Supreme Court Puts 350,000 TPS Holders at Deportation Risk
In a single day, the US Supreme Court issued two rulings that shook the lives of more than 350,000 immigrants living legally in the United States. Haitians and Syrians with Temporary Protected Status — people who had permission to live and work here — are now at risk of deportation. At the same time, the court gave border officials the power to turn away asylum seekers before they even set foot on US soil.
What the Supreme Court decided on TPS
The Supreme Court ruled 6-3 to allow the Trump administration to end Temporary Protected Status (TPS) for hundreds of thousands of Haitians and Syrians. TPS is a program that lets immigrants from dangerous or unstable countries live and work in the US without fear of deportation. The Department of Homeland Security (DHS) grants TPS when it decides a country is too unsafe for people to return to. Right now, the US State Department warns Americans not to travel to Haiti or Syria because of violence — yet TPS holders from those countries can now be deported there.
Analysts warn this ruling could open the door to ending TPS for all 1.3 million holders across every country in the program. "The Supreme Court has opened the door to the president's broader effort to dismantle TPS for all 1.3 million holders," said Insha Rahman, president of the Vera Institute of Justice. The court already allowed the Trump administration to strip TPS from more than 300,000 Venezuelans last year. TPS holders contribute about $29 billion every year to the US economy, according to a report from earlier this year. Attorneys who represented Haitian TPS holders before the court called the ruling a direct threat to lives: "This decision will endanger Haitian TPS holders who fled their homeland in pursuit of safety," said attorneys Geoff Pipoly and Andy Tauber.
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What the Court decided on asylum seekers at the border
In a second 6-3 ruling, the Supreme Court said US border officials can physically and indefinitely block people from requesting asylum if those people have not yet crossed onto US soil. This means officials can turn migrants away at the border — even if those migrants are trying to apply for asylum legally at an official entry point. Immigrant rights groups originally sued over this policy, called "metering," back in 2017. The Biden administration ended it, but the current Trump administration asked the court to revive it. "This ruling should sound the alarm for anyone who cares about human rights and the rule of law," said Melissa Crow of the Center for Gender and Refugee Studies. Organizations say the policy left migrants in dangerous conditions in Mexico and, in some cases, amounted to a death sentence for those who could not enter.
What to do if you have TPS or are seeking asylum
- If you have TPS: Do not assume your status is safe. Check whether your country's TPS designation is still active. If you have a pending application for another immigration status — such as a green card — ask an immigration lawyer whether that application protects you from deportation while it is being processed.
- If you are an asylum seeker at the border: Lawyers recommend trying to reach US soil before requesting asylum, as the court ruled officials can turn back people who have not yet entered. Understand that the rules at the border have changed significantly.
- Gather your documents now: Keep copies of all your immigration paperwork — TPS approval notices, work permits (called EAD, or Employment Authorization Documents), and any pending applications. You will need these if you face a deportation hearing in immigration court.
- Consult an immigration lawyer as soon as possible: These rulings are new and the legal situation is changing fast. A lawyer can tell you exactly how the decisions affect your specific case and what options you still have.
What to do, step by step — see our guide “Immigration Court Rulings”.
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TPS holders who have a pending I-485 (the application for a green card from inside the US) or another application may have an argument that they cannot be deported while that case is active — but this is not guaranteed and depends on the specific facts of your case. If you received a Notice to Appear (NTA), the document that starts deportation proceedings in immigration court, you have the right to present your case before a judge and to request more time to find a lawyer. Given how quickly the legal landscape is shifting after these rulings, anyone affected by TPS termination or an asylum denial should consult a licensed immigration attorney before taking any action.
Frequently Asked Questions
I have TPS. Does this ruling mean I will be deported immediately?
Not necessarily right away. The ruling allows the Trump administration to end TPS protections, but deportations usually go through a process that includes notices and, in many cases, a hearing in immigration court. However, your legal protection is now much weaker. You should speak with an immigration lawyer as soon as possible to understand your specific situation.
I have TPS and also a pending green card application. Am I still protected?
Having a pending green card application may offer some protection, but it is not a guarantee. Immigration lawyers say the answer depends on the type of application and how far along it is. Do not assume you are safe — get legal advice quickly.
Can I still apply for asylum at the US-Mexico border?
The Supreme Court ruled that border officials can turn away people who have not yet entered US soil. This makes it much harder to request asylum at the border. If you are already inside the US, different rules may apply. Contact an immigration legal aid organization for guidance on your specific situation.
Which countries are still covered by TPS after this ruling?
The ruling directly affects Haitians and Syrians. However, experts warn it could be used to end TPS for people from other countries too. The Trump administration has already ended TPS for Venezuelans. Check the USCIS website or speak with a lawyer to find out the current status for your country.