2026 Supreme Court TPS Ruling Alert: Work Authorization Extended to July 10 for 7 Countries

The U.S. Supreme Court's decision in Mullin v. Doe has fundamentally reshaped the legal landscape for Temporary Protected Status (TPS) holders across the United States. The Court ruled that most decisions by the Secretary of Homeland Security to designate or terminate TPS are not subject to judicial review, effectively removing a critical legal safeguard that TPS holders had long relied upon to challenge terminations in court. In the immediate aftermath, USCIS updated work authorization deadlines for TPS holders from seven countries — Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen — extending employment authorization through July 10, 2026. This is a short-term administrative stopgap, not a long-term extension of TPS benefits, and USCIS has warned that guidance could change at any moment as lower courts unwind existing injunctions. For employers, the compliance requirements are urgent. Klasko Law recommends immediately remediating Section 2 of Form I-9 for all affected TPS employees, updating expiration dates to July 10, 2026, and adding a memo to file documenting the court-ordered extension. Employers should also consider reverifying I-9s at regular intervals given the rapidly shifting guidance. The ruling's reach extends well beyond Haiti and Syria. Because the Mullin decision effectively forecloses APA-based challenges to TPS terminations, nationals from El Salvador, Lebanon, Sudan, Ukraine, Venezuela, and other TPS-designated countries now face heightened risk. Countries where litigation stays were tied to the Mullin outcome — including South Sudan, Somalia, Burma/Myanmar, Ethiopia, and Venezuela — are particularly vulnerable to imminent rollbacks. For EB-3 applicants and employment-based immigrants, this ruling is a signal of the broader immigration enforcement environment in 2026. TPS holders who had been building paths toward permanent residency now face compressing timelines and must work closely with immigration counsel to evaluate alternative relief options, including adjustment of status or other employment-based pathways if eligible.