Supreme Court Rules on Temporary Protected Status for Syrians, Haitians

The Supreme Court on Thursday sided with the Trump administration in its removal of temporary protected status for Syrian and Haitian immigrants, denying immigrants’ claims that they are entitled to court orders postponing the removal of protections during litigation. The ruling likely opens them up to deportation proceedings.

The case concerned a Department of Homeland Security policy terminating Temporary Protected Status, or TPS, for Syrian and Haitian immigrants. The court specifically considered whether aliens admitted under the TPS program are entitled to orders postponing the removal of protected status during the course of litigation. The court ruled that they are not entitled to such orders. 

The court ruled, 6-3, that the Temporary Protected Status statute bars judicial review of the claims in question.

The court’s majority split on one aspect of the ruling. Justice Samuel Alito, an appointee of President George H. W. Bush, delivered the majority opinion, except Part III-A. Chief Justice John Roberts and Justices Clarence Thomas and Brett Kavanaugh joined the opinion in full, while Justices Neil Gorsuch and Amy Coney Barrett joined the opinion except Part III-A. Justice Elena Kagan wrote a dissent, in which Justices Sonia Sotomayor and Ketanji Brown Jackson joined.

A majority of justices seemed favorable to the Trump administration during oral arguments.

After President Donald Trump’s second term began, the Department of Homeland Security ended the status for 13 countries. The high court weighed whether Trump can legally end the temporary protections, opening recipients up to deportation proceedings.

Advocates for the Syrian and Haitian immigrants say they were fleeing war, rampant crime, and natural disasters and could face those problems if they return.

The law requires consultation between the two departments, which occurred in this case. But plaintiffs contend it was not specific enough.