The U.S. Supreme Court will hear oral arguments Wednesday on whether the Trump administration can end Temporary Protected Status, or TPS, for immigrants from Haiti and Syria, a case that legal advocates and immigration lawyers said could affect the program more broadly.
The cases, Mullin v. Dahlia Doe and Trump v. Miot, concern Haitian and Syrian nationals. The administration’s broader effort to reduce TPS protections began last year, when the court issued two orders affecting about 350,000 Venezuelans.
TPS, created by Congress in 1990 and moved to the Department of Homeland Security in 2002, allows people from countries facing armed conflict, natural disasters, or other crises to live and work legally in the United States.
Megan Hauptman, a litigation staff attorney at the International Refugee Assistance Project, say the key issue is whether courts can review TPS terminations. “President [Donald] Trump campaigned on ending TPS and has now terminated every designation that’s come up for renewal, regardless of the actual conditions,” she said. “[He] is now asking to make virtually all TBS decision-making unreviewable by the court system.”
Rosanna Berardi, managing partner of Berardi Immigration Law, said the court also appeared poised to weigh executive authority, whether the Department of Homeland Security followed required procedures, and whether TPS decisions are insulated from review as foreign policy or national security matters. “This case sits at the intersection of immigration, foreign policy and executive authority,” Berardi said.
Opponents of repeated TPS extensions said the program was intended to be temporary.
When the cases began last year, then-Homeland Security Secretary Kristi Noem cited “stable institutional governance” in Syria and said there were “no extraordinary and temporary conditions in Haiti that prevent Haitian nationals…from returning in safety.” Hauptman disputed that assessment, citing State Department travel advisories warning against travel to both countries.
The court will hear the dispute after the House voted 224-204 on April 16 to pass H.R. 1689, introduced by Reps. Ayanna Pressley, D-Mass., and Laura Gillen, D-N.Y., to extend TPS for Haitians through 2029. The bill faces long odds in the Republican-controlled Senate, and the White House has issued a veto threat.