SCOTUS Clears Path for TPS Terminations – What Employers Need to Do Now

By Kayla E. Snider - Skoler Abbott P.C.

July 9, 2026

The Supreme Court of the United States (SCOTUS) recently decided in Mullin v. Doe that federal courts generally lack authority to review Department of Homeland Security (DHS) decisions to terminate TPS designations, clearing the way for the government to move forward with terminating TPS protections for several countries.   

In response, E-Verify released updated guidance on July 1, 2026, addressing how employers should complete Form I-9 and E-Verify records for affected TPS beneficiaries.

USCIS and E-Verify published updated instructions for TPS beneficiaries from: 

• Burma (Myanmar) 
• Ethiopia 
• Haiti 
• Somalia 
• South Sudan 
• Syria 
• Yemen

For all seven countries, employers are instructed to use July 10, 2026, as the current expiration date for Form I-9 and E-Verify processing purposes.  Importantly, the July 10 date is not necessarily the final termination date of employment authorization.  Rather, it serves as an interim compliance date while lower courts and DHS continue implementing the Supreme Court’s decision.

What Employers Should Do Immediately

1. Identify Potentially Affected Employees 
2. Review and update Form I-9 Documentation 
3. Do Not Terminate Employment Automatically 
4. Monitor Agency Updates Closely 

SCOTUS’s decision significantly strengthens DHS’s ability to terminate TPS designations, but employers should resist the urge to take immediate adverse action against affected employees.  For now, employers should focus on compliance, accurate recordkeeping, workforce planning, and continued monitoring of government guidance.  The legal landscape remains fluid, and additional developments are likely in the coming weeks. 

If you or your company have any questions about proper procedures for updating Form I-9s or TPS, EADs and/or Visas for an employee, consider contacting experienced employment-based immigration counsel.

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