TPS termination litigation

TPS termination litigation

What’s happening

On June 25, 2026, the Supreme Court ruled 6-3 (Alito) that the immigration statute bars courts from reviewing the Secretary’s TPS termination decisions. On July 27, 2026 USCIS acted on it: it archived the Haiti, Syria and Yemen TPS country pages, which now state those designations are terminated — Haiti and Syria effective July 27, 2026, Yemen effective July 20, 2026 — with the court-order work-permit extension language removed. That extension had covered roughly 334,595 Haitian and Syrian holders. On Aug. 7, 2026 USCIS also archived the Burma (Myanmar) and South Sudan pages — E-Verify guidance issued the same day states both are terminated, effective Aug. 7, 2026, with A12/C19 EADs no longer valid. On Aug. 14, 2026 the District of Massachusetts lifted Somalia’s stay and E-Verify guidance issued the same day states the Somalia designation is terminated, effective Aug. 14, 2026 — A12/C19 EADs no longer valid, employers must reverify (the plaintiffs appealed; the USCIS Somalia page had not yet been archived as of Aug. 15). On Aug. 18, 2026 the District of Massachusetts lifted Ethiopia’s administrative stay too — E-Verify guidance issued the same day states the Ethiopia designation is terminated, effective Aug. 18, 2026, with A12/C19 EADs no longer valid and employers required to reverify. No TPS designation is court-stayed as of Aug. 19, 2026. Venezuela-2023 work permits are valid to October 2, 2026; Ninth Circuit appeals on Venezuela and Honduras/Nicaragua/Nepal continue.

Who it affects

Holders of Temporary Protected Status from countries whose 2025 termination notices were challenged in court — chiefly Venezuela, Haiti, Syria, Honduras, Nicaragua and Nepal — and their U.S. employers and U.S.-citizen children. After the June 25, 2026 ruling these terminations are in effect.

Estimated scale: 334,595 — Haiti (~330,735) + Syria (~3,860) TPS holders directly affected by the June 25 ruling; Venezuela (~605,000) and Honduras/Nicaragua/Nepal (~61,295) terminated in separate cases.

