Labor & Employment Developments Blog

On Thursday, June 25, 2026 the Supreme Court ruled in Mullin v. Doe that the Trump administration’s termination of Temporary Protected Status (TPS) for Haiti was lawful, meaning immigration status and work authorization approved based on TPS Haiti will expire July 1, 2026. Employers should carefully review affected I-9 documentation and reverify any I-9 set to expire.

Background

The Department of Homeland Security (DHS) is authorized by Congress to designate nationals of certain countries for Temporary Protected Status, or TPS, for temporary periods which may later be renewed. Designations are often granted to countries affected by war or armed conflicts, environmental disasters, epidemics, and other extraordinary and temporary conditions.

Nationals of a TPS-designated country are eligible to file an application for TPS and related work authorization, as long as they meet certain eligibility requirements. If approved, TPS may grant an individual the right to both reside and work in the US legally.

Haiti was first designated for TPS by DHS in January 2010 following an environmental disaster that killed 200,000 people, with Redesignations and Renewals continuously made based upon sustained poor economic conditions and political and gang violence.

DHS Termination and Litigation

While the Biden administration had previously extended TPS Haiti through February 2026, immediately upon her confirmation in February 2025, Former DHS Secretary Noem vacated that extension, with a termination of TPS Haiti that was to take effect in August 2025.

Former Secretary Noem’s termination was then litigated and appealed in federal court for nearly a year. Two of those cases were consolidated into Mullin v. Doe, which was argued at the Supreme Court on April 29, 2026 and decided on June 25, 2026.

I-9 Review

An Employment Authorization Document (EAD) issued pursuant to a TPS application will bear category code A12 or C19. If such an EAD contains a photograph and remains valid, it qualifies as a List A document for I-9 purposes.

Nationals of Haiti may be legally in the US and authorized to work based on immigration pathways other than TPS. The Supreme Court’s ruling in Mullin will not affect employees whose status and work authorization are not related to TPS Haiti.

As TPS Haiti has been renewed and litigated extensively since 2010, I-9 documentation for employees who were authorized to work pursuant to TPS Haiti are likely complex and may require review by an experienced immigration attorney.

Key Takeaways for Employers

Based on the Supreme Court’s June 25, 2026 ruling in Mullin v. Doe, employers should carefully review I-9 documentation for any employee whose I-9 shows an expiration date of July 1, 2026.

For I-9s set to expire on July 1, employers should contact employees to request valid I-9 documents for reverification in order for employees to continue working as of July 2.

Best practice for employers who must reverify is to remind employees before the expiration date that they will need to present a List A or List C document to show continued employment authorization for reverification purposes. The employee must present these documents on or before the date their current employment authorization expires in order to continue working past their original I-9 expiration date.

The KMK Law Labor & Employment team is closely monitoring developments related to TPS Haiti and is available to assist employers with any I-9 compliance and immigration issues.