Supreme Court Hears Arguments on Trump Termination of TPS for Haitians and Syrians

Liberal justices, including Sonia Sotomayor and Ketanji Brown Jackson, questioned whether racial bias influenced the decisions. Sotomayor referenced Trump's comments on preferring immigrants from Norway, Sweden, and Denmark over those from Haiti and African nations. Sauer responded that the statements addressed crime and instability, not race.

and Broader Implications Chief Justice

John Roberts expressed skepticism about extending the Trump v. Hawaii precedent to TPS, noting differences in context involving aliens already present in the U.S. Conservative justices Samuel Alito and Neil Gorsuch asked no questions of Sauer, which reports indicated may signal agreement with the administration's position.

The court's conservative majority appeared sympathetic to the government's arguments during the hearing. TPS, created in 1990, allows the DHS secretary to designate countries facing war, natural disasters, or instability, permitting nationals to live and work in the U.S. temporarily.

It does not provide a path to citizenship. Haitians have held TPS since a 2010 earthquake that killed over 300,000 people, while Syrians have been protected since 2012 amid civil war. Noem terminated Syria's TPS last year, citing moves toward "stable institutional governance" after the late-2024 fall of President Bashar al-Assad.

For Haiti, she stated no extraordinary conditions prevented safe return, despite ongoing gang violence. Challengers disputed these assessments, arguing inadequate consultation with the State Department. If the Supreme Court rules for the administration, it could enable ending TPS for all designated countries, affecting nearly 1.3 million people at the start of Trump's second term.

Last year, the court allowed termination of TPS for over 300,000 Venezuelans via its emergency docket. A decision is expected by late June or early July 2026.

The Trump administration has revoked or sought to deny TPS extensions for immigrants from multiple countries since Trump returned to office in 2025. Lower courts have ruled they cannot second-guess the substance of DHS conclusions but can review procedural compliance.

Arulanantham warned that unchecked power could lead to arbitrary designations or terminations. Senior citizens have joined advocacy efforts, highlighting the role of TPS holders as caregivers. Community members held signs supporting TPS extension during related rallies.

The cases stem from class-action lawsuits by affected immigrants.

“The secretary can terminate TPS but he must turn square corners, follow the rules Congress set.”

Reports noted the administration's actions open the door to deporting hundreds of thousands. Syria remains divided and violent a year after Assad's fall, per background details. Haiti continues to face significant humanitarian crises.