On June 25, 2026, the U.S. Supreme Court issued a decision holding that the federal government is entitled to end Temporary Protected Status (“TPS”) for nationals of Haiti and Syria and courts cannot challenge that decision.
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. In addition, TPS may be granted to eligible nationals of certain countries, who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
After reviewing country conditions and consulting with the appropriate U.S. government agencies, Homeland Security determined that Haiti no longer met the conditions for its designation for TPS. Haiti’s TPS designation and related benefits were slated to terminate on February 3, 2026. However, on February 2, 2026, a judge in the U.S. District Court for the District of Columbia issued an order staying the Secretary’s TPS termination decision. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).
Further, after reviewing country conditions and consulting with the appropriate U.S. government agencies, Homeland Security determined that Syria no longer meets the conditions for its designation for TPS. Syria’s TPS designation and related benefits were slated to terminate on Nov. 21, 2025, but on Nov. 19, 2025, a judge in the Southern District of New York issued an order staying the Syria TPS termination. Dahlia Doe v. Noem, 25-cv-8686 (S.D.N.Y.).
The Supreme Court recently heard these cases and concluded that the TPS statute bars judicial review of decisions to terminate TPS designations. The ruling allows the government to terminate TPS and limits the ability of federal courts to challenge or overturn those decisions.
As a result of the decision, Haitian and Syrian nationals who were previously allowed to live and work legally in the U.S. based on their TPS, will now lose their work authorization and may be subject to removal from U.S. The ruling may affect other TPS designations of more countries moving forward.
Employers who have employees that are working in the U.S. subject to TPS designations should be aware of the recent ruling. Should you have any questions, please contact Ali Law Group.
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