Tipsheet

Supreme Court Delivers Massive Victory for Trump's Immigration Agenda

The Supreme Court ruled on Thursday in favor of the Trump administration’s decision to end Temporary Protected Status (TPS) for immigrants from Syria and Haiti.

In a six to three decision, the justices found that the TPS statute bars judicial review of non-constitutional claims and that the plaintiffs equal protection challenge to the White House’s decision is unlikely to succeed on its merits.

After the Department of Homeland Security (DHS) moved to terminate TPS for people from Syria and Haiti, it was hit with a deluge of lawsuits challenging the move.

Congress created TPS in 1990 to grant short-term humanitarian relief to foreigners who cannot safely return home due to armed conflict, natural disasters, or other extreme conditions. Syrians were able to take advantage of the program in 2012 because of the brutality of the Assad regime. Haiti received it in 2010 after a devastating earthquake.

However, both designations went on for longer than the “temporary” label suggested. Some TPS programs have continued for decades. Back in September, then-DHS Secretary Kristi Noem determined that conditions in those countries have improved enough to end TPS programs.

Syrian and Haitian nationals sued in federal court to challenge Noem’s determination. They argued that the terminations violated the Administrative Procedure Act and that the decision was made based on race, which means it violated equal protection laws.

Lower courts blocked the terminations as the cases proceeded. The government requested that the Supreme Court weigh in before it went through the appeals process.

The Supreme Court noted that the law places a limit on court power related to decisions like terminating TPS programs. It noted that there is “no judicial review of any determination of the [Secretary of Homeland Security] with respect to the designation, or termination or extension of a designation, of a foreign state.”

The Court further held that the equal protection claim in the Haiti case is unlikely to succeed because the government gave race-neutral reasons for terminating the program.

“Ironically, respondents themselves offer a race-neutral explanation for the Government's action: namely, that the current administration, which has terminated every TPS designation that has come up for renewal, simply opposes the TPS program as it has been implemented in the past,” the Court’s opinion read.