A recent U.S. Supreme Court decision is poised to significantly reshape the employment landscape for hundreds of thousands of workers nationwide. In Mullin v. Doe, the Court held that the Trump administration may proceed with terminating Temporary Protected Status (TPS) for certain countries—removing a key legal protection that has allowed many foreign nationals to live and work in the United States.
For employers, particularly those in industries reliant on TPS-authorized workers, the ruling signals the need for immediate planning and careful compliance.
TPS is a humanitarian program administered by the Department of Homeland Security (DHS). It allows nationals of designated countries to remain in the United States temporarily when conditions in their home country—such as armed conflict, natural disasters, or other extraordinary circumstances—make safe return impossible.
Individuals granted TPS are protected from removal and may obtain Employment Authorization Documents (EADs), allowing them to work legally in the U.S. for the duration of the designation.
The Court’s ruling directly impacts more than 300,000 workers from Haiti and Syria, whose TPS protections may now be terminated. Importantly, the decision is also expected to affect TPS designations for at least 11 additional countries:
According to the immigration advocacy group FWD.us, approximately 250,000 additional workers from these countries are currently participating in the U.S. labor force under TPS protections.
With the Court clearing the way for DHS to proceed, many of these individuals may lose their authorization to work—and potentially face removal proceedings.
Key risks for employers include:
Loss of Work Authorization: Employees whose TPS status expires will no longer be eligible to work legally, triggering immediate I-9 compliance obligations.
Operational Disruption: Sudden workforce gaps may affect productivity, particularly in industries such as healthcare, construction, hospitality, and manufacturing.
Compliance Liability: Employers must avoid both knowingly employing unauthorized workers and prematurely taking adverse action against employees who may still have valid authorization during transition periods.
To mitigate both compliance and operational risk, employers should take proactive measures now:
Identify employees who rely on TPS-based employment authorization. This review should be handled carefully to avoid discrimination concerns, focusing on work authorization documentation rather than nationality.
Review Forms I-9 and EAD expiration dates to ensure accurate tracking of work authorization timelines. Prepare for reverification requirements where applicable.
Where feasible, consider whether affected employees may be eligible for:
Given the complexity, consultation with immigration counsel is strongly recommended.
Plan for potential attrition by:
Avoid making assumptions or taking premature action. Communication should:
Implementation will depend on DHS action and potential policy developments. Employers should anticipate phased changes, possible litigation follow-up, and evolving agency guidance.
This decision marks a pivotal shift in TPS policy with immediate and long-term implications for employers. Organizations that act now—by assessing exposure, ensuring compliance, and planning for workforce continuity—will be best positioned to navigate the uncertainty ahead.
Related mozzo™ resources:
Archbright will continue to monitor developments and provide updates as additional federal guidance becomes available. Because Archbright does not provide legal advice on immigration matters, employers with questions about workforce eligibility or compliance should consult qualified immigration counsel. If helpful, Archbright can provide referrals to experienced immigration attorneys who can assist with assessing employee work authorization options and navigating next steps.