The U.S. Supreme Court ruled 6–3 in Mullin v. Doe that the executive branch may terminate Temporary Protected Status (TPS) designations and associated removal protections for Haitian nationals and Syrian nationals. The decision permits the Trump administration to proceed with ending TPS for those countries, subject to applicable notice and wind-down requirements.
The Court held that the administration acted within its statutory authority in rescinding TPS designations for Haiti and Syria, concluding that the Department of Homeland Security (DHS) may reassess and end TPS when it determines that country conditions no longer satisfy the statutory criteria.
Background on TPS and the Challenged Policy
Congress created TPS to allow nationals of designated countries to remain and work in the United States temporarily when armed conflict, environmental disaster, or other extraordinary conditions make return unsafe. Designations are made by DHS and must be periodically reviewed and, based on country conditions, extended, terminated, or redesignated.
Plaintiffs in Mullin v. Doe challenged DHS’s decisions, taken during the Trump administration, to terminate Temporary Protected Status and related removal protections for Haitian and Syrian nationals. They alleged that the terminations violated the governing statute and administrative law standards.
The Majority’s Holding and Reasoning
The majority concluded that DHS possesses broad discretion to designate and to terminate TPS in light of evolving country conditions. The Court determined that the statute grants the Secretary authority to revisit earlier findings and to withdraw TPS upon a reasonable determination that statutory prerequisites are no longer met. At a high level, the Court found the agency’s explanations sufficient and within the bounds of lawful decision-making, deferring to DHS’s assessment of the evidentiary record and its predictive judgments about current conditions.
Practical Implications
For affected individuals, the ruling means TPS protections for Haitian and Syrian nationals may be wound down, and work authorization tied to TPS may lapse upon the effective termination dates. Individuals may need to evaluate eligibility for other forms of relief or status, including family- or employment-based avenues, asylum or related protection, or departure planning, as applicable to their circumstances.
For DHS and USCIS, the decision clears the way to implement terminations, issue Federal Register notices, and undertake operational steps to update records, EAD validity periods, and related benefits processing, while maintaining compliance with any outstanding court orders and statutory notice requirements.
Next Steps and Timelines
DHS is expected to publish formal notices specifying effective dates, wind-down periods, and related employment authorization guidance. Agencies may provide brief automatic EAD extensions to facilitate an orderly transition and to allow time for notice and compliance steps. Parties may seek further relief in the lower courts on remaining claims consistent with the Supreme Court’s mandate, but the core legal question decided today limits the availability of injunctions against termination going forward.
Employers and beneficiaries should monitor official announcements from DHS, USCIS, and E-Verify, and consult with our immigration lawyers regarding case-specific timelines, options, and alternatives for purposes of employment authorization.
