Supreme Court Allows Revocation of TPS Protections for Haitian and Syrian Immigrants

In a highly anticipated decision, the Supreme Court of the United States has ruled 6-3 that the Trump administration holds the authority to end Temporary Protected Status (TPS) for immigrants from Haiti and Syria. This decision clears the way for the administration to revoke legal work and residency protections for approximately 16,000 Haitian and 7,000 Syrian immigrants, who have been living in the United States under the humanitarian program.

The program, established in 1990, allows the president to grant temporary legal status to immigrants from countries experiencing natural disasters, armed conflicts, or other extraordinary circumstances that prevent their safe return. In response to the 2010 Haiti earthquake, the Obama administration designated Haiti for TPS, and the Trump administration extended the designation. Similarly, for Syria, the TPS designation was established in 2012.

However, the Trump administration announced its intention to terminate TPS for both countries in 2017, citing improvements in their respective circumstances. Haitians and Syrians who have been living in the United States under TPS have been granted work permits and have developed lives, built families, and established businesses, raising concerns about their future.

The Supreme Court’s decision stems from a challenge to the administration’s move, brought by Haitian and Syrian plaintiffs, who argued that the president did not have the authority to revoke TPS without providing a valid reason under the Immigration and Nationality Act (INA). However, the justices ruled that the INA gives the secretary of homeland security the authority to determine whether conditions in the designated country have improved or worsened, without providing specific justifications.

The administration’s plan to end TPS for Haitians and Syrians is set to take effect July 22, 2022, leaving these immigrants facing an uncertain future. Advocates for immigrant rights have expressed their disappointment with the Supreme Court’s decision and urged lawmakers to pass legislation that would protect TPS holders from the administration’s actions.