On June 25, 2026, the US Supreme Court, after several months of litigation, ruled in favor of the Trump administration, allowing it to terminate Temporary Protected Status (“TPS”) for Haitian and Syrian nationals. The Court held that TPS termination decisions made by DHS are generally not subject to judicial review on non-constitutional grounds.
On June 25, 2026, the Supreme Court of the United States, on a 6-3 vote, ruled in favor of the Trump administration’s request to terminate TPS for Haitian and Syrian nationals.
The TPS program was enacted by Congress to give the Department of Homeland Security (“DHS”) authority to classify a country’s citizens as eligible to remain and work in the US, when they cannot safely return to their own country. The eligibility to remain in the US under TPS is normally granted if there is a natural disaster, armed conflict, or if other “extraordinary and temporary” conditions exist in the home country that would prevent citizens from returning home safely.
The challenges from Haitian and Syrian nationals that were filed in Washington, DC and New York, respectively to protect TPS status, were both overturned with this recent ruling. The Court held that the federal law establishing the TPS program does not permit a court to review TPS determinations by DHS on non-constitutional grounds. Further, the Court made note that any claim that the termination of TPS for Haiti was racially biased in violation of the Equal Protection Clause of the US Constitution, was unlikely to succeed.
This ruling will allow DHS to terminate the TPS designations for Haiti and Syria. Once the designation is terminated, it will leave citizens from these countries without status or work authorization in the United States. It also potentially clears a path for DHS to terminate TPS designations for other countries. We anticipate that DHS will provide further information on the termination of TPS designations for Haiti and Syria as well as other countries. Vialto will continue to monitor this situation and provide further updates.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Sabhi Syed
Senior Associate
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