Employer Compliance Considerations for Haiti TPS
On June 25, 2026, the U.S. Supreme Court issued its decision in Mullin v. Doe, holding that the TPS statute bars judicial review of nonconstitutional challenges to the Secretary of Homeland Security’s decisions concerning the designation, extension, or termination of a country’s Temporary Protected Status. The Court also concluded that the plaintiffs challenging the termination of Haiti’s TPS designation were unlikely to succeed on their equal protection claim and therefore were not entitled to interim relief.
Although the decision cleared the way for the government to terminate Haiti’s TPS designation, it did not cause TPS and related employment authorization to end immediately. Further action by the lower court is required to implement the Supreme Court’s ruling. On July 1, 2026, U.S. Citizenship and Immigration Services updated its SAVE guidance to state that Haitian TPS beneficiaries will retain TPS and employment authorization under the existing court order, with July 10, 2026, currently listed as the employment-authorized-through date. This date may be updated again as the case returns to the lower court.
SAVE, which stands for Systematic Alien Verification for Entitlements, is a USCIS-operated online service used by registered federal, state, and local government agencies to verify an individual’s immigration status or U.S. citizenship when administering certain public benefits, licenses, and similar programs. SAVE is distinct from E-Verify and does not itself grant immigration status or employment authorization. Nevertheless, the July 1 SAVE announcement reflects DHS’s current position concerning the validity of Haiti TPS and related EADs.
July 1, 2026, is not the expiration date for Haiti TPS-based employment authorization. At present, affected employees may continue working through July 10, 2026, unless USCIS issues superseding guidance. Employers may wish to identify employees relying on Haiti TPS-based authorization, review their Form I-9 records, determine whether they possess any alternative basis for employment authorization, and closely monitor USCIS’s I-9 Central, E-Verify, and Haiti TPS webpages for further instructions. Employers may not suspend or terminate an affected employee solely because the previously announced July 1 date has passed.