Supreme Court TPS Rulings Reshape Employer I-9 Compliance

For employers, the most pressing question is work authorization. Employees whose authorization rests on TPS for Haiti or Syria may be affected. Immigration attorneys Alycia Moss and Catherine Renshaw of Fennemore said employers should rely on USCIS, E-Verify, and Form I-9 guidance rather than news reports alone. DHS and USCIS may issue updated implementation and I-9 guidance following the decision, they noted.

A Supreme Court ruling does not by itself tell an employer which specific employee may continue working. That determination depends on the employee's current documents, applicable automatic-extension rules, and updated agency guidance. TPS provides protection from removal and work authorization during the designation period. When a TPS designation ends, TPS-based work authorization may also end unless the employee has another valid basis for employment authorization or an automatic extension applies.

Employers must employ only individuals authorized to work in the United States. They also must avoid discrimination, unfair documentary practices, and national-origin-based treatment. The attorneys advised reviewing Form I-9 records for upcoming reverification dates, including EADs in category A12 or C19, without singling out employees based on nationality or citizenship. They said to check USCIS I-9 Central, E-Verify, and the country-specific TPS pages for Haiti and Syria before acting on TPS expiration or automatic-extension rules. Add reverification deadlines to tracking systems. Do not request documents earlier or more often than Form I-9 rules allow. When reverification is required, let the employee choose which valid List A or List C document to present. Do not demand a specific document. Do not suspend, terminate, or place an employee on leave based only on headlines. Prepare neutral communications focused on I-9 requirements, not nationality or assumptions about future status.

The decisions do not resolve every operational question. Border procedures, TPS implementation, and I-9 guidance may continue to change. The attorneys said employers and affected individuals should monitor official DHS, USCIS, E-Verify, CBP, Federal Register, and court updates before making decisions that affect employment, travel, or immigration status.