RAICES Bulletin: Supreme Court Permits Termination of TPS by Executive Branch
By RAICES Public Affairs Director Javier Hidalgo, Esq.
TL;DR The U.S. Supreme Court has ruled that the government may terminate Temporary Protected Status (TPS) for nationals from Haiti and Syria. Consequently, thousands of current TPS holders face potential removal and must urgently pursue alternative forms of immigration relief.
WHAT TO KNOW
Issue: On June 25, 2026, in the consolidated cases of Mullin v. Doe and Trump v. Miot, the Supreme Court held that the federal government can proceed with terminating TPS for foreign nationals from Haiti and Syria. The Court held that the TPS statute precludes judicial review of non-constitutional claims related to the termination of TPS designations and found that the Haitian nationals’ equal protection claim was unlikely to succeed.
Rationale: The Court determined that the TPS statute explicitly bars judicial review of any determination by the Secretary of Homeland Security regarding the designation, termination, or extension of a TPS designation. The term “determination” was interpreted broadly to include both the final decision and the process leading up to it. The Court also found that the equal protection claim lacked merit, as the statements cited by the respondents did not overtly indicate racial motivation and could be explained by the administration’s general stance against TPS.
RAICES Impact: RAICES staff should review their pending cases to identify current TPS holders, particularly those from Syria or Haiti, and assess the immediate and future impact of this ruling. Current TPS holders now face potential changes in their status and practitioners should plan to advise clients on the potential need to pivot urgently from processing TPS renewals to identifying and pursuing alternative forms of immigration relief, such as asylum or family-based petitions.
Community Impact: The ruling could lead to the removal of thousands of Syrian and Haitian nationals who have relied on TPS for legal status and work authorization in the U.S. This decision may result in significant disruptions to families and communities, as individuals face the prospect of returning to countries still grappling with instability and unsafe conditions.
Related Legal Battles: By determining that the TPS statute strictly bars judicial review of these executive decisions, the Supreme Court has effectively neutralized similar lawsuits that have kept protections in place for nationals of other designated countries. This decision severely restricts the ability of civil rights advocates and lower courts to challenge future TPS terminations.
Broader Immigration Strategy: This court decision matches the current administration’s strict approach to immigration, which we can already see in their push to end TPS for several countries. Because this ruling takes away the courts' ability to keep the president's power in check, the government will likely be emboldened to target other programs that provide relief to immigrants and further its anti-immigrant agenda. Without judges stepping in to stop them, the administration can easily push forward with its aggressive efforts to strip immigrants of their legal paperwork and protections.
