Supreme Court Upholds Termination of TPS for Haiti and Syria

The U.S. Supreme Court ruled 6-3 on June 10, 2025, that the Trump administration may proceed with terminating Temporary Protected Status (TPS) for approximately 350,000 Haitian and 3,800 to 6,000 Syrian holders. The decision applies specifically to these two countries, though the administration has also moved to end protections for nationals from several other nations.

Legal Background

The Temporary Protected Status program was established in 1990 to grant legal status and work authorization to migrants who cannot safely return to their home countries due to natural disasters, armed conflicts, or other extraordinary conditions. The Department of Homeland Security designates qualifying countries for periods of up to 18 months, subject to renewal.

Supreme Court Ruling

Justice Samuel Alito authored the majority opinion, stating that lower courts overstepped their authority by questioning the administration's decision. The Court held that under the TPS statute, the President's decision to terminate the program is not subject to judicial review. The Court also rejected a claim that the decision to remove protections for Haitians was discriminatory.

Administration's Rationale

Homeland Security Secretary Kristi Noem concluded that conditions in Haiti and Syria have improved and no longer meet the criteria for TPS designation. However, the U.S. State Department currently advises against travel to both countries, citing ongoing violence and instability.

Lower Court Findings

In the case involving Haiti, a lower court judge found that Secretary Noem failed to follow proper procedures and cited evidence of potential bias, including a 2018 statement by President Trump referring to Haiti as a "shithole country" and a 2024 social media post by Noem stating "WE DON'T WANT THEM. NOT ONE."

In the case involving Syria, a federal judge in New York ruled in favor of seven Syrian plaintiffs, citing unsafe conditions in the region.

Impact on Affected Individuals

Without TPS, affected individuals are subject to standard deportation processes but may seek alternative legal avenues to remain in the United States, such as asylum applications. They will lose work authorization and legal status.

Economic Contributions

According to FWD.us, an immigration advocacy organization:

• Approximately 200,000 Haitian TPS holders are in the U.S. workforce, including 15,000 agricultural workers, 13,000 nursing assistants, and 8,000 caregivers.
• TPS holders are estimated to generate $5.9 billion annually for the U.S. economy and pay $1.5 billion in federal and state taxes.

Broader Context

The Trump administration has attempted to terminate TPS for 13 of 17 designated countries. The remaining four countries—El Salvador, Lebanon, Sudan, and Ukraine—face potential termination upon their next renewal periods. The administration has also revoked TPS for Afghanistan and Cameroon and terminated a separate parole program allowing over 500,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela to remain while their claims were processed.