Can TPS Be Revoked? Temporary Protected Status Limits and Immigrant Rights

In Mullin v. Doe (2026), the U.S. Supreme Court lifted injunctions that had previously blocked the federal government from ending Temporary Protected Status (TPS) for Haitian and Syrian nationals. The decision clears the way for the U.S. Department of Homeland Security (DHS) to proceed with TPS terminations.

The decision demonstrates that TPS remains a temporary form of protection that can be ended by executive action. The ruling has major implications for immigrants living under TPS and the families that depend on them. The decision also affects their employers, who rely on their work and must stay abreast of any announcements and guidance regarding the implementation of TPS terminations.

If you have questions about immigration rights for you or a loved one, consult an experienced immigration lawyer. They can explain your rights and help protect your interests.

What Was the Legal Question in Mullin v. Doe?

The question in Mullin v. Doe was whether those challenging the termination of TPS are entitled to have the termination postponed pending litigation.

Congress created TPS in 1990 to provide short-term humanitarian relief for those who cannot safely return to their home countries. Although designated to provide temporary relief, TPS designations have often lasted for decades.

How Did the Supreme Court Rule in Mullin v. Doe?

In a 6-3 decision, the Court ruled that the TPS statute bars judicial review of nonconstitutional claims arising from the designation, extension, or termination of TPS for a foreign state. The Court reversed the interim relief granted by both district courts and remanded the cases for further proceedings.

Justice Alito, writing for the majority, wrote that decisions to designate or terminate a country under the TPS programs are generally not subject to judicial review. Additionally, the Court wrote that this is the case even when plaintiffs seek to challenge procedural compliance rather than the designation or termination itself.

The majority also rejected the plaintiffs’ argument that the DHS Secretary ended TPS status for Haiti because the country’s citizens are mostly Black and thus violated the Constitution’s guarantee of equal treatment.

The Court paused rulings by federal district courts in Washington, D.C., and New York that had barred the Trump administration from ending the TPS designations for Haiti and Syria.

TPS is a powerful protection, but it is not permanent. Mullin highlights the limits of TPS. TPS depends on executive branch decisions, which may be difficult to challenge in court. Even longstanding protections can be withdrawn.

What Is Temporary Protected Status?

Congress enacted the Temporary Protected Status (TPS) program as a humanitarian protection for people already in the United States.

TPS is part of the Immigration Act of 1990. It allows eligible nationals of designated countries to remain in the United States and obtain work authorization for the duration of their TPS designation. TPS status may extend if conditions in the home country make return unsafe.

The DHS Secretary grants TPS due to:

• Ongoing armed conflict
• An environmental disaster
• An epidemic
• Other extraordinary and temporary conditions

For example, Syria received TPS designation in 2012 because of “extraordinary and temporary conditions” related to the repressive regime of Bashar al-Assad against anti-government dissenters. Haiti received a TPS designation in 2010 following a devastating magnitude 7.0 earthquake that killed more than 300,000 people and caused catastrophic damage.

Eligibility for TPS

Eligibility for TPS can be granted to an individual who is a national of a designated country. Eligible individuals must register by submitting an application with the U.S. Citizenship and Immigration Services (USCIS).

The individual must have filed for status during a specified registration period and must have been continuously physically present in the U.S. since a designated date. The individual must not be inadmissible to the United States or barred from asylum for certain criminal or national security-related reasons (including individuals convicted of any felony or of two or more misdemeanors).

What TPS Provides

TPS holders receive a variety of benefits during the designated period. They generally cannot be removed based on immigration status while TPS is in effect, and cannot be detained by DHS solely on that basis. TPS holders are also eligible for an Employment Authorization Document (EAD), which provides work authorization, and for travel authorization.

To gain permanent residence status, a TPS recipient who entered without inspection often cannot adjust status in the United States unless they are later admitted or paroled, or qualify for an exception. They may need to pursue consular processing. For many TPS holders, traveling to attend a visa interview would mean they are barred from re-entry for up to 10 years.

In the past, some TPS recipients could be eligible to adjust status. They could receive an adjustment of status if they were granted advance permission from the USCIS (advance parole), traveled abroad, and were paroled back into the United States.

In 2022, the USCIS discontinued the use of advance parole for TPS recipients. Some TPS recipients may become eligible for status adjustment after being granted authorization to travel through a TPS-specific travel document and would then be subject to inspection and admission upon their return.

