On June 25, the U.S. Supreme Court ruled in a 6-3 decision in
Mullin v. Doe, that the Trump administration may move forward with ending Temporary Protected Status (TPS) for nationals of Haiti and Syria. The Court reversed lower court rulings that had prevented the Department of Homeland Security (DHS) from implementing the terminations while litigation was pending. The Court also held that the Immigration and Nationality Act generally bars judicial review of non-constitutional challenges to TPS termination decisions.
As a result of the ruling, DHS may proceed with terminating TPS for eligible Haitian and Syrian nationals. Once effective, affected individuals could lose their employment authorization and may become subject to removal, unless they qualify for another lawful immigration status.
Individuals and employers impacted by this decision should monitor U.S. Citizenship and Immigration Services (USCIS) for implementation guidance, including effective dates and procedures. Those directly affected are encouraged to consult with a qualified immigration attorney to explore any remaining legal options or alternative pathways to lawful status.
The decision may also have broader implications for TPS designations affecting other countries. For example, the current TPS designation for El Salvador is scheduled to expire on September 9, 2026, although any future DHS actions regarding that designation would be subject to separate agency determinations.
The Secretary of Homeland Security may designate a foreign country for TPS when conditions in that country temporarily prevent its nationals from returning safely or when the country is unable to adequately receive returning nationals. USCIS may grant TPS to eligible nationals of designated countries who are already present in the United States. Eligible individuals without nationality who last habitually resided in a designated country may also qualify for TPS.
Additional analysis of the Court's decision is available through
SCOTUSblog.
AHCA/NCAL will continue to monitor developments and keep members informed of any significant updates related to this matter.