On June 25, 2026, the U.S. Supreme Court issued a significant immigration decision that will have immediate consequences for employers with workers authorized for employment through Temporary Protected Status (TPS). In a 6-3 decision, the court held that federal courts generally lack authority to review Department of Homeland Security (DHS) decisions terminating TPS designations, thereby allowing the government to move forward with ending TPS protections for Haiti and Syria and potentially accelerating the termination of TPS designations for other countries.
For employers, the ruling creates potential workforce disruptions and increases the importance of proactive I-9 compliance and workforce planning.
What Is TPS?
TPS is a humanitarian immigration program that permits designated foreign nationals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions to remain and work legally in the United States on a temporary basis. TPS beneficiaries typically receive Employment Authorization Documents (EADs) that allow them to work legally while their designation remains in effect.
Although TPS provides lawful presence and employment authorization, it does not provide permanent immigration status and remains subject to extension or termination by DHS.
What Did the Supreme Court Decide?
The Supreme Court concluded that the TPS statute largely bars judicial review of DHS decisions to terminate TPS designations. The ruling allows the government to proceed with TPS terminations notwithstanding ongoing legal challenges and significantly limits the ability of federal courts to delay or overturn such decisions.
The immediate effect of the decision is that TPS protections for Haitian and Syrian nationals may end according to DHS-established timelines unless affected individuals obtain another lawful immigration status or employment authorization. The decision is also expected to affect pending litigation involving TPS designations for other countries.
Why Does This Matter to Employers?
Employees working pursuant to TPS-based EADs may lose employment authorization if their TPS designation terminates and they do not secure an alternative basis for work authorization. Employers that continue employing individuals after work authorization expires may face I-9 compliance issues and potential penalties.
Employers in industries with significant TPS populations—healthcare, hospitality, construction, manufacturing, logistics, food processing, and agriculture—may experience staffing shortages and operational disruptions if affected employees lose authorization to work.
What Should Employers Do Now?
1. Review Your Workforce
Employers should identify employees whose work authorization is based on TPS while maintaining confidentiality and avoiding discriminatory practices. A workforce assessment can help determine the extent of potential business impact.
2. Review Form I-9 Records
Employers should review Form I-9 records to identify employees whose employment authorization may be affected by TPS terminations. Employers should ensure that reverification procedures are tracked accurately and that expiration dates are monitored.
3. Continue Following Existing EAD Expiration Dates
The Supreme Court’s decision does not authorize employers to immediately terminate employees based solely on TPS status. Employees remain authorized to work until their EAD expires or DHS issues guidance ending an automatic extension. Employers should continue relying on currently valid employment authorization documents and applicable government notices.
4. Avoid Discrimination
Employers should not single out employees for reverification based on citizenship, immigration status, national origin, or perceived TPS status. Any reverification must be conducted in accordance with standard I-9 procedures and applied consistently. This remains a critical compliance consideration.
5. Consider Workforce Contingency Planning
Organizations with significant TPS-dependent workforces should begin evaluating staffing alternatives, succession planning, recruiting needs, and business continuity measures in anticipation of potential future authorization expirations.
Looking Ahead
The court’s ruling is likely to have implications extending beyond Haiti and Syria. Legal challenges involving TPS terminations for other countries may face significant hurdles following this decision, increasing the likelihood that additional TPS populations could eventually lose work authorization.
Employers should closely monitor DHS and U.S. Citizenship and Immigration Services (USCIS) announcements regarding TPS termination dates, EAD expiration dates, and any automatic extensions that may affect their workforce. Future agency guidance will be critical to determining the precise timing and scope of employer obligations.
How We Can Help
Our Immigration & Naturalization and Employment practices are assisting employers with:
- TPS workforce impact assessments;
- Form I-9 audits and compliance reviews;
- Employment authorization reverification strategies;
- Workforce contingency planning;
- Employee communications; and
- Alternative immigration options for affected workers.
If you have questions regarding how this decision may affect your workforce, please contact the author or your Gordon Rees Scully Mansukhani attorney.