Supreme Court Allows Elimination of Temporary Protected Status for Haitians, Syrians
DELMARVA – The Supreme Court of the United States has paved the way for the Trump Administration to end Temporary Protected Status (TPS) for Haitians and Syrians in a 6-3 vote on Thursday.
TPS is a humanitarian designation issued by the Department of Homeland Security, in which certain nationals of a TPS country living in the United States qualify for work authorization and immunity from removal without having lawful immigration status. Each TPS designation is reviewed by the DHS Secretary every 18 months to determine whether countries are still eligible for the status.
Both Haiti and Syria have had TPS designations for more than a decade. Haiti received its TPS designation following a devastating earthquake in 2010, while Syria has had their designation since 2012 for conditions related to the repressive regime of Bashar al-Assad, who was thrown over in Dec. 2024. In Sept. 2025, under the direction of then Secretary Krisi Noem, DHS provided public notice that Haiti and Syria’s TPS designations, alongside 11 other nations, would be terminated following President Trump’s signing of executive order 14159, titled “Protecting the American People Against Invasion.” The terminations resulted in in respective lawsuits from Haitian and Syrian nationals residing in the United States on the basis of equal protection.
The opinion, authored by Justice Samuel Alito, found that the termination of TPS designations were not subject to judicial review, and were terminated due to the current administration’s opposition to the program, rather than them being made on the basis of race.
“None of the cited statements by either the President or the Secretary was overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications,” Alito wrote. “Viewing all the relevant evidence, respondents are unlikely to prove that race was a motivating factor in the decision to terminate Haiti’s TPS designation, and it follows that they are not entitled to interim relief on their equal protection claim.”
Alito’s majority opinion was joined by Chief Justice John Roberts, Justice Clarence Thomas, and Justice Brett Kavanaugh, with Justices Amy Coney Barrett and Neil Gorsuch agreeing in part. Justice Thomas also filed a concurring opinion, while Justice Elena Kagan wrote the dissent, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
In Kagan’s dissent, she argued that the Court ought to utilize their power of judicial review, saying they can review the actions of the Secretary. Further, she claimed the Trump Administration’s decision to terminate TPS protections was based on race, citing past remarks made by the President himself.
“There is no dispute that the plaintiffs will suffer irreparable harm absent postponement of the TPS decisions,” Kagan said. “Respectfully, I dissent from the Court’s decision that they may instead be put on the next plane.”
Lawmakers and advocacy groups criticized the Court’s decision, saying that it would strip legal protections from hundreds of thousands of people who registered, were vetted, and followed the legal process to reside in the United States.
Following the Court’s decision, Representative Sarah McBride (D-DE) called on Congress to create lasting protections for Haitian and Syrian TPS holders alike. According to census data from 2024, more than 5,500 Haitians live in Delaware.
“This decision allows the Department of Homeland Security to revoke their legal status and allow for the deportations of workers, caregivers, parents, small business owners, and seniors who have long been part of our communities,” Rep. McBride said, in part. “Here in Delaware, we’ve seen firsthand the impact of the Haitian community and their contributions to our healthcare system, our economy, and one of our state’s largest industries — agriculture…. They should not pay the price for an agenda rooted in cruelty and fear.”
Virginia Senator Tim Kaine (D-VA) also issued a reaction to the Court’s decision. Kaine, along with 27 of his Senate Democratic colleagues, previously signed on to an amicus curiae brief to the Supreme Court in this case that explained congressional intent on when courts should review an Administration’s termination of TPS.
The Eastern Shore of Maryland is also home to thousands of Hattians, with the group comprising just over four percent of Wicomico County’s working population. Maryland’s Attorney General Anthony G. Brown called the decision “a blow” to thousands of Marylanders.
“These Haitian and Syrian immigrants have built their lives in Maryland. Because of this ruling, the Trump Administration is now free to send them back to countries that our own State Department has designated too dangerous to visit,” AG Brown said. “Maryland will lose workers, communities will be destabilized, and children will be separated from their parents, all because of this cruel decision to end policies that have benefitted Maryland communities for decades. Our Office stands with all Marylanders who call this State home.”
WMDT has reached out to the Haitian Development Center of Delmarva for comment on the decision, but we have not heard back at this time.
To read the Court’s decision in full, click here.