How it got here

1. May 19, 2025 Supreme Court stays a district-court order, letting DHS's termination of Venezuela's 2023 TPS take effect.
2. Dec 31, 2025 N.D. California vacates DHS's terminations of TPS for Honduras, Nicaragua and Nepal as unlawful.
3. Feb 9, 2026 Ninth Circuit stays that order, reinstating the Honduras/Nicaragua/Nepal terminations pending appeal.
4. Mar 16, 2026 Supreme Court grants merits review of the Haiti and Syria TPS terminations.
5. Jun 25, 2026 Supreme Court rules 6-3 (Alito) that the statute bars judicial review of TPS termination decisions, clearing the way to end TPS for Haiti and Syria.
6. Jul 1, 2026 USCIS and E-Verify issue updated guidance for all seven countries in litigation: EADs remain extended per court order as 'limited relief'; employers enter July 10, 2026 as the Form I-9 expiration date.
7. Jul 10, 2026 USCIS and E-Verify issue superseding guidance: EADs remain extended per court order, but the Form I-9/E-Verify date moves from July 10 to July 17, 2026 for Burma, Ethiopia, Somalia, South Sudan, Syria and Yemen — and to July 24, 2026 for Haiti.
8. Jul 17, 2026 USCIS and E-Verify post superseding guidance for the six non-Haiti countries: EADs remain extended per court order, and the Form I-9/E-Verify date moves from July 17 to July 24, 2026 (Somalia, Syria, Yemen), July 27, 2026 (Burma), and July 30, 2026 (Ethiopia, South Sudan). Haiti's July 10 guidance and July 24, 2026 I-9 date are unchanged.
9. Jul 24, 2026 USCIS and E-Verify post superseding guidance for Haiti, Syria and Somalia: EADs remain extended per court order, and the Form I-9/E-Verify date moves to July 27, 2026 for Haiti and Syria and July 29, 2026 for Somalia. Burma (July 27), Ethiopia and South Sudan (July 30) and Yemen (July 24) keep their July 17 guidance dates.
10. Jul 27, 2026 USCIS archives the Haiti, Syria and Yemen TPS country pages. The archived pages state each designation is terminated — Haiti and Syria effective July 27, 2026, Yemen effective July 20, 2026 — and no longer carry the court-order EAD extension language. As of that date their last E-Verify guidance (July 24 for Haiti and Syria, July 17 for Yemen) had not been superseded; E-Verify posted superseding guidance for all three on July 29, 2026. The same day, E-Verify posts superseding Burma guidance moving its Form I-9 date from July 27 to Aug. 3, 2026. Four designations remain court-stayed: Burma, Somalia (July 29), Ethiopia and South Sudan (July 30).
11. Jul 30, 2026 E-Verify posts superseding guidance for Ethiopia and South Sudan: EADs issued under both designations remain extended per court order and the Form I-9 date moves from July 30 to Aug. 6, 2026. At that point all four court-stayed designations carried an Aug. 3, 2026 (Burma, Somalia) or Aug. 6, 2026 (Ethiopia, South Sudan) I-9 date.
12. Aug 3, 2026 E-Verify posts superseding guidance for Burma (replacing July 27) and Somalia (replacing July 29) on the same day. Both designations remain extended per court order, but their Form I-9 dates split: Somalia moves from Aug. 3 to Aug. 5, 2026 and Burma from Aug. 3 to Aug. 7, 2026. With Ethiopia and South Sudan at Aug. 6, each of the four court-stayed designations now carries a different date. Neither USCIS country page has been archived.
13. Aug 5, 2026 E-Verify posts superseding Somalia guidance (replacing Aug. 3): the EADs remain extended per court order under African Communities Together v. Noem (No. 26-cv-11201, D. Mass.) and the Form I-9 date moves from Aug. 5 to Aug. 10, 2026. The five-day step puts Somalia last of the four court-stayed designations rather than first — Ethiopia and South Sudan (Aug. 6) and Burma (Aug. 7) now come due before it. The USCIS Somalia country page has not been archived.
14. Aug 6, 2026 E-Verify posts superseding guidance for Ethiopia and South Sudan (each replacing July 30) on the day their shared Aug. 6 date came due. Both remain extended per court order under African Communities Together v. Noem (Ethiopia: No. 26-cv-10278-BEM, D. Mass.; South Sudan: No. 25-cv-13939-PBS, D. Mass.). South Sudan's Form I-9 date moves from Aug. 6 to Aug. 10, 2026, the same day as Somalia; Ethiopia's moves from Aug. 6 to Aug. 19, 2026, a 13-day step that makes it the last of the four to come due. Burma's Aug. 7, 2026 date is now the nearest. Neither USCIS country page has been archived.
15. Aug 7, 2026 On the day Burma's Aug. 7 Form I-9 date came due, USCIS archives the Burma (Myanmar) and South Sudan TPS country pages, and E-Verify guidance issued the same day states both designations are terminated, effective Aug. 7, 2026 (Burma: 90 FR 53378; South Sudan: 90 FR 50484) — A12/C19 EADs are no longer valid and employers must reverify. South Sudan (African Communities Together v. Noem, No. 25-cv-13939-PBS, D. Mass.) is cut three days short of the Aug. 10 date its Aug. 6 guidance had promised; Burma's stay in Aung Doe v. Noem (N.D. Ill.) no longer keeps the termination from taking effect. Somalia (Aug. 10) and Ethiopia (Aug. 19) remain the only court-stayed designations.
16. Aug 10, 2026 On the day Somalia's Aug. 10 Form I-9 date came due, E-Verify posts superseding Somalia guidance (replacing Aug. 5): the EADs remain extended per court order under African Communities Together v. Noem (No. 26-cv-11201, D. Mass.) and the Form I-9 date moves from Aug. 10 to Aug. 12, 2026. The two-day step makes Somalia the earlier of the two designations still stayed, ahead of Ethiopia (Aug. 19). The USCIS Somalia TPS page remains live, not archived (checked Aug. 11, 2026). The release title alone does not signal the outcome — Burma's Aug. 7 termination was also posted as “Update on Termination”; only the text distinguishes an extension from a cut.
17. Aug 12, 2026 On the day Somalia's Aug. 12 Form I-9 date came due, E-Verify posts superseding Somalia guidance for the second time in three days (replacing Aug. 10): the EADs remain extended per court order under African Communities Together v. Noem (No. 26-cv-11201, D. Mass.) and the Form I-9 date moves from Aug. 12 to Aug. 14, 2026 — a second consecutive two-day step, again posted on the very day the prior date came due. Somalia remains the earlier of the two designations still stayed, ahead of Ethiopia (Aug. 19). The USCIS Somalia TPS page remains live, not archived (checked Aug. 14, 2026).
18. Aug 14, 2026 On the day Somalia's Aug. 14 Form I-9 date comes due, the District of Massachusetts (Judge Allison D. Burroughs) grants the government's motion and lifts the administrative stay in African Communities Together v. Noem (No. 26-cv-11201); the plaintiffs file a notice of appeal the same day. E-Verify posts Somalia guidance the same day (superseding Aug. 12): the designation is terminated, effective Aug. 14, 2026 — A12/C19 EADs no longer valid, employers must reverify. In Ethiopia's case (No. 26-cv-10278, Judge Brian E. Murphy) the court denies the government's motion to lift the abeyance the same day, so Ethiopia's stay — and its Aug. 19, 2026 Form I-9 date — survives. The USCIS Somalia page is not yet archived (checked Aug. 15, 2026).
19. Aug 18, 2026 Judge Brian E. Murphy lifts the administrative stay in Ethiopia's case (African Communities Together v. Noem, No. 1:26-cv-10278, ECF 103), granting the motion to dismiss as to Counts I-IV and VI-VIII, denying it as to Count V, denying the postponement motion as moot, and ordering a joint proposed discovery and briefing schedule by Aug. 25, 2026. USCIS archives the Ethiopia TPS country page and E-Verify guidance issued the same day (superseding Aug. 6) states the designation is terminated, effective Aug. 18, 2026 — A12/C19 EADs no longer valid, employers must reverify. Ethiopia's promised Form I-9 date was Aug. 19, so it was cut one day short. No TPS designation is court-stayed after this order.
20. Aug 25, 2026 The Aug. 25, 2026 deadline for a joint discovery and briefing schedule in Ethiopia's case passes with no schedule filed. The government files an assented-to motion (ECF 105) to extend it to Monday, Aug. 31, 2026, stating that the parties have met and conferred several times without reaching agreement and that the Assistant U.S. Attorney assigned to the case left the U.S. Attorney's Office on Aug. 21, 2026 — leaving, with another departing AUSA, some 146 cases to be managed. The court enters an order on that motion on Aug. 26, 2026; its text is not yet available on the public docket, and the same judge denied a separate extension motion in this case on Aug. 5, 2026, so the Aug. 31 date is the one requested rather than a confirmed deadline. Nothing in this filing restores work authorization — Ethiopia's termination remains in effect.

