WASHINGTON — The U.S. Supreme Court is considering whether the federal government can end Temporary Protected Status (TPS) for Syrian and Haitian nationals, a case that could affect hundreds of thousands of immigrants living and working legally in the United States under the humanitarian program.
The justices heard oral arguments on April 29 in two consolidated cases, Mullin v. Doe and Trump v. Miot, which challenge the Trump administration’s efforts to terminate TPS protections for nationals of Syria and Haiti. The court is expected to issue a ruling by the end of June, according to court records and legal observers.
TPS allows nationals of designated countries affected by armed conflict, natural disasters or other extraordinary conditions to remain in the United States temporarily and obtain work authorization. Haitians and Syrians were among migrants covered by the program after conditions in their home countries were deemed unsafe for return.
The Trump administration argues that federal law gives the Department of Homeland Security broad authority over TPS designations and terminations and largely shields those decisions from judicial review. Solicitor General D. John Sauer told the court that the statute limits the ability of federal judges to second-guess executive branch determinations involving immigration and foreign policy.
Lawyers representing TPS beneficiaries contend that courts retain authority to review whether the administration followed procedures required by law before ending protections. They argue that the government failed to conduct required consultations and assessments before terminating TPS for Haiti and Syria.
Several conservative justices appeared receptive during oral arguments to the administration’s position that courts have limited authority to review TPS decisions. At the same time, some liberal justices questioned whether the government complied with statutory requirements and examined allegations that the decision-making process may have been influenced by improper considerations.
“This case asks the Supreme Court to consider whether the Trump administration can end the Temporary Protected Status program for Syrian and Haitian nationals,” the Legal Information Institute at Cornell Law School said in a summary of the dispute.
The cases involve more than 350,000 Haitian nationals and about 6,000 Syrian nationals, according to court filings and reporting on the litigation. Lower federal courts previously blocked the administration’s efforts to terminate the protections while legal challenges proceeded.
Outside the Supreme Court during arguments, immigrant-rights advocates and TPS holders urged the justices to preserve the protections, while supporters of the administration said the program was intended to be temporary and that termination decisions belong to the executive branch.
The protections remain in place while the case is pending. A decision from the Supreme Court is expected before the court concludes its current term later this month.
