The United States Supreme Court handed the Trump administration two sweeping victories on immigration on Thursday, ruling 6-3 to allow the termination of legal protections for hundreds of thousands of Haitian and Syrian migrants, and separately clearing the way for authorities to turn back asylum seekers at the US-Mexico border before they can set foot on American soil.
The first ruling permits the Department of Homeland Security to end Temporary Protected Status (TPS), a bipartisan programme created by Congress in 1990 that grants legal residency and work authorisation to nationals of countries deemed too dangerous or unstable for return. Currently protecting around 1.3 million people from 17 countries, TPS has shielded approximately 350,000 Haitians and 6,100 Syrians from deportation. Writing for the six-justice conservative majority, Justice Samuel Alito held that federal law bars courts from reviewing executive decisions on TPS designations, stating that the statutory text was "clear" and its meaning "very broad." The three liberal justices dissented; Justice Elena Kagan cited extensively the disparaging remarks Trump has previously made about Haitian migrants. The court also rejected arguments that the decision amounted to unconstitutional racial discrimination. Advocates for the plaintiffs were devastated. "This decision will cause the deaths of innocent people — from violence, disease and starvation," said attorney Andrew Tauber, who argued the case. "It is not only a tragic day for Haitian TPS holders but for everyone who believes immigrants are among America's greatest assets."
The second ruling, also 6-3 along ideological lines, allows the revival of a policy — first used in 2016 — under which immigration authorities physically prevent asylum seekers from crossing the border, limiting how many people can present themselves for asylum each day. Under US federal law, individuals who reach American soil have the right to request asylum and protection from persecution; the so-called "turnback policy" effectively suspends that right at the threshold. White House adviser Stephen Miller declared after the rulings that "America's doors are closed fully to asylum seekers," and the Department of Homeland Security's general counsel called the TPS decision "a victory for the rule of law."
Critics, including New York Attorney General Letitia James, called the TPS ruling "a betrayal of our values." New York Representative Mike Lawler noted that the US State Department itself currently warns against travel to both Haiti — where armed gangs control large swathes of territory — and Syria, citing widespread violence, terrorism and kidnapping. Democratic House Minority Leader Hakeem Jeffries called on the Senate to pass bipartisan legislation to restore TPS protections for Haitians. The Trump administration has already moved to terminate TPS for nationals of 13 of the 17 countries that held the designation when President Biden left office, and has separately suspended refugee resettlement and drastically slowed asylum processing.
The decisions signal the Supreme Court's conservative majority is broadly deferential to executive authority on immigration policy, a posture that could have far-reaching consequences as the administration presses further measures. The immediate impact on TPS holders will depend partly on whether individuals already have deportation orders pending — many do not, which may allow some legal challenges to removal. Congress remains the only avenue to restore TPS by statute, though legal advocates say prospects for legislation are slim given the current political climate.