By Darius Amiri, Rose Law Group Partner & Chair of the Immigration Department
On June 25, 2026, the U.S. Supreme Court issued a significant decision allowing the Department of Homeland Security (DHS) to terminate TPS protections for Haitian and Syrian nationals residing in the United States. This case arose after lower federal courts had temporarily blocked DHS from ending TPS for nationals from these countries. However, the Supreme Court, in a 6-3 decision coming down on ideological lines, concluded that the lower courts should not have prevented DHS from implementing its termination decisions. The Court emphasized that Congress granted the Executive Branch broad authority over TPS designations and that decisions to terminate TPS are generally not subject to judicial review. Although underlying lawsuits remain pending, the Supreme Court’s decision allows DHS to move forward with ending TPS while those cases continue.
What is TPS?
Temporary Protected Status (TPS) is a humanitarian immigration benefit created by Congress in 1990. It allows eligible nationals of designated countries to remain inside the United States and work legally when conditions in their home country make it unsafe to return. The Secretary of Homeland Security may designate a country for TPS when extraordinary conditions exist, such as an armed conflict, natural disaster, humanitarian emergency, or other extraordinary and temporary conditions that prevent foreign nationals from safely returning home.
Individuals granted TPS receive protection from deportation during the designated period and may obtain employment authorization. However, TPS is exactly what its name suggests—it is temporary. It does not, by itself, provide a pathway to lawful permanent residence or U.S. citizenship. TPS beneficiaries must independently qualify for another immigration benefit if they wish to remain in the United States permanently.
Who is Affected and What Happens Next?
The recent Supreme Court ruling directly affects more than 350,000 Haitian TPS beneficiaries and approximately 6,000 Syrian TPS beneficiaries. Unless these individuals are able to obtain another lawful immigration status or receive additional immigration relief, many will lose their work authorization and their temporary protection from removal, making them vulnerable to deportation from the United States. The exact timeline of when DHS may try to implement removal of those effected will depend on how the Department interprets and implements this recent decision and any future lower court rulings moving forward.
What Should TPS Holders Do Now?
The Supreme Court’s decision is an important reminder that TPS is a temporary humanitarian protection—not a permanent immigration status. While the Court’s ruling allows DHS to move forward with terminating TPS for Haitian and Syrian nationals, additional litigation and administrative developments may continue in the coming months.
Individuals currently relying on Haitian or Syrian TPS should not assume that their immigration options have ended. Depending on their circumstances, they may qualify for other forms of humanitarian, employment based, or family-based immigration relief. Because every case is unique, TPS beneficiaries should seek legal advice as soon as possible to evaluate their options before any loss of status or work authorization occurs.
