Haiti's Temporary Protected Status remains tied up in federal court even after the Supreme Court blocked most legal challenges to its termination. The District Court for the District of Columbia declined to stop discovery or pause litigation when it lifted its own emergency injunction on August 5, 2026, weeks after Haiti's TPS designation ended on July 27, 2026, affecting about 350,000 people. Meanwhile, El Salvador's Temporary Protected Status—which had protected Salvadorans in the U.S.
since 2001—expired on September 9, 2026, ending status for over 152,000 Salvadorans actively working in the country. Temporary Protected Status, or TPS, is a temporary immigration status that the U.S. can grant to nationals from countries experiencing natural disasters, armed conflict, or other upheaval.
Table of Contents
- The Supreme Court's Decision and What It Means for Haiti's Case
- What Changed After July 27, 2026 for Haiti's Former TPS Holders
- El Salvador's TPS Ended After 25 Years
- Work Authorization and Employment Status After Both Terminations
- Remaining Legal Options
- Frequently Asked Questions
The Supreme Court's Decision and What It Means for Haiti's Case
On June 25, 2026, the Supreme Court ruled 6–3 in *Mullin v. Doe* that the TPS statute bars judicial review of non-constitutional claims challenging TPS terminations. This ruling eliminated most of the legal arguments plaintiffs had been making to block Haiti's termination.
The decision removed claims based on statutory interpretation, administrative procedure violations, and other non-constitutional grounds. However, the District Court for the District of Columbia has not closed the case. When it lifted its February 2026 injunction blocking the termination on August 5, 2026, it kept discovery ongoing and asked both sides to propose how litigation should proceed. This means Haiti's legal challenge continues, but now only on narrow constitutional grounds—primarily equal protection claims—which face an uphill battle after the Supreme Court's decision.
What Changed After July 27, 2026 for Haiti's Former TPS Holders
Employment Authorization Documents issued to Haiti TPS beneficiaries are no longer valid as of July 27, 2026, according to USCIS. This means an estimated 350,000 Haitian TPS holders lost their legal work permit on that date, even though court litigation continues. Those who wish to remain in the U.S. legally now face limited options: applying for another immigration status (such as asylum, if eligible), seeking sponsorship for family-based green card petitions, or departing. The ongoing litigation does not automatically extend work authorization or TPS status while cases proceed.
El Salvador's TPS Ended After 25 Years
El Salvador's TPS designation ended September 9, 2026, concluding a 25-year protection period that began in 2001. USCIS reported that over 152,000 Salvadoran tps holders were actively participating in the U.S. labor force before the termination took effect. Unlike Haiti's case, there has been no major court battle blocking El Salvador's termination. This reflects both the legal precedent set by the Mullin decision and the fact that El Salvador's TPS ended under normal statutory procedures rather than as a sudden administrative action.
Work Authorization and Employment Status After Both Terminations
For El Salvador TPS holders, USCIS automatically extended Employment Authorization Documents through September 9, 2026 for those who had not yet received renewal cards. This brief extension allowed people to work during the final transition period, though those EADs expired when the termination took effect. Salvadoran TPS holders had contributed over $5 billion annually to the U.S. economy, according to industry analysis. The economic impact of losing that workforce is significant, particularly in sectors like agriculture, construction, and home care.
Remaining Legal Options
For Haiti, the narrow constitutional claims still in litigation focus on whether the termination violated equal protection principles, though the Supreme Court's June ruling makes success difficult. The District Court has not set a timeline for resolving these remaining issues, and discovery continues at an uncertain pace. For El Salvador, TPS holders who did not depart or secure another legal status by September 9, 2026, now lack work authorization.
Some may qualify for asylum or other protections if they meet specific criteria. Others may explore family-based immigration options if they have relatives who are U.S. citizens or permanent residents, though these processes typically take years. ABOUT THIS PAGE: RouteToAmerica explains immigration news from official sources like USCIS, federal courts, and government agencies. We are not an immigration attorney, law firm, or government agency. For legal advice about your individual situation, consult an immigration lawyer or accredited representative.
Frequently Asked Questions
Can I still work if my Haiti or El Salvador TPS expired?
No. Once TPS terminates, your Employment Authorization Document is no longer valid. You need another form of legal status to work lawfully in the U.S., such as asylum, a visa, or a green card.
What does the Supreme Court's ruling mean for Haiti's court case?
The Supreme Court blocked most legal arguments against TPS terminations. Haiti's case now depends on narrow constitutional claims, primarily equal protection challenges, which are difficult to win.
Is there a deadline to leave the U.S. if I lost TPS?
TPS termination does not automatically require immediate departure, but you lose legal status and work authorization. Staying without valid status can create serious immigration consequences. Consult an immigration attorney about your options.