What TPS Does Not Provide

It’s important to note that TPS status, by itself, generally does not make someone eligible for most federal means-tested public benefits, and eligibility can vary by program, and by state. TPS does not provide beneficiaries with a path to lawful permanent residence (a green card).

When Do TPS Designations Expire?

Designations can be made for 6, 12, or 18 months at a time. At least 60 days before the expiration of TPS, the Secretary must decide whether to extend or terminate a designation based on an assessment of the conditions in the country. The decision must be published in the Federal Register. If the Secretary does not make a timely determination whether to extend, or terminate, a designation, the designation is automatically extended for six months.

Once a TPS designation ends, the beneficiary returns to the immigration status they held before receiving TPS (unless the status expired or the person obtained a new immigration status, such as lawful permanent resident status). If, for example, the individual was undocumented before receiving TPS, then upon TPS’s expiration, the individual would become subject to removal.

What Are Programs Similar To TPS?

• Deferred Enforced Departure (DED). DED is similar to TPS, but instead of being based on statutory authority, it derives from the president’s foreign policy authority. As such, these decisions are discretionary. Like TPS holders, DED beneficiaries can receive work authorization and protection from removal, and they may be able to request travel authorization, such as advance parole, depending on the terms of the DED directive..
• Extended Voluntary Departure (EVD). This program was the predecessor of the TPS before the Immigration Act of 1990. Congress eliminated EVD by creating TPS.
• Deferred Action for Childhood Arrivals (DACA). This program is based on arrival in the United States as a child and was created by executive policy. Unlike TPS, it is not tied to conditions in a person’s home country. DACA provides temporary protection from removal proceedings and work authorization. Like TPS, DACA status does not provide a direct path to a green card for citizenship on its own.

How Many People Are Granted TPS?

According to the latest published data, the United States provided TPS protections for almost 1.3 million individuals who originate from countries including:

• Burma
• El Salvador
• Ethiopia
• Haiti
• Sudan
• Syria
• Yemen
• Somalia
• South Sudan
• Lebanon
• Ukraine

Other countries, such as Cameroon, Nepal, Nicaragua, and Honduras, have had TPS designations that are now terminated.

The U.S. Department of Justice provides a listing of the most recent TPS notices by country. The DHS Secretary can extend TPS after reviewing conditions in a country.

The Trump administration has terminated or announced its intent to terminate TPS for over 1 million TPS holders, including over 50,000 Hondurans, over 330,000 Haitians, and over 600,000 Venezuelans.

Why Did the Trump Administration Want To End TPS?

As part of its immigration policy, the Trump administration has taken steps to remove protections for citizens of Haiti and Syria granted under TPS, explaining that TPS designations are meant to be temporary. The administration stated that the government is returning TPS to its original intent.

What Do Immigrant Rights Advocates Say?

Advocates argue that TPS holders remain at serious risk if sent back to their countries of origin, and that the government ignores ongoing instability and unsafe conditions. Many TPS holders have lived in the U.S. for years, hold jobs, and have built lives there.

What Does Ending TPS Mean for People in the US Under TPS?

The ruling has major implications for immigration law. It directly affects about 356,000 Haitians and Syrians currently living in the United States. The Mullin decision does not immediately terminate TPS status for Haiti and Syria. The Supreme Court remanded the case back to the district courts to issue an implementing order. That process can take longer than a month.

Once this decision takes effect in the coming days or weeks, hundreds of thousands of people lawfully present in the country will lose their status. The case means that many will become undocumented.

The decision has an immediate impact on ongoing court cases challenging the terminations of TPS for every country that has come up for renewal since January 2025. The decision will allow the Trump administration to return to federal court in other cases and overturn decisions against the termination of TPS for countries such as Venezuela, Somalia, and Ethiopia.

Congress would have to act to create a broad, permanent immigration status for TPS holders as a group. Hundreds of thousands of TPS beneficiaries are now at risk of losing work authorization and facing deportation. These beneficiaries include Haitians, Venezuelans, Ukrainians, and Salvadorans.

Find an Immigration Lawyer Who Can Help

The Supreme Court’s ruling in Mullin v. Doe tells us that TPS is not permanent and the executive branch has a great deal of power over TPS decisions. Congressional action may be required for more permanent protection for TPS beneficiaries.

Navigating these laws can be overwhelming, as immigration is perhaps one of the most complicated areas of law. For specialized legal advice for you or a loved one, reach out to an immigration lawyer.