On June 25, 2026, the United States Supreme Court delivered one of the most consequential immigration rulings of the term, holding 6–3 in Mullin v. Doe (No. 25-1083) and its companion case Trump v. Miot (No. 25-1084) that the Department of Homeland Security Secretary’s decisions to terminate Temporary Protected Status designations are not subject to judicial review. The ruling lifts the lower-court injunctions that had protected approximately 352,000 Haitian and tens of thousands of Syrian TPS holders since 2025, clearing the way for imminent termination of their work authorization and protection from removal.
What the Supreme Court Actually Ruled
Justice Samuel Alito, writing for the six-justice conservative majority, held that the TPS statute itself bars judicial review of non-constitutional challenges to the DHS Secretary’s decision to terminate a country’s TPS designation. In plain terms: federal courts cannot second-guess the executive branch’s decision to end TPS for a particular country, even when challengers argue the decision was arbitrary or politically motivated.
The majority also rejected the Haitian petitioners’ separate constitutional equal-protection claim — that the terminations were driven by racial animus — holding that any race-neutral rationale offered by the government is legally sufficient. Justice Elena Kagan dissented, joined by Justices Sotomayor and Jackson, arguing the ruling “contradicts the plain text” of the TPS statute and insulates the administration from accountability.
Critically, this ruling does not immediately terminate anyone’s TPS. A lower court must still issue an implementing order, a procedural step that typically takes approximately 32 days. However, DHS is moving quickly: agency guidance already lists July 1, 2026 as the work authorization expiration date for Haiti TPS holders in I-9 and E-Verify contexts.
Who Is Affected: Haiti vs. Syria TPS Holders
| Country | Estimated TPS Holders | Original Termination Date | EAD Expiration (Current Guidance) | Status After Ruling |
|---|---|---|---|---|
| Haiti | ~352,000 | February 3, 2026 (stayed by courts) | July 1, 2026 | Termination proceeding; lower court order needed (~32 days) |
| Syria | Tens of thousands | TBD post-ruling | DHS guidance pending | Same process as Haiti; court order forthcoming |
The Bigger Picture: 1.3 Million TPS Holders Nationwide
The Mullin v. Doe ruling has consequences far beyond Haiti and Syria.
The Supreme Court’s holding that TPS termination decisions are unreviewable effectively strips federal courts of the power to protect TPS holders from any country whose designation the administration chooses to end. Since 2025, the Trump administration has already terminated TPS for nationals of Venezuela, Honduras, Nicaragua, Nepal, Cameroon, El Salvador, and Afghanistan — affecting hundreds of thousands of people who have already lost their status or are in legal limbo.
Across all active and recently terminated designations, more than 1.3 million individuals have been or will be affected by the administration’s various TPS terminations. Advocates warn of widespread fraud and misinformation circulating in affected communities, as TPS holders seek guidance about work permit expiration timelines that vary by country and by the specific class of EAD issued.
What Must Haiti TPS Holders Do Right Now
| Action | Why It Matters | Urgency |
|---|---|---|
| Consult an immigration attorney immediately | Explore alternative status options — family petitions, employment-based green cards, asylum, cancellation of removal | 🔴 Critical — act now |
| Check your EAD expiration date | Current I-9 guidance lists July 1, 2026; your employer must update Form I-9 before that date | 🔴 Critical |
| Determine if you have a pending I-130 or I-485 | Existing family-based or employment petitions may provide a path to remain lawfully | 🟠 High priority |
| Evaluate asylum eligibility | If you face persecution in Haiti or Syria, a timely asylum application may provide protection | 🟠 High priority |
| Notify your employer of the ruling | Employers face legal exposure for continuing to employ workers whose EADs have expired | 🟡 Important |
| Beware of notarios and fraud | Scammers are targeting TPS holders with false promises of “emergency extensions” — use only accredited representatives | ⚠️ Caution |
What Comes Next: The 32-Day Implementation Timeline
The Supreme Court’s June 25 ruling does not immediately strip TPS holders of status. The lower courts that had issued injunctions must now enter implementing orders — a process that historically takes around 32 days. However, DHS has already begun signaling the implementation timeline by updating I-9 and E-Verify guidance to reflect a July 1, 2026 EAD expiration date for Haiti TPS holders. Employers and HR teams must update their I-9 records and conduct re-verification before that date for any Haiti TPS employee.
DHS is expected to issue formal Federal Register notices specifying exact termination dates and any transition grace periods. Watch for announcements in the coming days. Separately, the Supreme Court’s final term decisions — including the anticipated ruling on birthright citizenship, expected the week of June 30, 2026 — may further reshape the immigration landscape.
Related Articles
- TPS Haiti & Syria 2026: Complete Guide to Temporary Protected Status
- TPS Lebanon Auto-Extended Through November 27, 2026
- SCOTUS Rules 6-3: U.S. Can Block Asylum Seekers at the Border — Metering Policy Revived
- Adjustment of Status 2026: Complete Guide to Getting a Green Card Inside the U.S.
- Haiti TPS Terminated July 27, 2026: USCIS Confirms EADs Invalid — What to Do Next
