefits law issues.
