HCP News Alert 6.26.2026
SUPREME COURT DECISION IMPACTING THE WORKFORCE
On June 25, 2026, the Supreme Court of the United States issued a decision in Mullin v Doe severely limiting the judiciary’s ability to review decisions made by the Secretary of Homeland Security to designate, extend, or terminate the Temporary Protected Status (TPS) of a country. This ruling supports the Department of Homeland Security’s (DHS) decision to end TPS status for Syria and Haiti.
TPS, enacted as part of the Immigration Act of 1990, allows vetted and eligible migrants to legally live and work in the US if they cannot return safely to their home country. DHS designates which countries qualify. Syria was first granted TPS in March 2012 due to ongoing civil war, and Haiti was first granted TPS designation in January 2010 following the impact of an earthquake, with both countries receiving extensions/redesignation since.
In 2025, DHS Secretary Kristi Noem announced an end to TPS designations for Syria (November 21, 2025) and Haiti (February 3, 2026). The decision to terminate TPS was challenged on the grounds that the decision was made with discriminatory intent, and that DHS had not followed the requirements set by Congress for terminating TPS. The district and circuit courts halted the TPS termination citing irreparable harm to thousands of people in the US under TPS. Today’s decision overturns lower court judgments and allows DHS to end TPS for both countries.
While unsurprising, as the Supreme Court has previously sided with DHS in Noem v National TPS Alliance allowing TPS designation to end for Venezuela, today’s decision will have major impacts on New York’s health care workforce. About 40,000 Haitian TPS holders work in New York State, with 5,000 working as caregivers and 2,000 working as nursing assistants.
HCP will continue to monitor DHS updates and keep you informed as more information becomes available. Monday, June 29, 2026 will be the next Supreme Court decision day where we expect to see a decision on birthright citizenship (Trump v Barbara).
