A few weeks ago, one of our clients, a Haitian national working under Temporary Protected Status (TPS), contacted us with concerns after hearing reports that the U.S. Supreme Court had lifted injunctions blocking the termination of TPS designations for Haiti and Syria. Understandably, he was worried about losing his employment authorization and what that would mean for his ongoing role at his U.S.-based employer.

Important Notice
The Supreme Court’s decision clarified that the TPS statute limits judicial review over most nonconstitutional challenges to TPS designation and termination decisions. This means that the Department of Homeland Security (DHS) can now move forward with ending TPS for Haiti and Syria without being blocked by courts. However, the ruling itself does not immediately revoke employment authorization documents (EADs) nor does it set new deadlines for Form I-9 employment verification. DHS is expected to issue detailed guidance on implementation steps soon.

From our practical experience, this distinction is critical. We have seen clients prematurely stop working or employers incorrectly terminate employment due to misunderstandings of TPS status changes. USCIS regulations under 8 CFR §274a.12(c)(19) govern TPS employment authorization, and until DHS formally announces the termination timeline and EAD expiration dates, TPS holders remain authorized to work.

For employers, the key takeaway is to maintain compliance with Form I-9 verification requirements as usual. We encountered a case last month where an employer prematurely ended a TPS employee’s active status due to rumors of TPS termination, resulting in avoidable legal exposure and operational disruption. We advised the employer to await DHS announcements before making any employment decisions related to TPS status.

Attorney Insight
For TPS beneficiaries, especially those from Haiti and Syria who often have significant ties to U.S. companies, this ruling means they should continue renewing their EADs if still eligible and monitor DHS updates closely. We recommend logging into the USCIS TPS webpage regularly and subscribing to official DHS notifications. Given the complexity, clients with pending green card applications should consult on possible adjustment of status pathways that might be affected by TPS termination timelines.

In conclusion, while the Supreme Court’s ruling opens the door for DHS to proceed with TPS termination, the practical effect on employment authorization is pending further DHS guidance. We suggest that employers and TPS holders take two immediate actions: 1) Verify current EAD validity dates on Form I-797 approval notices; 2) Hold off on any employment status changes related to TPS until DHS releases formal implementation procedures. This measured approach avoids unnecessary disruptions and ensures compliance with federal regulations.

Attorney Insight
This development underscores the importance of staying informed and working with immigration counsel to navigate evolving TPS policies. Our firm will continue to monitor DHS announcements and share updates relevant to our clients’ employment and immigration status.

Data Sources

[1] U.S. Department of Homeland Security (DHS), dhs.gov [2] USCIS, uscis.gov [3] 8 CFR §274a.12(c)(19)