US Supreme Court Shields TPS Decisions From Review in 6-3 Ruling, Jeopardizing 1.3 Million Immigrants
Updated
Updated · The Guardian · Jul 7
US Supreme Court Shields TPS Decisions From Review in 6-3 Ruling, Jeopardizing 1.3 Million Immigrants
3 articles · Updated · The Guardian · Jul 7
Summary
A 6-3 Supreme Court ruling said Homeland Security’s decisions to grant, extend or end Temporary Protected Status are generally beyond judicial review, with only narrow constitutional claims left open.
More than 300,000 Haitians and several thousand Syrians in the case are now expected to lose TPS and work permits once the ruling takes effect, even before the underlying litigation ends.
Justice Elena Kagan warned the decision lets a homeland security secretary terminate protections without meaningfully assessing country conditions, while the majority said the Haitians’ racial-bias claim was unlikely to succeed.
The precedent reaches far beyond this case: about 1.3 million TPS holders could face easier termination of protections as the Trump administration moves to unwind designations already blocked for five nationalities.
State Department advisories still label Haiti and Syria “do not travel,” underscoring the clash between the court-backed policy shift and official US warnings about gang violence, kidnapping, terrorism and armed conflict.