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Supreme Court Allows Termination of Haitian and Syrian Temporary Protected Status; House Passes Extension Bill

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Supreme Court Rules Administration Can End TPS for Haitians and Syrians

The U.S. Supreme Court has ruled 6-3 to allow the Trump administration to terminate Temporary Protected Status (TPS) for approximately 350,000 Haitian and 6,000 Syrian nationals, overturning lower court injunctions. Concurrently, the U.S. House of Representatives passed a bill to extend TPS for Haitians through 2029, though the measure faces an uncertain future in the Senate and a threatened presidential veto.

The legal and legislative actions represent the culmination of a multi-year dispute over the executive branch's authority to end the program.

Supreme Court Ruling

On June 25, 2026, the U.S. Supreme Court ruled in Mullin v. Doe and Trump v. Miot that the Secretary of Homeland Security's decisions to designate, terminate, or extend TPS are not subject to judicial review. The majority opinion, written by Justice Samuel Alito, held that the statute establishing TPS precludes court intervention in such determinations.

Justice Elena Kagan dissented, arguing the law permits courts to intervene if officials bypass required procedures. She stated that statements by President Trump and his administration "fairly shout, in their racial undertones and overtones alike, that race entered into the President's resolve to remove Haitians from this country."

Background on Temporary Protected Status

TPS is a federal program created by Congress in 1990. It allows foreign nationals from countries experiencing armed conflict, natural disasters, or other extraordinary temporary conditions to live and work legally in the United States for renewable periods. TPS does not provide a direct pathway to permanent residency or citizenship.

  • Haiti was first designated for TPS in 2010 following a 7.0 magnitude earthquake. The designation had been extended multiple times due to ongoing gang violence, political instability, and natural disasters.
  • Syria was designated for TPS in 2012 due to its civil war.

The Trump administration had moved to terminate TPS for nationals from at least 13 countries, including Haiti, Syria, Venezuela, Honduras, Nepal, and Afghanistan.

Administration's Position

The Department of Homeland Security (DHS) argued that TPS was intended to be temporary and that decisions regarding its designation are within the sole discretion of the Secretary. DHS stated that conditions in Haiti had improved sufficiently to allow for safe returns and that extending TPS was "contrary to the national interest of the United States." The administration argued that the TPS statute bars judicial review of termination decisions. DHS General Counsel James Percival called the ruling "a win for the rule of law and common sense."

Legal Challenges

Lower federal courts had previously blocked the administration's termination efforts. In Washington, D.C., U.S. District Judge Ana Reyes ruled that the decision to end TPS for Haitians was likely influenced by "hostility to nonwhite immigrants" and that Secretary Kristi Noem did not have "unbounded discretion." A federal court in New York similarly blocked the termination for Syrians.

House Legislative Action

The U.S. House of Representatives voted to advance legislation that would grant TPS to eligible Haitian immigrants for three years. The procedural vote on a discharge petition passed 219-209, with six Republican representatives voting with Democrats. The House subsequently passed the bill with a 224-204 vote, with 10 Republicans joining Democrats.

Statements from lawmakers supporting the bill:

  • Rep. Ayanna Pressley (D-Mass.): Called the passage "a monumental victory" to protect "the safety, dignity, and humanity of our Haitian neighbors."
  • Rep. Laura Gillen (D-N.Y.): Stated that the State Department warns against travel to Haiti while the administration claims it is safe for Haitians to return.
  • Rep. Don Bacon (R-Neb.): Said removing TPS would affect 350,000 workers during workforce shortages.
  • Rep. Nicole Malliotakis (R-N.Y.): Noted that nursing homes in her district would lose skilled staff if TPS is not renewed.

Opposition:

The White House stated that President Trump would veto the bill if it passes the Senate, describing the legislation as "terrible" and stating the administration is "focused on enforcing federal immigration law and putting American citizens first."

Economic Impact

According to FWD.us, nearly 190,000 Haitian TPS holders were employed in early 2025, contributing an estimated $5.9 billion to the U.S. economy and paying $1.6 billion in taxes. They work in retail, hospitality, healthcare, and other sectors.

Employers in Florida reported that TPS holders make up a significant portion of their workforce:

  • Jan Gautam, CEO of IHRMC Hotels & Resorts, stated that 30% of his hotel staff (over 500 employees) are Haitian TPS holders.
  • Rachel Blumberg, CEO of Sinai Residences in Boca Raton, noted that 9% of employees (40 workers) are Haitian TPS holders, and the facility has spent $600,000 on wage increases and training in anticipation of potential staff losses.

Personal Accounts

In Lakeland, Florida, a 16-year-old Haitian boy named Marven lives with his adoptive mother. His biological mother and sister, who hold TPS, were reunited with him three years ago after immigrating under a humanitarian program. Both expressed concerns about returning to Haiti due to reported gang violence.

In Springfield, Ohio, Haitian immigrants have revitalized local businesses by filling jobs in manufacturing and blue-collar sectors. Ohio Governor Mike DeWine (R) called the Supreme Court decision a "mistake," citing violence and economic collapse in Haiti.

Conditions in Haiti

The U.S. State Department's official travel advisory warns against travel to Haiti due to risks including kidnapping, crime, terrorist activity, and civil unrest. According to the United Nations, gang violence has displaced approximately one-tenth of Haiti's population, with documented increases in kidnappings and killings. As of March 2026, over 1.4 million people were displaced within Haiti. The U.S. government has cited difficulties in vetting migrants and obtaining information from Haitian law enforcement agencies.

Broader Implications

The Supreme Court's ruling could affect all 1.3 million TPS holders from 17 countries. The administration has previously been allowed by the court to terminate TPS for Venezuelan nationals. Several lawsuits challenging TPS terminations for other countries remain ongoing in federal courts.