WASHINGTON DC — The U.S. Supreme Court ruled in a six-to-three decision that determinations and selection processes made by the Homeland Security Secretary regarding Temporary Protected Status (TPS) are generally not subject to judicial review. The case involved TPS for more than 300,000 people from Haiti and several thousand from Syria.

Haitian and Syrian TPS holders are expected to lose their status and work authorization once the ruling takes effect. Justice Samuel Alito wrote that the sole constitutional claim under consideration, which alleged racial animus by the Trump administration against Haitians, appeared unlikely to succeed on the merits. Constitutional claims regarding TPS determinations remain subject to judicial review.

Homeland Security Secretary Markwayne Mullin indicated that immigrants in the U.S. with TPS should seek permanent residence or leave. There is no direct green card pathway via TPS. Individuals who lose TPS and do not have another legal immigration status are subject to arrest, detention, and deportation protocols.

Justice Elena Kagan stated in dissent, "After today, a Secretary [of homeland security] can announce to the world that she didn't consult with anyone – more, that she didn't evaluate country conditions at all – before making, extending, or terminating a TPS designation. And the courts will be powerless to intervene." She further noted references made by former President Donald Trump to Haiti. Trump previously referred to Haiti using a derogatory term and called the country "filthy, dirty, [and] disgusting." During the 2024 presidential campaign, Trump claimed Haitians were eating the pets of people in Ohio.

Kagan added, "The references – of filth, disease, and primitiveness – are shot through with racial stereotypes and tropes ... The statements fairly shout, in their racial undertones and overtones alike, that race entered into the President's resolve to remove Haitians from this country." A protest occurred outside the Supreme Court on April 29, 2025, during oral arguments for two cases concerning TPS.

TPS was enacted by the U.S. Congress in 1990. It is designed to safeguard individuals in the U.S. when disaster strikes their native countries, making safe return impossible. A nationality can be designated for TPS due to natural disaster, epidemic, armed conflict, or other extraordinary and temporary conditions. Successful TPS applicants can receive U.S. work permits and protection against deportation.

TPS is initially designated for periods ranging from six to 18 months. The Homeland Security Secretary decides whether to extend, re-designate, or terminate a TPS designation before it ends for a particular nation. If the Secretary does not make a determination in time, a TPS designation automatically extends for six months. Individuals with serious criminal records are generally ineligible for TPS.