What to watch next

Update — July 29, 2026 (E-Verify catches up to the archive): On July 27, 2026 USCIS moved the Haiti, Syria and Yemen TPS country pages into its archive; the archived pages state each designation is terminated — Haiti and Syria effective July 27, 2026, Yemen effective July 20, 2026. On July 29, 2026 E-Verify posted superseding guidance for all three: Form I-766 EADs with category A12 or C19 issued under those designations are no longer valid, and employers must reverify those employees. Yemen’s guidance now gives the same July 20, 2026 date as the archived page, resolving the earlier conflict with its July 17 guidance (which had set July 24). The same day E-Verify also moved Somalia’s Form I-9 date from July 29 to Aug. 3, 2026, matching Burma. Four designations remain court-stayed: Burma and Somalia (Aug. 3), Ethiopia and South Sudan (July 30). (Checked against the USCIS TPS page and the E-Verify What’s New feed, July 29, 2026.)

Update — Aug. 3, 2026 (Burma and Somalia split apart): E-Verify posted superseding guidance for Burma (replacing July 27) and Somalia (replacing July 29) on the same day. Both stay extended per court order under their own stays — Aung Doe v. Noem (No. 25-cv-15483, N.D. Ill.) for Burma and African Communities Together v. Noem (No. 26-cv-11201, D. Mass.) for Somalia — but their Form I-9 dates no longer match: Somalia moves from Aug. 3 to Aug. 5, 2026 and Burma from Aug. 3 to Aug. 7, 2026. With Ethiopia and South Sudan still at Aug. 6, each of the four court-stayed designations now carries a different date. Neither USCIS country page has been archived. (Checked against the USCIS TPS page and the E-Verify What’s New feed, Aug. 4, 2026.)

Update — Aug. 5, 2026 (Somalia moves to Aug. 10 and goes last): E-Verify posted superseding Somalia guidance (replacing Aug. 3). The EADs stay extended per court order under African Communities Together v. Noem (No. 26-cv-11201, D. Mass.) and the Form I-9 date moves from Aug. 5 to Aug. 10, 2026 — a five-day step that puts Somalia last of the four court-stayed designations instead of first. The USCIS Somalia country page has still not been archived. (Checked against the USCIS TPS page and the E-Verify What’s New feed, Aug. 5, 2026.)

