Supreme Court Allows End of TPS for Haiti and Syria

The Supreme Court has ruled that the Trump administration can move forward with ending Temporary Protected Status ("TPS") for citizens of Haiti and Syria. The Court reasoned in a 6-3 decision that because the immigration statute prohibits federal courts from reviewing the Department of Homeland Security’s decisions on whether a country qualifies for TPS designation, the Court could not interfere with the agency’s decisions. The ruling leaves an estimated 350,000 Haitians and roughly 6,000 Syrians at risk of losing their status, many of whom have lived, worked, and raised families in the US lawfully for over a decade, and being forced to return to countries the State Department still considers too dangerous for travel. The specific travel advisories for Haiti and Syria are linked.

TPS is a humanitarian program that allows nationals of designated countries to live and work lawfully in the United States when conditions in their home country, such as armed conflict, natural disaster, or other extraordinary circumstances, make return unsafe. Haiti was first designated for TPS in 2010 after a catastrophic earthquake, and Syria in 2012 during the civil war under the Assad regime, and both designations had been renewed repeatedly until the prior Secretary moved to end them last year.

The plaintiffs did not challenge the Secretary's conclusions about country conditions but instead argued that she failed to complete a required step, which was to consult other agencies on whether each country was safe before ending TPS for Haiti and Syria. The majority held that the immigration statute prohibits review of the entire decision-making process, so the agency’s failure to complete all the required steps is outside their scope of review. In dissent, Justice Kagan warned that a Secretary could now "announce to the world that she didn't consult with anyone" and the courts would be "powerless to intervene." The ruling reaches beyond these two countries: since January 2025, the Trump administration has terminated TPS designation for 13 countries that reached their renewal date. This is a disappointing outcome.

Individuals who currently hold TPS should track their termination and work-authorization end dates on the USCIS website, which has a specific page dedicated to TPS. Other relief, such as asylum or adjustment of status, may be available, though eligibility is fact-specific and narrows once authorization expires. At the same time, leaving the country without a clear assessment of future options or letting status lapse can trigger serious immigration consequences. A discussion with immigration counsel could help determine the appropriate next steps.

This alert is for informational purposes only. Please contact us if you would like to discuss these developments further.