The US Supreme Court dealt a significant blow to approximately 1.3 million immigrants in the United States, many of whom have lived legally in the country for decades under Temporary Protected Status (TPS). The court's conservative majority ruled 6-3 that the Homeland Security Secretary's decisions regarding TPS designations are generally not subject to judicial review, making it easier for the Trump administration to end these protections.
What is Temporary Protected Status (TPS)?
TPS was enacted by Congress in 1990 to protect individuals already in the US when disaster strikes their home countries, making return unsafe. Designations can be based on natural disasters, epidemics, armed conflict, or other extraordinary conditions. TPS is initially designated for 6 to 18 months, during which beneficiaries receive work permits and protection from deportation. Those with serious criminal records are generally ineligible. Before a designation ends, the Homeland Security Secretary decides whether to extend, redesignate, or terminate it. If no decision is made, TPS automatically extends for six months.
What Did the Supreme Court Rule?
The court ruled that TPS determinations by the Homeland Security Secretary are generally not reviewable by courts, except for constitutional claims. The sole constitutional claim in this case—alleging racial animus by the Trump administration against Haitians—was deemed unlikely to succeed. Justice Elena Kagan dissented, warning that the ruling leaves the Secretary free to make decisions without consultation or evaluation of country conditions, with courts powerless to intervene. Kagan quoted Trump's derogatory comments about immigrants of color and Haitians, stating they were "shot through with racial stereotypes."
Who Is Affected and How?
The specific case involved over 300,000 people from Haiti and several thousand from Syria. They are expected to lose TPS and work authorization once the ruling takes effect. This could lead to deportation, especially for those who cannot apply for other relief like asylum. TPS holders include individuals like Fritz Emmanuel Lesly Miot, a Haitian Alzheimer's researcher with type 1 diabetes, and Laila Doe, a Syrian behavioral technician. The ruling also threatens all TPS nationalities, as it sets a precedent limiting judicial review, making it easier to end protections for others.
What Does the State Department Say About Syria and Haiti?
The US State Department has issued "do not travel" advisories for both Syria and Haiti. For Syria, risks include terrorism, unrest, kidnapping, and armed conflict. For Haiti, warnings cite rampant violent crime, gang activity, and limited law enforcement capacity.
What Has Donald Trump Said About Haiti?
Trump has made derogatory comments about Haiti, calling it a "shithole country" and making false claims about Haitians, including that they "probably have Aids" and were "eating pets" in Ohio during his 2024 campaign.
Which Countries Have TPS Designation?
Active TPS designations include Myanmar, El Salvador, Ethiopia, Haiti, Lebanon, Somalia, South Sudan, Sudan, Syria, Ukraine, and Yemen, with some Venezuelans retaining protections until early October. The Trump administration has terminated TPS for Afghanistan, Cameroon, Honduras, Nepal, and Nicaragua, and hundreds of thousands of Venezuelans have lost status.
What Are the Logistics of Removing TPS Holders?
Once TPS ends, individuals without other legal status face arrest, detention, and deportation. Some may have existing removal orders, while others could enter removal proceedings. If they don't qualify for other relief, deportation is likely, with a years-long ban on return. They may also face prolonged detention before departure.
What Recourse Do They Have?
Some may qualify for asylum, but unlike TPS, asylum requires proving individual persecution, which many cannot. The Trump administration has made asylum harder to win and suspended processing for many TPS countries, including Afghanistan, Myanmar, Haiti, Sudan, Yemen, South Sudan, and Syria.
What Are the Economic Implications?
TPS holders pay $7.8 billion in taxes annually and contributed $262 billion to the economy since 2001, according to Fwd.us. They work in essential industries like construction, hospitality, and healthcare. Among Haitian TPS holders, there are an estimated 13,000 nursing assistants caring for 65,000 patients daily, 3,000 school assistants working with 57,000 students, and 22,000 cooks and servers providing 880,000 meals daily. The elder care industry is particularly affected, as TPS holders make up 8% or more of caregivers in some areas.
Other Immigration Rulings This Term
The court also upheld the "metering" policy at the US-Mexico border, which limited asylum processing at ports of entry. Additionally, on June 30, the court upheld birthright citizenship, rejecting Trump's executive order to end it. However, the ruling was closer than expected, with four justices not plainly stating the executive order violates the Constitution, according to Sirine Shebaya of the National Immigration Project.