Update — Aug. 10, 2026 (Somalia moves to Aug. 12 and is first again): on the day Somalia’s Aug. 10 date came due, E-Verify posted superseding Somalia guidance (replacing Aug. 5). The EADs stay extended per court order under African Communities Together v. Noem (No. 26-cv-11201, D. Mass.) and the Form I-9 date moves from Aug. 10 to Aug. 12, 2026 — a two-day step. Because Burma (Myanmar) and South Sudan were terminated on Aug. 7, only two stayed designations remain, and Somalia is again the earlier of them (Ethiopia, Aug. 19). The USCIS Somalia TPS page is still live, not archived. Note that the release title is not the signal: Burma’s Aug. 7 termination was also posted as “Update on Termination” — only the text tells you whether a designation was extended or cut. (Checked against the E-Verify What’s New feed and the USCIS TPS page, Aug. 11, 2026.)

Update — Aug. 12, 2026 (Somalia moves to Aug. 14): on the day Somalia’s Aug. 12 date came due, E-Verify posted superseding Somalia guidance for the second time in three days (replacing Aug. 10). The EADs stay extended per court order under African Communities Together v. Noem (No. 26-cv-11201, D. Mass.) and the Form I-9 date moves from Aug. 12 to Aug. 14, 2026 — a second consecutive two-day step, again posted on the very day the prior date came due. Somalia remains the earlier of the two stayed designations (Ethiopia, Aug. 19). The USCIS Somalia TPS page is still live, not archived. (Checked against the E-Verify What’s New feed and the USCIS TPS page, Aug. 14, 2026.)

Update — Aug. 14, 2026 (Somalia terminated — the stay is lifted): on the day Somalia’s Aug. 14 Form I-9 date came due, the District of Massachusetts (Judge Allison D. Burroughs) granted the government’s motion and lifted the administrative stay in African Communities Together v. Noem (No. 26-cv-11201); the plaintiffs filed a notice of appeal the same day. E-Verify guidance issued Aug. 14 (superseding Aug. 12) states the Somalia designation is terminated, effective Aug. 14, 2026 — A12/C19 EADs are no longer valid and employers must reverify. In Ethiopia’s case (No. 26-cv-10278, Judge Brian E. Murphy) the court denied the government’s motion to lift the abeyance the same day, so Ethiopia’s stay — and its Aug. 19, 2026 Form I-9 date — survives. The USCIS Somalia page had not yet been archived. (Checked against the E-Verify What’s New feed, the USCIS TPS page and the court dockets via RECAP, Aug. 15, 2026.)

Update — Aug. 18, 2026 (Ethiopia terminated — the last stay is lifted): Judge Brian E. Murphy of the District of Massachusetts lifted the administrative stay in African Communities Together v. Noem (No. 1:26-cv-10278-BEM, ECF 103) — granting the government’s motion to dismiss as to Counts I-IV and VI-VIII, denying it as to Count V, denying the plaintiffs’ motion to postpone the termination as moot, and ordering a joint proposed discovery and briefing schedule by Aug. 25, 2026. USCIS moved the Ethiopia TPS page to the archive the same day, and E-Verify guidance issued Aug. 18, 2026 (superseding Aug. 6) states the designation is terminated, effective Aug. 18, 2026 — Form I-766 EADs with category A12 or C19 are no longer valid, and employers must reverify. Ethiopia’s promised Form I-9 date was Aug. 19 — it was cut one day short, the third time in this sequence a promised date became the cut (South Sudan lost three days, Somalia’s date became its termination date). No TPS designation is court-stayed any more, so there is no pending Form I-9 date left to watch. (Checked against the E-Verify What’s New feed, the USCIS TPS page and the court docket via RECAP, Aug. 19, 2026.)

There is no dated Form I-9 milestone left. Every court-stayed TPS termination has now taken effect: Haiti, Syria and Yemen (July 2026), Burma (Myanmar) and South Sudan (Aug. 7, 2026), Somalia (Aug. 14, 2026) and Ethiopia (Aug. 18, 2026). Three of those landed early: South Sudan lost three days, Somalia’s promised date became its termination date, and Ethiopia was cut one day short of Aug. 19 — these dates were ceilings, not schedules. What is left to watch is the litigation, not the calendar: the plaintiffs’ appeal of the Somalia order, and Ethiopia’s Count V, which survived dismissal. Its Aug. 25, 2026 deadline for a joint discovery and briefing schedule came and went with no schedule on the public docket — instead the government moved that day, with the plaintiffs’ assent (ECF 105), to push it to Monday, Aug. 31, 2026, citing no agreement between the parties and the Aug. 21 departure of the Assistant U.S. Attorney on the case (some 146 cases left behind by two departing AUSAs). The court ruled on that motion on Aug. 26, 2026, but the order text is not yet public on the docket, and this judge denied a different extension motion in this case on Aug. 5 — so Aug. 31 is the date requested, not a confirmed one.

Official sources

• supremecourt.gov
• uscis.gov
• forumtogether.org

Related on MigrantUSA

• All immigration cases
• TPS status by country

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.