Termination Of Temporary Protected Status Sets Precedent And Creates Compliance Whiplash

The Supreme Court decision in Mullin v Doe cleared the way for DHS to terminate TPS designations for Haiti, Syria, and potentially other countries. The ruling establishes broad precedent for executive-branch authority over TPS decisions and significantly limits judicial review of termination determinations. The Court held that TPS termination decisions are committed to the Secretary of Homeland Security’s discretion and are largely insulated from judicial review. Approximately 350,000 Haitian and roughly 6,000 Syrian TPS holders are directly affected.

The aftermath has been marked by compliance whiplash. Following the ruling, DHS issued a series of shifting EAD expiration dates—initially July 1, then July 10, then July 24, 2026 for Haiti and July 17 for Syria (with the same July 24 date later extended to Somalia, Yemen, South Sudan, Ethiopia, and Burma). On July 10, 2026, USCIS issued guidance confirming that affected TPS beneficiaries may continue relying on TPS-related employment