Supreme Court Allows Trump Administration to End TPS for Haitians and Syrians
The Supreme Court ruled Thursday that the Trump administration may move forward with ending Temporary Protected Status, or TPS, for nearly 400,000 people from Haiti and Syria who have been living lawfully in the United States.
In a 6-3 decision, the Court held that the Department of Homeland Security’s decision to terminate TPS designations was not subject to judicial review. The cases, Mullin v. Dahlia Doe and Trump v. Fritz Emmanuel Lesly Miot, centered on whether former DHS Secretary Kristi Noem followed required procedures before ending protections for Haiti and Syria.
TPS was created by Congress in 1990 to allow nationals of countries affected by war, natural disaster or other extraordinary conditions to live and work temporarily in the United States. The law gives the homeland security secretary authority to decide whether a country remains eligible, after consultation with other agencies.
Plaintiffs argued that Noem did not properly follow that process and that the decision was influenced by discriminatory views toward nonwhite immigrants. Writing for the majority, Justice Samuel Alito said the cited statements by President Donald Trump and Noem were insufficient to prove that race motivated the TPS termination. Justice Clarence Thomas concurred.
Justice Elena Kagan dissented, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. Kagan argued that courts should be able to review whether DHS complied with required procedures before making TPS decisions.
The ruling affects approximately 363,000 Haitians and 7,000 Syrians. It follows a prior Supreme Court decision allowing the administration to end TPS protections for Venezuelans.
Immigration advocates criticized the decision and called on Congress to intervene. Some noted that Haiti and Syria remain under State Department “Do Not Travel” advisories because of violence, instability and limited services.
Absent further lower-court action, affected TPS holders could soon face loss of work authorization and potential removal proceedings.