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i9 Intelligence vs. Tracker I-9 (Mitratech): Remote Verification and Pricing Compared
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In Mullin v. Doe, decided June 25, 2026 (Docket No. 25-1083, consolidated with 25-1084), the Supreme Court ruled 6–3 to eliminate virtually all federal court review of TPS termination decisions. The holding — that 8 U.S.C. § 1254a(b)(5)(A) forecloses judicial challenges to TPS designation, termination, or extension decisions — is settled law, and every future termination will arrive without a litigation backstop. For HR teams, that means the compliance window on every future termination is shorter, sharper, and entirely a workforce management problem.
The ruling creates a trap with two jaws: move too early and you face anti-discrimination liability under 8 U.S.C. § 1324b, enforced by the DOJ's Immigrant and Employee Rights Section (IER); wait too long after USCIS guidance issues and you face employer sanctions under 8 U.S.C. § 1324a. The discipline that keeps employers out of both jaws is the same whenever a TPS country gets terminated: audit by document category code, not by nationality — and act on USCIS guidance, not headlines.
The consolidated cases arose from TPS terminations for Syria (90 Fed. Reg. 45402) and Haiti (90 Fed. Reg. 54733). District courts had blocked those terminations with interim stays. The Supreme Court reversed both orders 6–3. Justice Alito wrote the majority, joined in full by Chief Justice Roberts, Justice Thomas, and Justice Kavanaugh; Justices Gorsuch and Barrett joined except Part III-A (the equal protection section).
The majority held that § 1254a(b)(5)(A)'s judicial review bar covers both substantive and procedural challenges to termination decisions: the text "is clear, and its plain meaning is very broad." The Court also held the Haitian equal protection claim was unlikely to succeed. Justice Thomas concurred separately to argue even constitutional claims are barred. Justice Kagan dissented, joined by Justices Sotomayor and Jackson: "The majority asserts that the Secretary's compliance with the TPS statute is in every respect unreviewable by the courts. But in fact the statute allows judicial review of whether the Secretary adhered to the procedures it mandates — which is what the plaintiffs dispute here." The full opinion is on the Supreme Court's website. No further injunctive relief is available; this holding governs all future terminations.
The relevant I-9 population is any employee whose Form I-9 Section 2 shows an EAD with category code A(12) or C(19) — the TPS-based work authorization codes. Country of birth is not the criterion. For a full breakdown, see the comprehensive TPS employer guide.
| Country | Est. Holders | Status After Mullin v. Doe |
|---|---|---|
| Haiti | ~350,000 | District court stay in place (D.D.C.); EADs extended to July 10, 2026 per July 1 USCIS guidance |
| Syria | ~6,132 | District court stay in place (S.D.N.Y.); EADs extended to July 10, 2026 per July 1 USCIS guidance |
| Venezuela | ~600,000 | Stays previously dissolved by SCOTUS (May 2025, Noem v. NTPSA); reinforced by this ruling |
| Burma, Somalia, Ethiopia, South Sudan, Yemen | ~20,000–35,000 combined | District court stays in place; EADs extended to July 10, 2026 per July 1 USCIS guidance; Mullin removes the legal basis for the underlying stays |
| El Salvador | ~200,000 | Valid through September 9, 2026; monitor USCIS for any termination notice |
| Ukraine | ~50,000 | Only fully active, unterminated TPS at time of the July 1, 2026 guidance; extended through October 19, 2026 |
On July 1, 2026, E-Verify and USCIS issued unified Form I-9 and E-Verify instructions for all seven countries with active or contested TPS designations — Haiti, Syria, Burma, Somalia, Ethiopia, South Sudan, and Yemen. The rule is the same across every country: enter "as per court order" in Form I-9 Section 1, July 10, 2026 in Section 2, and July 10, 2026 in E-Verify. USCIS characterizes the extension as "limited relief until the lower courts align with the U.S. Supreme Court's favorable decision in Mullin v. Doe." That framing signals the July 10, 2026 date is a placeholder, not a final termination date.
