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What employers should know about recent TPS changes

September 2026 employment law letter
Authors: 

Christopher T. Nelson, Axley LLP

On June 25, 2026, the United States Supreme Court issued its decision in Mullin v. Doe, in which the Court allowed the Trump administration to proceed with the termination of temporary protected status (TPS) designations for Haiti and Syria. Under the TPS statute, which was enacted in 1990, the Department of Homeland Security (DHS) Secretary may designate a country for TPS if there’s an ongoing armed conflict in the country, if there has been a natural disaster resulting in substantial disruption of living conditions in the country, or if there are extraordinary conditions in the country that prevent nationals from returning there safely. Haiti was designated for TPS in 2010, following a devastating earthquake. Syria was designated for TPS in 2012 during its civil war.

Supreme Court allows TPS terminations to proceed

In September 2025, the Trump administration announced termination of TPS designation for Syria. In November 2025, it announced termination of TPS designation for Haiti. Syrian and Haitian nationals sued to stop termination of the designation and obtained interim relief in federal district courts, postponing the terminations. 

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