After Mullin v. Doe: The HR Playbook for Every TPS Termination

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.

What the Supreme Court Decided in Mullin v. Doe

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.

Who's Affected by TPS 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.

Current Status (as of June 2026)

Haiti and Syria — I-9 placeholder date: As of publication (June 26, 2026), USCIS has not issued post-ruling employer guidance. The operative I-9/E-Verify date for Haiti and Syria TPS EADs remains July 1, 2026 — the placeholder USCIS set in March 2026. Until post-termination guidance issues, do not reverify or take adverse employment action. Monitor USCIS I-9 Central, the USCIS TPS Haiti page, and the USCIS TPS Syria page.

Downstream countries: As of June 2026, district court stays remain in place for Burma, Somalia, Ethiopia, and South Sudan. Armed with Mullin v. Doe, the government is expected to seek dissolution. Apply the same category-code audit to any A(12) or C(19) EADs for these countries now.

What to watch: Federal Register notices confirming effective termination dates for Haiti and Syria; dissolution motions for Burma, Somalia, Ethiopia, and South Sudan stays; renewed termination proceedings for El Salvador or Ukraine. i9 Intelligence will update this section as USCIS guidance and Federal Register notices publish.

The IER Trap: How HR Teams Get TPS Wrong

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.

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.

Get Ahead of the Next TPS Termination

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.

The Post-Termination HR Playbook

These steps apply whenever a TPS designation is terminated — regardless of country or date.

1. Run a category-code audit, not a nationality audit. Pull every Form I-9 with an EAD bearing category code A(12) or C(19). Do not pull records by country of birth — that is the path to IER liability. Flag expiration dates and any "as per court order" notation. Include A(12) and C(19) EADs from countries with pending stays in the same queue.
2. Monitor USCIS I-9 Central until post-termination guidance issues. The operative compliance date is set by USCIS — not by the court ruling or the Federal Register notice. Check uscis.gov/i-9-central and USCIS country TPS pages after each ruling. Retain each update with the affected employee's I-9 file. Do not reverify until USCIS instructs.
3. Brief managers in writing and document your compliance posture. A manager who starts a termination process after hearing TPS ended creates IER exposure without realizing it. Brief every relevant manager: authorization dates remain operative until USCIS guidance issues; no termination, suspension, or document demand until HR and legal direct otherwise. Write a dated memo documenting that you audited by category code, identified the affected population, and are awaiting USCIS guidance. That record protects you on both ends of the trap.
4. Notify affected employees as a referral to immigration counsel — not a termination warning. Employees facing work authorization loss need lead time for alternative pathways: H-1B, L-1, family petitions, asylum, adjustment of status. These processes take months. Frame every communication as a referral, not a countdown to termination.
5. Monitor downstream-risk countries continuously. After each termination, check the AILA TPS status chart and federalregister.gov for dissolution motions and new termination notices. Add any newly exposed country to the audit queue immediately.

"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."

What to Watch Going Forward

• USCIS post-termination guidance. After each TPS termination, USCIS issues updated I-9 Central instructions setting the operative EAD expiration date and reverification timeline. That guidance — not headlines, not court orders — is the compliance trigger. Monitor I-9 Central and country-specific USCIS TPS pages directly.
• Federal Register termination notices. The DHS notices for Haiti (90 Fed. Reg. 54733) and Syria (90 Fed. Reg. 45402) are on record. Watch federalregister.gov for notices confirming effective dates and for new notices affecting El Salvador, Ukraine, or other countries. Renewed judicial relief is foreclosed by § 1254a(b)(5)(A).
• Motions to dissolve remaining stays. Burma, Somalia, Ethiopia, and South Sudan carry district court stays issued under the same legal theory the Supreme Court rejected. Monitor case dockets for dissolution motions in their respective circuits.
• Alternative pathway timelines. H-1B petitions, green card sponsorship, L-1 transfers, and adjustment of status require months of lead time. For key employees on terminated designations, start the pathway conversation early.
• Congressional action. Congress can grant permanent residency to TPS holders, re-designate countries for TPS, or amend § 1254a to restore judicial review. No legislation with sufficient support has been identified as of publication. Monitor Congress.gov.

i9 Intelligence will update the comprehensive TPS employer guide and the Current Status section above as USCIS guidance issues. Contact our team with questions:

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