What the July 1 guidance means operationally: Every employer with A(12) or C(19) EADs from any of the seven countries has one unified date to enter and one unified process to run while the district court stays remain in place. That is the window to standardize your Supplement B workflow — the next USCIS update will come country-by-country as each district court stay dissolves under Mullin.
Governing court cases: Haiti — Miot et al. v. Trump et al., 25-cv-02471-ACR (D.D.C.). Syria — Dahlia Doe v. Noem, 25-cv-8686 (S.D.N.Y.). Burma — Aung DOE et al. v. Noem et al., 25-cv-15483 (N.D. Ill.). Somalia, Ethiopia, South Sudan — African Communities Together et al. v. Noem et al. (D. Mass., three separate dockets: 26-cv-11201, 26-cv-10278-BEM, and 25-cv-13939-PBS). Yemen — Doe v. Noem et al., 26-cv-2103 and 26-cv-2280 (S.D.N.Y.). For the country-specific EAD lists and Form I-9 mechanics, see the comprehensive TPS employer guide.
What to watch: Motions to dissolve each district court stay citing Mullin v. Doe; country-specific USCIS follow-up guidance replacing the July 10, 2026 placeholder; renewed termination proceedings for El Salvador (valid through September 9, 2026) or Ukraine (extended through October 19, 2026); Federal Register notices confirming post-dissolution effective dates. i9 Intelligence will update this section as each USCIS follow-up issues.
Acting too early — § 1324b exposure. Until USCIS post-termination guidance issues and authorization lapses, affected employees remain lawfully authorized. Terminating, suspending, demanding new documents from, or singling out employees because of their TPS status or national origin before authorization lapses violates 8 U.S.C. § 1324b, enforced by the DOJ Immigrant and Employee Rights Section (IER). This covers citizenship status discrimination, national origin discrimination, and unfair documentary practices. A supervisor who hears that SCOTUS ended TPS and starts termination paperwork has already created IER exposure.
Acting too late — § 1324a exposure. Once USCIS sets a hard date, continuing to employ a worker without valid documentation creates civil and criminal liability under 8 U.S.C. § 1324a. Missing the reverification deadline is a knowing-employment violation, not a paperwork error.
| Action | Before USCIS Guidance Issues | After USCIS Sets Hard Date |
|---|---|---|
| Audit by nationality (Haitian or Syrian workers) | No — IER exposure | No — IER exposure |
| Audit all A(12) / C(19) category-code EADs | Yes — IER-safe | Yes — required |
| Reverify or demand new documents before guidance issues | No — premature | N/A — guidance has issued |
| Document your dated compliance posture in writing | Yes — immediately | Yes — continue |
| Terminate TPS employees on the ruling alone | No — IER violation | No — wait for USCIS lapse date |
| Continue employment after authorization lapses without reverification | N/A | No — § 1324a violation |
For I-9 recording mechanics and reverification procedures, see the Haiti TPS I-9 instructions guide and I-9 reverification: when, how, and the penalties for getting it wrong.
With Mullin v. Doe settled, every future TPS termination hits without a litigation buffer. The teams that run a standing A(12)/C(19) audit and know their affected population before the headline drops will act correctly when USCIS guidance follows. i9 Intelligence's I-9 audit services are built for exactly this scenario — a fast-moving deadline, a large affected population, and a narrow IER-safe window. To discuss your exposure, schedule a free compliance call.
These steps apply whenever a TPS designation is terminated — regardless of country or date.
"The discipline is pulling records by category code the moment a country's TPS is terminated — not by nationality, not after guidance drops, not when the deadline is a week out. The teams that run a clean A(12) and C(19) audit as a standing practice will hit every USCIS deadline cleanly. The ones that wait will be reverifying on an accelerated clock with no margin for error, and that's when substantive violations happen," says Patricia Duarte, Director of Compliance at i9 Intelligence. "Category-code audits are the job every time a termination hits."
i9 Intelligence will update the comprehensive TPS employer guide and the Post-Mullin Operational Update section above as each USCIS follow-up issues. Contact our team with questions:
Phone: (713) 668-6200 — Monday through Friday, 8 AM – 5 PM CT
Email: support@i-9intelligence.com
Submit a ticket: www.i-9intelligence.com/submit-a-ticket