Supreme Court Allows Termination of TPS for Haiti and Syria, Placing TPS Program in Jeopardy

jorono-flag-2693195-scaledOn June 25, 2026, the Supreme Court allowed the Trump administration to end Temporary Protected Status for more than 350,000 people from Haiti and Syria who have been legally living and working in the United States.

Although the ruling directly affects only TPS holders from Haiti and Syria, its impact could reach much further.

The decision may have consequences for the broader TPS program, which currently protects about 1.3 million people from more than a dozen countries.


What is TPS


Temporary Protected Status (TPS) is a temporary immigration protection that allows people from certain countries to live and work legally in the United States, when it is unsafe for them to return home because of conditions like war, natural disasters, or major political instability.

The federal government determines which countries qualify for TPS and decides whether conditions in those countries justify renewing their designation.


The Ruling


The case, Mullin v. Doe, written by Justice Alito, held that courts do not have authority to review an administration’s decision to terminate TPS for a particular country. The court also rejected a constitutional claim brought by Haitian TPS holders, who argued that Haiti’s designation was ended because of racial bias. The court found that the evidence was not enough to show that racism played a motivating role in the decision.

Haitian and Syrian TPS recipients now have very limited time to depart the United States or seek alternative legal pathways to remain in the country. TPS for both countries is set to expire Wednesday, July 1.

The ruling is also expected to speed up the resolution of pending lawsuits challenging the administration’s efforts to end TPS protections and work authorization for dozens of other countries.

As a result, TPS holders from other designated countries may also face the loss of their protections in the coming weeks or months.


About the Case


The case concerned the DHS Secretary’s decision to terminate TPS designations for Syria in September 2025 and Haiti in November 2025. Nationals from both countries challenged those terminations in federal district court, and the lower courts issued preliminary injunctions temporarily preventing TPS terminations from taking effect. Those injunctions also allowed TPS holders to continue working while the litigation continued.

The government appealed, and the Supreme Court agreed to review the challenges together in one consolidated case.

On June 25th the Supreme Court reversed the lower court injunctions, allowing DHS to move forward with ending TPS designations for Haiti and Syria.

The Court’s decision also signals that federal courts should take a limited role when reviewing future TPS termination decisions.


Preparing for TPS Termination


USCIS has instructed TPS beneficiaries from Haiti and Syria to treat July 1, 2026, as the expiration date for their TPS protections. Affected beneficiaries should consult an immigration attorney immediately, if they have not already done so, to determine whether they have any alternative legal pathway to remain in the United States.

Those who may qualify for another form of relief or work authorization should act quickly to pursue those options. Those without viable alternatives should begin preparing to depart the country.

TPS beneficiaries from other countries should also exercise caution and speak with an attorney about a contingency plan in case the government moves to terminate protections for additional countries.


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