United States: Supreme Court Allows Termination of TPS for Haiti and Syria to Proceed
June 25, 2026
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At a glance
- The Supreme Court held that federal courts are not permitted to review Temporary Protected Status (TPS) determinations by the Department of Homeland Security (DHS) on non-constitutional grounds, overturning two lower court orders that had paused the agency’s plans to terminate TPS for Haiti and Syria.
- The decision means that DHS can proceed with termination of TPS designations for the two countries and end employment authorization and deportation protections for beneficiaries. DHS is shortly expected to issue guidance for affected beneficiaries and their employers.
The issue
The Supreme Court has overturned two district court orders that temporarily prevented the Department of Homeland Security (DHS) from ending Temporary Protected Status (TPS) for Haiti and Syria and has allowed DHS to proceed with its planned terminations of TPS for those countries. In a 6-3 decision, 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. The Court also held that a claim that the termination of TPS for Haiti was racially biased in violation of the Equal Protection Clause of the Constitution was unlikely to succeed.
The decision means that DHS can proceed with termination of TPS designations for the two countries and end beneficiaries’ employment authorization and protection from removal. The challenge to the TPS termination for Haiti may continue in lower court on the constitutional claims brought by the plaintiffs in that case.
Background
Late last year, then-DHS Secretary Kristi Noem announced that she would terminate TPS for Haiti and Syria. Legal challenges to the terminations were filed; two district courts postponed the terminations and allowed grantees to retain TPS benefits while litigation continued. After federal appeals courts upheld the lower court orders, the Administration sought Supreme Court review and requested emergency stays of the lower court orders. The Court deferred the emergency requests but took up the government’s request for review of the stays. While the Court deliberated, Haitian and Syrian TPS beneficiaries retained employment authorization and protection from deportation.
What this means for employers and foreign nationals
DHS is expected to issue guidance for affected TPS beneficiaries and their employers in the coming days. In its most recent instructions to employers, issued in March of this year, DHS designated July 1, 2026 as the expiration date of employment authorization for Haitian and Syrian TPS beneficiaries for purposes of completing employment eligibility verifications and reverifications on Form I-9 and through E-Verify.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
