USCIS 2026 TPS Alert: New Placeholder Dates Issued After Supreme Court Ruling

Following the Supreme Court's decision in Mullin v. Doe, which cleared the path for DHS to terminate Temporary Protected Status (TPS) designations, USCIS issued critical clarifying guidance on July 10, 2026. The guidance confirms that affected TPS beneficiaries may continue to rely on TPS-related employment authorization documents (EADs) while existing court injunctions remain in place. USCIS has issued new placeholder dates extending TPS-based work authorization through July 17, 2026 for Myanmar (Burma), Ethiopia, Syria, South Sudan, Somalia, and Yemen, and through July 24, 2026 for Haiti. USCIS emphasizes these are placeholder dates only — not deadlines for termination — and may be updated as litigation and implementation proceed. For employers, the guidance distinguishes between new hires and existing employees. New hires presenting an impacted TPS EAD (category codes A12 or C19) require employers to enter 'as per court order' in Form I-9 Section 1 and the applicable placeholder date in Section 2. Existing employees with TPS EADs should not be suspended or terminated at this time. DHS is actively seeking to dissolve remaining court injunctions. If successful, affected individuals would lose TPS-based authorization to live and work in the U.S. unless they qualify for another immigration status. Employers with large TPS populations are urged to develop reverification plans now, as timelines could be compressed once injunctions lift. State-level protections also apply: Illinois, Washington, and other states maintain immigration status protections that may cover TPS holders. Employers considering any employment decisions based on anticipated future work authorization loss should consult immigration counsel before acting.