What changed
The Supreme Court declined to extend TPS status on June 25, with the court holding in a 6-3 decision that the Trump administration’s arguments for TPS termination are unlikely to be overturned on grounds of racial discrimination. USCIS had previously provided July 1, 2026 as a “placeholder” expiration date for employment authorization for TPS Haiti and Syria, but on July 1 announced that the “placeholder” expiration date for employment authorization is now July 10, 2026.
Forms I-766 (Employment Authorization Documents) with category A12 or C19 remain valid and are extended as limited relief until the lower courts align with the Supreme Court’s favorable decision in Mullin v. Doe, issued on June 25, 2026, with EAD expiration dates that are extended pending the resolution of the litigation available on the TPS Haiti webpage.
In Ohio, driver’s licenses held by those on Haitian TPS status had a July 1 expiration date. The work permit expiration will cascade into loss of driving privileges and loss of employment authorization unless clients hold alternative documentation.
Why it matters
The July 10 expiration leaves only a short period of time for TPS holders to get their affairs in order, while employers face the prospect of losing workers suddenly by the end of next week. This compressed timeline creates urgent compliance pressure on both employers and practitioners.
Employees may have alternative forms of work authorization that remain valid, and before determining that an employee is no longer eligible to work, employers will need to communicate with the employee to determine whether they have another valid List A or List C document that permits them to continue to work.
For practitioners, the ruling eliminates the judicial stay that had paused TPS termination. The Court held that federal courts generally cannot review challenges to a TPS termination based on the immigration statute and reversed the orders that had paused the terminations; a narrow path remains for claims based on the U.S. Constitution, but the Court signaled that the constitutional claim would likely fail. This means clients who delayed exploring alternative relief have narrowed legal options.
Being granted and maintaining TPS status until a reasonable period before the filing of an asylum application is considered an extraordinary circumstance for the purposes of the one-year filing deadline; in other words, having TPS status “stops the clock” on the requirement to file for asylum within one year of arriving in the United States, if the one-year clock has not already expired. Once work authorization expires, the strategic advantage of that “clock stoppage” disappears if no other application is pending.
Way forward
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Review client files now. Identify all Haitian and Syrian TPS holders on your docket. Confirm expiration dates on their current EADs and cross-check against USCIS TPS Haiti page for any state-specific variance.
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Explore alternative remedies while TPS is still valid. Counsel clients on eligibility for asylum (especially if the one-year clock has been tolled by TPS), family-based sponsorship, U visas, T visas, VAWA relief, or cancellation of removal. File applications before July 10 if a viable path exists.
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Advise on I-9 compliance for employers. Employers must treat July 10 as the final valid date for List A or C documentation. After that date, employees must either produce valid alternative documentation or be placed on unpaid leave pending resolution of underlying litigation.
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Document transitional status. For clients with pending asylum or other applications filed before July 10, ensure the record clearly reflects that the application was filed while TPS was in effect, preserving the extraordinary circumstance claim for the one-year filing deadline.
Disclaimer
This is plain-language guidance, not legal advice. Articles.folaform.com is a software company, not a law firm. Immigration policy can change without notice. Consult a licensed immigration attorney in your jurisdiction and verify all information against the primary source materials linked above before advising clients or making filing decisions. For current USCIS guidance on TPS Haiti, see https://www.uscis.gov/save/current-user-agencies/news-alerts/update-on-termination-of-temporary-protected-status-for-haiti-release-july-01-2026.