Supreme Court permits revocation of TPS for Haitian and Syrian migrants
In a 6-3 decision, the U.S. Supreme Court ruled that the government can terminate Temporary Protected Status for roughly 350,000 Haitians and 6,000 Syrians, opening the path to possible deportations.
The Supreme Court on Thursday voted 6-3 along ideological lines to allow the Trump administration to proceed with its plan to end Temporary Protected Status (TPS) for about 350,000 Haitian nationals and 6,000 Syrians living in the United States. The majority opinion, written by Justice Samuel Alito, held that courts lack authority to review the Department of Homeland Security’s determinations on TPS extensions or terminations and rejected claims that the Haitian decision was racially discriminatory.
Alito noted that statements cited by plaintiffs, including remarks by former President Donald Trump and former Homeland Security Secretary Kristi Noem, were not “overtly racial” and did not demonstrate that the termination was based on race. The Solicitor General, D. John Sauer, argued that Noem’s revocation decisions are not subject to judicial review.
TPS, a program created in 1990 to provide humanitarian relief to citizens of countries experiencing war, natural disasters or other crises, grants recipients legal status and work authorization for up to 18 months, subject to renewal. Noem concluded that conditions in Haiti and Syria had improved sufficiently to end the protections. The State Department currently advises U.S. citizens against travel to both nations, citing ongoing violence and instability.
Without TPS, affected individuals may face removal proceedings but can still pursue other immigration remedies, such as asylum claims. Lower-court rulings had previously found procedural deficiencies in the Haitian termination and suggested evidence of anti-Black and anti-Haitian bias. Appeals courts declined to stay those decisions, and the Supreme Court’s ruling now clears the way for the administration to implement the terminations.
