Supreme Court Hears Arguments on Revoking TPS for Haitian and Syrian Immigrants

and Syrian TPS holders sued in federal courts in Washington, D.C., and New York, claiming the terminations ignored required procedures, such as State Department consultations, and may have been motivated by racial animus. The cases were consolidated for Supreme Court review.

Lower courts ruled that Noem did not follow proper processes and potentially discriminated based on race. The Trump administration contends that TPS decisions are at the DHS secretary's discretion and not subject to judicial review, as per the Immigration and Nationality Act.

U.S. Solicitor General John Sauer argued in briefs that Congress intended TPS to be temporary, with accountability through political processes rather than courts.

“Congress, in short, prescribed substantive and procedural guardrails to keep TPS designations temporary, but left further accountability to the political process, not federal courts." — John Sauer, U.S. Solicitor General, in a brief (ABC). Ahilan Arulanantham, a UCLA law professor and co-director of the Center for Immigration Law and Policy, stated that the statute requires consultation with the State Department for terminations.”

The Supreme Court previously allowed the administration to terminate TPS for over 300,000 Venezuelans last year via its emergency docket, though litigation continues. The administration has attempted to end TPS for immigrants from 13 countries, including Afghanistan, Honduras, Yemen, Myanmar, Ethiopia, and South Sudan, with some successes and ongoing challenges.

Nearly 1.3 million people held TPS at the start of the second Trump administration. Immigrant advocates highlight TPS holders' contributions to the U.S. economy, particularly in healthcare and senior care, where they comprise 28% of the long-term care workforce according to the Kaiser Family Foundation.

More than 113,000 Haitian TPS holders work in Florida, supporting industries reliant on immigrant labor. Business groups in senior living and aging services warned that terminations could disrupt care for elderly and vulnerable populations. Earlier this month, the House passed legislation to extend TPS for Haitian immigrants for three years.

A Supreme Court decision is expected by the end of June. If the court rules in favor of the administration, it could lead to efforts to end TPS for all designated countries. The cases represent another test of executive authority in immigration policy during President Trump's second term, alongside pending rulings on birthright citizenship and other matters.