Supreme Court Rules DHS May Terminate TPS for Haiti and Syria: What Employers Need to Know

Updated: June 30, 2026

On June 25, 2026, the U.S. Supreme Court ruled that the Department of Homeland Security (DHS) may move forward with terminating Temporary Protected Status (TPS) for nationals of Haiti and Syria, allowing the government to implement previously announced terminations while related litigation continues. The decision affects more than 350,000 work-authorized individuals and has significant implications for employers across the country who rely on TPS beneficiaries as part of their workforce.

Although the Supreme Court’s ruling gives DHS the legal authority to proceed, it does not immediately end TPS or employment authorization for affected individuals. DHS and U.S. Citizenship and Immigration Services (USCIS) are expected to issue additional guidance outlining official termination dates, Employment Authorization Document (EAD) validity, and Form I-9 compliance requirements before employers should take employment-related action.

Understanding the Supreme Court’s Decision

Temporary Protected Status is a humanitarian program that allows eligible nationals from designated countries experiencing armed conflict, environmental disasters, or other extraordinary conditions to temporarily live and work legally in the United States.

The Supreme Court’s June 25 decision significantly limits the ability of federal courts to block DHS from terminating TPS designations. While the Court acknowledged that certain constitutional claims may still be brought, it determined that DHS has broad authority under federal immigration law to make TPS designation decisions. As a result, the government may now move forward with ending TPS for Haiti and Syria after issuing the necessary
implementation guidance.

What This Means for Employers

For employers, the decision serves as an important reminder to begin preparing for potential workforce changes while avoiding premature employment decisions.

At this time, employers should identify employees currently working under TPS by reviewing Form I-9 records and Employment Authorization Documents, particularly those issued under category codes A12 or C19. Because USCIS has automatically extended many TPS-related EADs over the past several years, employers may encounter numerous expiration dates on employee documentation. Careful review of existing I-9 records is essential before any
reverification efforts begin.

Once DHS and USCIS announce official termination dates, employers will be required to complete Form I-9 reverification for affected employees. Individuals must be given the opportunity to present alternative documentation demonstrating continued work authorization if they qualify under another immigration category. Employers should not assume that a current TPS beneficiary will automatically lose authorization to work without first reviewing updated government guidance and the employee’s available documentation.

Workforce Planning Is Critical

The potential loss of TPS protections for Haitian and Syrian nationals may create staffing challenges for employers in industries that rely heavily on immigrant workers, including hospitality, construction, manufacturing, healthcare, agriculture, and food service.

Employers should begin evaluating workforce continuity plans, identifying positions that may be affected, and coordinating with human resources and management teams to prepare for possible staffing shortages. Organizations should also review their internal policies regarding Form I-9 compliance, employee leave, and employment authorization reverification to ensure they are prepared when DHS issues final implementation instructions.

Additional TPS Designations May Follow

While the Supreme Court’s ruling directly impacts TPS designations for Haiti and Syria, the Court’s reasoning is expected to influence litigation involving other TPS-designated countries.

DHS has previously announced termination decisions affecting countries such as Burma (Myanmar), Ethiopia, Somalia, South Sudan, and Yemen, and those designations could move forward as additional legal barriers are removed. Employers with workers from these countries should continue monitoring future DHS and USCIS announcements.

Stay Compliant

Federal law prohibits employers from knowingly continuing to employ individuals who are no longer authorized to work in the United States. At the same time, employers must avoid taking adverse employment action before official government guidance requires reverification or confirms that work authorization has expired.

Maintaining compliance requires timely Form I-9 reverification, consistent employment practices, proper documentation, and careful adherence to federal immigration and anti-discrimination laws. Acting too early or too late can both create legal exposure.

How Monty & Ramirez LLP Can Help

Monty & Ramirez LLP advises employers nationwide on business immigration compliance, Form I-9 requirements, ICE preparedness, workforce planning, and employment authorization issues. As DHS continues implementing changes to the TPS program, our attorneys can help employers understand their obligations, prepare for reverification, and develop practical compliance strategies that minimize legal risk while maintaining business operations.

If your company employs individuals with Temporary Protected Status or has questions about how the Supreme Court’s June 25, 2026 decision may affect your workforce, contact the experienced business immigration attorneys at Monty & Ramirez LLP. Our team is closely monitoring DHS and USCIS guidance and is available to help employers navigate these rapidly evolving developments with confidence.