2026 Supreme Court TPS Ruling Alert: Work Authorization Extended to July 10 for 7 Countries
Following Mullin v. Doe, the Supreme Court granted DHS near-unreviewable power to terminate TPS. USCIS extended work authorization for Haiti, Syria, and 5 other countries to July 10, 2026, while employers must update I-9 forms immediately.
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.
DHS has proposed sweeping changes to the EB-5 investor visa program implementing the 2022 Reform & Integrity Act, ending the 'troubled business' pathway and expanding fraud-detection powers. A 60-day public comment period is now open.
Following the Supreme Court's June 25 ruling, USCIS and E-Verify issued updated Form I-9 guidance for TPS holders from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen, using July 10, 2026 as the compliance date.
USCIS extended TPS-based EADs to July 10, 2026 for seven countries following the Supreme Court's Mullin v. Doe ruling. This is a temporary placeholder for I-9, E-Verify, and SAVE compliance, not a final termination date.