SCOTUS clears path for TPS terminations—What employers need to do now

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 temporary protected status (TPS) designations. This decision clears the way for DHS to move forward with terminating TPS protections for several countries. Here’s what employers who employ individuals with TPS designations need to know.

What is TPS, and what did the courts say?

TPS designations can be issued by DHS to certain countries experiencing conditions that make returning to those countries unsafe, such as war or natural disasters. This designation provides eligible nationals from these countries temporary immigration status so they can reside and sometimes work in the United States. DHS had previously issued TPS designations (and extensions) for Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen.