The Supreme Court ruled Thursday that the Trump administration can move forward with its efforts to strip more than 356,000 Syrian and Haitian immigrants of temporary protections that have allowed them to live and work in the United States. In a 6-3 decision, the divided Supreme Court ruled that the TPS law bars judicial review of claims brought under federal law. This landmark ruling reshapes how you advise TPS clients facing termination and eliminates a key legal avenue for challenging DHS decisions to revoke protected status.
What changed
The dispute arose out of the Department of Homeland Security’s decision to end Temporary Protected Status for more than 6,000 Syrians and 350,000 Haitians. Lower court judges had postponed the terminations of the programs, but the Supreme Court reversed those rulings, saying in a 6-3 decision that immigrants from Syria and Haiti are not entitled to judicial orders postponing the terminations of their temporary deportation protections.
Conservative Justice Samuel Alito, who authored the ruling, wrote that courts cannot review the administration’s decisions concerning TPS. The law governing TPS “plainly bars” such judicial review, Alito wrote. Alito also wrote that the Haitian TPS holders who sued the administration were unlikely to succeed in their argument that the administration’s actions were racially biased, violating the U.S. Constitution’s Fifth Amendment promise of equal protection under the law.
The ruling addressed two separate class-action lawsuits filed by Syrian and Haitian TPS holders. The challenges centered on actions last year by Kristi Noem, who at the time served as Trump’s Department of Homeland Security secretary, to revoke the TPS designations for Syria and Haiti, stating that providing this status to them was contrary to U.S. national interests.
Why it matters
This decision eliminates judicial review as a shield for TPS holders. You can no longer challenge a TPS termination in federal court on grounds that DHS failed to follow procedural safeguards, conducted an arbitrary review, or acted with unconstitutional discrimination. The ruling will buttress Trump’s efforts to terminate TPS for 13 countries, including Venezuela, Honduras, Nicaragua, Ethiopia and South Sudan.
For your current TPS clients from Haiti and Syria, this means:
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Immediate exposure to deportation proceedings. Without protected status, affected people are subject to deportation via the normal legal process. But they can seek other avenues for remaining in the U.S. by, for example, claiming asylum.
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Injunctions are off the table. Lower courts can no longer issue stays preventing the government from terminating TPS designations on judicial review grounds.
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Broader precedent. TPS is a designation that allows migrants from countries stricken by war, natural disaster or other catastrophes to live and work in the United States while it is unsafe for them to return to their home countries. Any future TPS termination by DHS is now largely insulated from court challenge.
Way forward
For practitioners with TPS clients from the affected countries:
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Audit your active cases now. Identify all Haiti and Syria TPS holders in your caseload. Their status will terminate unless DHS extends it (unlikely under this administration).
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Explore alternative relief immediately. Affected people can seek other avenues for remaining in the U.S. by, for example, claiming asylum. Assess each client for asylum eligibility, withholding of removal, Convention Against Torture protection, and any family-based or employment-based remedies. File defensive asylum claims before enforcement accelerates.
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Document country conditions. The State Department currently warns against traveling to either Haiti or Syria, citing widespread violence, crime, terrorism and kidnapping. Gather current evidence of persecution or danger specific to your client’s profile for asylum or withholding applications.
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Counsel clients on timing. TPS termination is not instantaneous. Even after the designation ends, clients retain time to file asylum claims or other protective applications before removal becomes imminent. Meet with clients to explain the ruling and available options.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. It is provided by a software company, not a law firm. Consult a licensed immigration attorney licensed in your jurisdiction to discuss how this ruling affects your specific circumstances. Immigration policy can change without notice; always verify your understanding against the primary source and current agency guidance linked above.