Supreme Court Ends TPS for Haiti and Syria: What to Do Now
In a 6-to-3 decision, the U.S. Supreme Court just ended deportation protections for roughly 350,000 Haitians and more than 6,000 Syrians living in the United States. The ruling says courts cannot stop a president from ending Temporary Protected Status — even when people have lived here legally for decades. For hundreds of thousands of families, the clock may now be running out.
The U.S. Supreme Court ruled 6-to-3 on Thursday to end Temporary Protected Status (TPS) — a program that lets people from dangerous countries live and work legally in the U.S. — for Haitian and Syrian immigrants. The decision, written by Justice Samuel Alito, says courts cannot question a president's choice to end TPS programs. About 350,000 Haitians and more than 6,000 Syrians living in the U.S. are directly affected. The ruling also weakens protections for 1.3 million other TPS holders from countries across the world.
What the ruling means for TPS holders
TPS was created by Congress in 1990 to protect people already in the U.S. from countries hit by war, natural disasters, or other crises. It was never a path to a green card or citizenship, but it allowed people to live and work legally for years — sometimes decades. Many TPS holders own businesses, have U.S.-born children, and pay taxes. Michelle Bonhomme, a Haitian clothing designer and home health aide in Brooklyn who came to the U.S. in 2021, said she is "terrified about what comes next." If she loses her work permit (called an EAD, or Employment Authorization Document), she may no longer be able to care for the patient she has worked with for three years.
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Justice Elena Kagan wrote a sharp 14-page dissent, arguing that the court ignored evidence of racial bias in the administration's decision and dismissed the real danger that deported immigrants would face. The U.S. State Department currently lists both Haiti and Syria as too dangerous for American travelers. Advocacy groups say TPS holders contribute about $29 billion each year to the U.S. economy. New York City Mayor expressed solidarity with the Haitian community, calling the situation "unacceptable." In a separate ruling the same day, the Supreme Court also allowed the administration to physically block asylum seekers at the U.S.-Mexico border.
What to do if you have TPS
- Know your rights now. Immigration lawyers say TPS holders should immediately learn what legal protections still apply to them. Do not wait for a notice in the mail.
- Talk to an immigration lawyer or nonprofit organization. Ask about other ways to stay in the U.S. legally — for example, through a family petition (Form I-130), a work visa, or applying for a green card (Form I-485, the application for a green card from inside the U.S.) if you qualify.
- Make a family preparedness plan. If you have U.S.-born children or other family members, plan ahead for what happens if you are detained or face removal proceedings (the official process to deport someone).
- Contact your elected representatives. Advocacy groups urge TPS holders and their allies to pressure members of Congress to seek legislative relief for those facing deportation.
Related: our step-by-step guide — “Preparing for Your Asylum Interview”.
Fishkin Law Firm, New York
TPS holders should not assume they must leave immediately — the legal situation is still evolving, and some individuals may have separate grounds to remain, such as a pending family petition or an approved I-130. If you have any U.S. citizen or lawful permanent resident relatives, ask an attorney right away whether you can file Form I-485 (the green card application from inside the U.S.) before your status expires. Do not make any decisions about leaving or staying without consulting a licensed immigration attorney first.
Frequently Asked Questions
Does this ruling mean I have to leave the U.S. immediately?
Not necessarily right away. The legal situation is still developing, and courts may still be involved in related cases. However, you should speak with an immigration lawyer as soon as possible to understand your specific situation and any deadlines that apply to you.
Can I still apply for a green card if my TPS is ending?
It depends on your individual situation. Some TPS holders may qualify for a green card through a U.S. citizen spouse, parent, or child, or through an employer. An immigration lawyer can review whether you are eligible to file Form I-485 (the application for a green card from inside the U.S.).
What happens to my work permit (EAD) now?
Your work permit is tied to your TPS. If TPS ends for your country, your EAD may no longer be valid. Check the expiration date on your card and talk to a lawyer about whether you can get a new EAD through a different immigration status.
Does this ruling affect TPS holders from other countries, not just Haiti and Syria?
Yes. The ruling sets a legal standard that makes it harder for courts to block the government from ending TPS for any country. About 1.3 million TPS holders from other nations could also be affected if the administration moves to end their protections in the future.