The Supreme Court’s conservative majority showed a likelihood on Wednesday to uphold the Trump administration’s authority to terminate temporary protected status (TPS) for Haitian and Syrian immigrants residing legally in the United States. The cases heard by the court could pave the way for the government to begin deporting hundreds of thousands of individuals as early as this year.
The legal challenges center on TPS, a program established under the Immigration Act of 1990 to offer humanitarian protection for immigrants from countries experiencing ongoing conflict or natural disasters, allowing them to live and work in the U.S. temporarily. The Trump administration argued it had the discretion to end these protections, including for Haitians and Syrians, as part of a broader effort to tighten immigration policies and reduce the number of immigrants residing in the country under temporary legal status.
Several conservative justices appeared skeptical of claims advanced by immigrant advocates that federal courts hold the power to review whether former Secretary of Homeland Security Kristi L. Noem properly followed procedures when terminating TPS designations. The legislation governing TPS explicitly states that the secretary’s decisions are not subject to “judicial review,” a point highlighted by the government during oral arguments.
Attorneys representing immigrants criticized the administration, contending that Noem made decisions without proper interagency consultation and accused the government of racial animus in the decision to end these protections. They pointed to ongoing State Department travel advisories for Haiti and Syria, which warn U.S. citizens of significant risks including terrorism, kidnapping, and armed conflict, underscoring the dangers immigrants would face if forced to return. These advisories also recommend “proof of life” protocols for travelers, indicating the severity of the threat environment.
Liberal justices referenced former President Donald Trump’s previous derogatory remarks about immigrants, suggesting that racial bias may have influenced the decisions to terminate TPS for these countries. During his 2024 presidential campaign, Trump pledged to revoke TPS for Haitian immigrants, while promoting unfounded accusations against Haitian residents in Springfield, Ohio.
The outcome of the Supreme Court’s ruling, expected by June, could have repercussions well beyond Haiti and Syria. When Trump assumed office, roughly 1.3 million immigrants from 17 countries benefited from TPS protections. Since then, the Department of Homeland Security has moved to terminate status for individuals from 13 of those nations, many of which remain on the State Department’s list of high-risk destinations. The decisions to rescind TPS raise questions about the future of thousands of immigrants currently shielded from deportation under humanitarian grounds.
