Supreme Court Signals Support for Ending TPS for Haitian and Syrian Migrants

The Supreme Court appeared ready on Wednesday to back President Donald Trump’s effort to terminate Temporary Protected Status (TPS) for hundreds of thousands of foreign nationals. The conservative majority focused primarily on whether federal courts have the legal authority to review the administration's broad discretion in designating—or ending—protections for those fleeing war or natural disasters.

TPS is a program that allows the executive branch to designate specific countries facing strife, permitting migrants from those regions to live and work in the United States legally. While the program was intended to be temporary, many beneficiaries have lived in the U.S. for years. As part of a larger crackdown on both legal and illegal immigration, the Trump administration has moved to end designations for all 13 countries whose status was up for renewal.

During oral arguments, the court’s conservative wing largely sidestepped questions of whether the administration violated the equal protection clause or federal law. Instead, they focused on the statutory language that grants the administration "broad discretion" in these matters. Justice Amy Coney Barrett and several of her colleagues questioned whether any part of the decision-making process was subject to judicial oversight at all.

Attorneys representing Syrian and Haitian TPS beneficiaries argued that while the final decision might be discretionary, the process used to reach that decision should be reviewable. They alleged that the termination was driven by "racial animus" rather than changed conditions on the ground. Ahilan Arulanantham, arguing for the migrants, stated that people should be able to have "faith in government" to conduct lawful and thorough reviews.

Justice Brett Kavanaugh pointed out that conditions in countries like Syria have shifted significantly since their original designations, suggesting a justification for the administration's move. A final ruling in the case is expected by the end of June.

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