The US Supreme Court has ruled that the Trump administration can strip Temporary Protected Status (TPS) from hundreds of thousands of Haitian and Syrian migrants, allowing them to remain in the United States for years. The 6-3 decision overturned federal judges' rulings that had blocked the administration from ending TPS for 350,000 people from Haiti and 6,100 from Syria.
What Is Temporary Protected Status?
TPS is granted to individuals whose home countries are unable to accommodate them due to war or natural disasters. Recipients can legally live and work in the US for up to 18 months, subject to extensions. During this period, they cannot be removed or detained by authorities based on their immigration status.
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.
Separate Asylum Ruling
In a separate ruling, the court said migrants arriving at the border are not entitled to apply for asylum until they set foot on US soil, giving another win to the Trump administration.
Justice Alito's Majority Opinion
Justice Samuel Alito wrote that the law governing TPS clearly prevents courts from reviewing government decisions. He also said the Haitian migrants who sued were unlikely to prove that the administration's actions were racially discriminatory and violated the US Constitution's equal-protection rights under the Fifth Amendment.
Dissent by Liberal Justices
The three liberal justices dissented. Justice Elena Kagan said the government's decision to remove these protections was racially motivated. “The statements fairly shout, in their racial undertones and overtones alike, that race entered into the President's resolve to remove Haitians from this country,” she said.
Impact on TPS Holders
During his 2024 presidential campaign, Trump amplified false rumours about Haitian immigrants, including that they were abducting and eating house pets. With this ruling, the court has cleared the way for the Trump administration to remove legal protections for TPS recipients, meaning they could face deportation.
“Today's decision puts hundreds of thousands of people at risk”, said Jill Habig, CEO and Founder of Public Rights Project, which filed amicus briefs on behalf of 47 local governments and leaders, urging the Supreme Court to preserve TPS for Haitian immigrants.
Broader Implications
Thursday's decision is likely to have implications for TPS holders from other countries as well.
