The Supreme Court has ruled to end Temporary Protected Status (TPS) for Haitian and Syrian immigrants, a decision that could affect nearly 1.3 million people from 17 countries who have been granted this protection. The ruling directly impacts approximately 350,000 Haitians and 6,000 Syrians.
TPS, established by Congress in 1990, provides protection from deportation for individuals from countries experiencing natural disasters or civil strife. Many TPS holders have resided and worked in the United States for decades and have American-born children. The termination of these protections exposes beneficiaries to potential detention and deportation, and could complicate asylum claims or other immigration relief efforts for hundreds of thousands.
Immigration lawyers and advocates argue that conditions in Haiti and Syria remain unstable, making return unsafe. They assert that the Trump administration did not adequately assess country conditions or consult with other government agencies as required by law before ending the protections. Haitians were first granted TPS in 2010 following a major earthquake, with subsequent extensions due to ongoing gang violence. Syrians received TPS in 2012 amidst a protracted civil war.
The Supreme Court's 6-3 decision affirmed the government's argument that the Department of Homeland Security (DHS) holds sole authority to end TPS designations, not the judiciary. This ruling is expected to take effect approximately 32 days after the announcement, with lower courts tasked to implement the decision, a process anticipated to conclude around July 27. Until then, Haitians and Syrians with TPS may retain their work authorization.
Following the ruling, TPS holders from Haiti and Syria will likely lose their employment authorization. They may revert to their previous immigration status, provided it has not expired and they have not acquired a new one, such as asylum. The Trump administration previously ended TPS for approximately 1 million individuals from 13 countries, including significant numbers from Venezuela and Honduras. Decisions are pending for Salvadorans and Ukrainians whose TPS protections are nearing expiration.
Legal experts and advocates are urging individuals with TPS to explore alternative pathways to remain in the United States, such as asylum or employment-based visas, though these avenues have also become more challenging. Many beneficiaries may face a choice between voluntary return to their home countries or deportation proceedings, potentially leading to job loss and separation from U.S.-born children.
Advocates are also calling on Congress to intervene and restore TPS protections, emphasizing the humanitarian significance of the program for beneficiaries, their families, and American communities.