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Supreme Court Ruling Clears Way for End of Haitian Temporary Protected Status

The decision narrows courts' power to review TPS terminations, enabling DHS to treat protections as expired and accelerate returns to a country U.S. officials warn is unsafe.

Overview

  • The U.S. Supreme Court issued a 6–3 ruling on June 25 that sharply limits nonconstitutional judicial review of Temporary Protected Status terminations and let DHS proceed with ending Haiti's designation.
  • DHS and USCIS have told Haitian TPS holders to treat July 1 as the status expiration date and outlined options that include applying for other visas or accepting government-assisted departures such as travel tickets and small stipends.
  • Advocates and lead counsel Geoff Pipoly say DHS skipped statutorily required, fact-based country condition reviews and allege the termination was driven by racial animus, a claim emphasized in Justice Elena Kagan’s dissent.
  • About 350,000 people who relied on TPS could lose work authorization and access to services, threatening staffing at hospitals and care facilities and prompting community plans to shelter or support affected families.
  • TPS is a temporary, congressionally created protection used after disasters or violence; the State Department currently issues a highest-level Do Not Travel advisory for Haiti because of gang violence, kidnappings, and collapsed services.