SCOTUS: President May Terminate TPS for Haitians, Syrians. On June 25, 2026, in a 6–3 decision, the Supreme Court of the United States rejected claims that the administration had unlawfully terminated the Temporary Protected Status (TPS) designations for Syria and Haiti. The administration defended its termination of TPS for Syria (made in September 2025) and Haiti (made in November 2025) by relying on federal law, which states, “There is no judicial review of any determination of the [Secretary of Homeland Security] with respect to the designation, or termination or extension of a designation, of a foreign state.”
Challengers to the termination of the TPS designations claimed that the statute’s language barring review did not apply to the process leading up to the actual decision. The Court found this argument to be “inconsistent with the plain meaning of the statutory text” and explained, “If the final agency action is unreviewable, then so too are subsidiary determinations.” The Court further rejected claims that the termination of TPS for Haiti was grounded in racial animus because public statements made by President Trump and then-Secretary of Homeland Security Kristi Noem were not “overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications.” Ultimately, the Court ruled that the plaintiffs were not entitled to relief that pauses the terminations of the two TPS programs while the underlying litigation proceeds. Jack R....
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