U.S. Supreme Court Orders Reconsideration of TPS Case for Venezuelan and Haitian Nationals

• The U.S. Supreme Court has vacated a Ninth Circuit decision that found DHS unlawfully ended Temporary Protected Status (TPS) protections for certain Venezuelan and Haitian nationals, sending the case back for reconsideration in light of a recent Supreme Court ruling that expanded executive authority over TPS decisions.  

US Supreme Court Remands TPS Litigation 

The U.S. Supreme Court has granted review, vacated the judgment, and remanded a key TPS case involving Venezuelan and Haitian nationals to the U.S. Court of Appeals for the Ninth Circuit. The Court directed the Ninth Circuit to reconsider its prior ruling in light of the Supreme Court’s recent decision in Mullin v. Doe (2026).  

The case, Mullin, Secretary of DHS, et al. v. National TPS Alliance, et al., challenges actions by the Department of Homeland Security (DHS) to terminate TPS protections for certain Venezuelan and Haitian beneficiaries.  

Background on TPS for Venezuelan and Haitian Nationals 

Earlier in 2026, a Ninth Circuit panel found that DHS had unlawfully terminated TPS protections for affected Venezuelan and Haitian populations. The decision temporarily limited the government’s ability to end those protections. According to the Supreme Court’s Oct. 5, 2026, order, that ruling has now been vacated and returned to the Ninth Circuit for further review.  

What the Supreme Court’s Decision Means 

The Supreme Court did not decide whether the TPS terminations were lawful. Instead, it instructed the Ninth Circuit to reevaluate the case based on the Court’s recent precedent concerning federal authority over TPS designations and terminations.  

Key takeaways include: 

• The Ninth Circuit’s prior ruling has been vacated.  
• The case will return to the Ninth Circuit for reconsideration.  
• The Supreme Court’s recent TPS-related precedent will play a significant role in the next stage of the litigation.  
• Further legal developments could affect TPS protections and related work authorization for impacted Venezuelan and Haitian nationals.  

Employer Considerations 

Employers with workers relying on TPS-based employment authorization should continue monitoring developments in the litigation and related government guidance. Future court decisions could affect the status and work authorization eligibility of impacted TPS holders.  

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