The US supreme court on Thursday ruled in favor of the Trump administration’s bid to strip temporary protected status (TPS) from hundreds of thousands of Haitians and Syrians, who were legally in the US and protected from deportation.
In another boost to Donald Trump’s unprecedented hardline crackdown on immigrants, including many who have lived legally in the US for years, the court issued a 6-3 ruling. That was powered by its conservative-leaning majority, overturning decisions by federal judges in New York and Washington DC that had halted the administration’s actions terminating TPS for more than 350,000 people from Haiti and 6,100 from Syria.
The court’s three liberal-leaning justices disagreed with the opinion. It leaves Haitians and Syrians in the US on TPS vulnerable to deportation even if they have applications for other forms of immigration status in progress.
The state department currently warns against traveling to either Haiti or Syria, citing widespread violence, crime, terrorism and kidnapping.
All countries with a designation allowing TPS in the US are now considered under threat as the ruling will embolden the US president to strip other places of their status, no matter how risky it would be for immigrants to return there.
People with TPS are given the permission to live and work in the US because the Department of Homeland Security (DHS) deemed their home countries to be unsafe due to war, political instability or natural disasters. In the past year, Trump officials have attempted to cut the program for various countries, opening the door to the removal of hundreds of thousands of protected immigrants in the US.
During arguments in late April, the supreme court – controlled by a supermajority of conservative justices – appeared sympathetic to the administration’s move to strip the protected status of Haitians and Syrians.
The US federal government argued the executive branch’s decision to terminate TPS for Syria and Haiti could not be reviewed by the judicial branch of the US government, due to the way the TPS legislation was originally written.
Attorneys who sued the administration last year, attempting to preserve TPS status for Haitians and Syrians, argued that DHS did not follow the proper process to terminate TPS. They also argued Haiti and Syria were not safe enough for people to return.
Last year, the supreme court allowed the Trump administration to strip TPS from more than 300,000 Venezuelans under the court’s emergency docket.
The decision was highly anticipated, as analysts feared a decision in favor of the administration could open the door for it to terminate TPS for all countries in what would be the biggest de-documentation move in US history. Nearly 1.3m people were TPS holders in the US when Donald Trump returned to office in January 2025.
The US first provided TPS to Haitians after a major earthquake in 2010 and to Syrians after their country descended into civil war in 2012.
On Thursday morning conservative Justice Samuel Alito, who wrote the ruling, wrote that courts cannot review the administration’s decisions concerning TPS, a development that could doom legal challenges going forward on revocation of this status for any country. The law governing TPS “plainly bars” such judicial review, Alito wrote.
He added that the Haitian TPS holders who sued the administration were unlikely to succeed in their argument that the administration’s actions were racially biased and therefore violate the US constitution’s fifth amendment promise of equal protection under the law.
The court backed Trump in a second immigration-related decision on Thursday, also written by Alito and also decided 6-3 with the liberals dissenting. It also sided with the Trump administration, supporting its defense of the government’s authority to turn away asylum seekers when officials deem US-Mexico border crossings too overburdened to handle additional claims. The administration has said it may seek to revive the policy, known as metering, after it was dropped by Trump’s predecessor, Joe Biden.
Justice Sonia Sotomayor read out a blistering dissent at the court in Washington, the highest court in the US.
Additional reporting by Reuters.
