Workforce Update: Temporary Protected Status (TPS)

On June 25, the U.S. Supreme Court ruled in a 6-3 decision in Mullin v. Doe,  that the Trump administration may move forward with ending Temporary Protected Status (TPS) for nationals of Haiti and Syria. The Court reversed lower court rulings that had prevented the Department of Homeland Security (DHS) from implementing the terminations while litigation was pending. The Court also held that the Immigration and Nationality Act generally bars judicial review of non-constitutional challenges to TPS termination decisions.  

As a result of the ruling, DHS may proceed with terminating TPS for eligible Haitian and Syrian nationals. Once effective, affected individuals could lose their employment authorization and may become subject to removal, unless they qualify for another lawful immigration status.  Individuals and employers impacted by this decision should monitor U.S. Citizenship and Immigration Services for implementation guidance, including effective dates and procedures. Those directly affected are encouraged to consult with a qualified immigration attorney to explore any remaining legal options or alternative pathways to lawful status. Read the latest AHCA/NCAL blog post on this issue here. 

 We await DHS guidance on the SCOTUS decision and will keep members apprised of further developments. In the meanwhile, the American Business Immigration Coalition (ABIC) will be holding a free TPS-related webinar on Thursday, July 9 at 2pm to provide a critical update on the political and legal state of play, including guidance for employers on how protect their teams and their operations. Learn more and register here.