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Supreme Court Clears Way to End TPS for Haitians and Syrians

The June 25 ruling bars most judicial review of agency TPS decisions, leaving DHS or Congress to decide whether protections are restored or ended.

Overview

  • The U.S. Supreme Court on June 25 held that the TPS statute largely prevents courts from reviewing the executive’s country-designation and termination decisions, allowing the administration to proceed with ending protections.
  • The Biden-era terminations already challenged in court can now move forward and the administration has begun steps to cancel or review TPS for Haiti, Syria and several other countries, which will remove beneficiaries’ work authorizations unless new action is taken.
  • Advocates and lawyers warn the ruling places hundreds of thousands at immediate risk of deportation and return to dangerous conditions in Haiti and Syria, with some plaintiffs’ counsel saying the decision could cost lives.
  • Researchers and employers say ending TPS will shrink key workforces now filled by beneficiaries, especially in health care and long-term care, and could produce short-term staffing and economic strains in states with large Haitian communities.
  • With most procedural legal remedies curtailed, advocates are pressing Congress for a legislative solution while analysts say the dispute will focus next on DHS rulemaking, enforcement choices, and partisan fights over any permanent fix.