For Haitians with Temporary Protected Status (TPS), the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have temporarily extended the validity of employment authorization documents (EADs) through July 24, 2026.
This specific extension is being used as temporary, interim relief while lower federal courts take the required procedural steps to align their active injunctions with the U.S. Supreme Court’s ruling in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026.
In Mullin v. Doe, the Supreme Court ruled 6-3 that federal courts are statutorily barred from reviewing nonconstitutional decisions by DHS to terminate a country’s TPS designation. This effectively lifted the lower court injunctions that had been protecting Syrian and Haitian TPS holders, giving the administration permission to proceed with terminations.
The July 24 date is a short-term placeholder. Advocates and agencies warn that once the lower courts formally dissolve the underlying stays in the coming weeks, affected individuals may see their current TPS benefits fully expire or transition toward the conclusion of those country designations.
For employers, USCIS and E-Verify have provided explicit instructions for I-9 compliance. Employers can find guidance on how to record these temporary, court-ordered extensions by consulting the resources on the USCIS TPS Haiti Webpage.
While this immediate timeline affects only the Haitian and Syrian cases addressed in Mullin, the sweeping ruling is expected to impact the pending and future terminations of roughly 1.3 million TPS holders across approximately 10 other country designations, including Burma, Ethiopia, and Somalia.
The following is the announcement issued by USCIS:
“Update on Termination of Temporary Protected Status for Haiti (Release: July 10, 2026)
This guidance supersedes the SAVE Termination of TPS for Haiti message posted on July 1, 2026.
The TPS designation of Haiti and related benefits was set to terminate on Feb. 3, 2026. However, on Feb. 2, 2026, the U.S. District Court for the District of Columbia issued an order staying the termination of TPS for Haiti. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).
TPS Haiti beneficiaries will keep their status and employment authorization, and their documentation will remain valid per the above court order. Forms I-766, Employment Authorization Documents, (EADs) with category A12 or C19 remain valid and are extended. The extension is limited relief until the lower courts align with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026. Refer to the EAD Extension dropdown on the TPS Haiti webpage for EAD expiration dates that are extended pending the resolution of the litigation.
SAVE will verify if an alien has received an approval for TPS that has not been withdrawn using information from any TPS-related document, such as a Form I-797, Approval Notice, or Form I-797C, Notice of Action. TPS beneficiaries will receive a SAVE manual response of:
- “Temporary Protected Status – Employment Authorized – Temp Emp Auth”;
- The employment authorized through date will be the Employment Authorization Document (EAD) expiration date of “July 24, 2026“; and
- DHS Comments “TPS and employment authorization are extended per court order. Please check the USCIS TPS Haiti webpage regularly for updates.”
As this matter is in active litigation, the status of the individual’s TPS and employment authorization is dependent on developments in the litigation. User agencies should therefore check the USCIS TPS Haiti webpage regularly for updates…”
