Supreme Court reviews Haiti and Syria TPS terminations
Rule ChangesAfter a 6-3 Supreme Court ruling, Haiti's TPS holders await a D.C. Circuit decision by July 27; the Senate killed their last legislative lifeline
July 24th, 2026: Syria TPS work authorization expiresNew here? Follow stories to track developments over time. Create a free account to get updates when stories you care about change.
Overview
On June 25, 2026, the Supreme Court ruled 6-3 in Mullin v. Doe that courts cannot review non-constitutional challenges to TPS terminations. Justice Alito wrote the majority opinion; the three liberal justices dissented.
Haiti's 350,000 TPS holders have protection through at least July 27, after the D.C. Circuit paused termination while the case returns to the lower court. But the Senate killed a legislative backup that same week — Republican Sen. Eric Schmitt blocked a bill the House had already passed 224-204. Syria's work authorization expired July 24 with no comparable court order in place.
Why it matters
Courts can no longer block TPS terminations on procedural grounds, putting more than a million long-term residents from 17 countries at immediate risk of deportation.
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People Involved
Organizations Involved
The cabinet department whose Secretary holds statutory authority to designate and terminate TPS country listings.
The nation's highest court, which granted certiorari before judgment to fast-track the TPS cases.
Lead organizational counsel for the Syrian TPS holders in Mullin v. Doe.
Timeline
November 1990 July 2026
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Syria TPS work authorization expires
Latest AdministrativeEmployment authorization documents for Syrian TPS holders expire per USCIS guidance issued July 17. No court order extends protections further.
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Senate blocks Haiti TPS extension bill
LegislativeRepublican Sen. Eric Schmitt of Missouri objected to unanimous consent passage of a Markey-Blunt Rochester bill to extend Haiti TPS, blocking the Senate's last quick path to a legislative fix.
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USCIS sets July 24 as Syria EAD expiration date
AdministrativeUSCIS issued guidance extending Syrian TPS employment authorization documents to July 24, 2026, giving employers a final deadline to update I-9 records.
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Senate bill introduced to extend Haiti TPS
LegislativeSenators Edward Markey (D-MA) and Lisa Blunt Rochester (D-DE), joined by Minority Leader Schumer, introduced legislation to preserve Haiti's TPS designation following the Supreme Court ruling.
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Supreme Court hears oral arguments
LegalThe justices hear 80 minutes of argument in Mullin v. Doe and Trump v. Miot. The administration argues the terminations are unreviewable; challengers argue Noem ignored statutory procedure and acted on discriminatory grounds.
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House passes bipartisan Haiti TPS extension 224-204
LegislativeA bipartisan House majority voted to extend Haiti TPS by statute before the Supreme Court ruled. The bill moved to the Senate, where it stalled.
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Supreme Court fast-tracks both cases
LegalThe Court defers the stay request but grants certiorari before judgment, consolidating the Syria and Haiti cases and scheduling oral argument for the final day of the April session.
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Solicitor General petitions Supreme Court
LegalSolicitor General D. John Sauer files an application for stay and a request for certiorari before judgment, asking the justices to bypass the appeals court and rule directly.
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Federal judge blocks Haiti TPS termination
LegalU.S. District Judge Ana Reyes in Washington stays the termination one day before it would take effect, finding plaintiffs substantially likely to prove discrimination against nonwhite immigrants.
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Haitian plaintiffs sue in D.C. federal court
LegalFive Haitian TPS holders file the class action that becomes Trump v. Miot, alleging the termination was procedurally invalid and motivated by racial animus.
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Noem terminates Haiti TPS
Executive ActionDHS announces Haiti's TPS designation will end February 3, 2026, citing both the absence of extraordinary conditions in Haiti and a determination that continued protection is contrary to the national interest.
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Federal judge blocks Syria TPS termination
LegalU.S. District Judge Katherine Polk Failla in New York issues a preliminary injunction halting the Syria termination two days before it would take effect, finding plaintiffs likely to succeed on Administrative Procedure Act claims.
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Supreme Court allows Venezuela TPS termination
LegalIn an unsigned shadow-docket order, the Court grants the government's request to lift a district court injunction, clearing the way for DHS to strip TPS from roughly 600,000 Venezuelans.
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Noem terminates Syria TPS
Executive ActionDHS Secretary Kristi Noem announces Syria's TPS designation will end November 21, citing Syria's purported move toward stable institutional governance after Assad's December 2024 fall.
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Syria designated for TPS amid civil war
DesignationDHS designates Syria for TPS as Bashar al-Assad's crackdown escalates into full civil war. The designation is repeatedly extended over the following 13 years.
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Haiti designated for TPS after earthquake
DesignationDHS designates Haiti for TPS following the January 12 earthquake that killed an estimated 200,000 people. The designation has been extended every 18 months for 16 years.
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Congress creates Temporary Protected Status
LegislationPresident George H.W. Bush signs the Immigration Act of 1990, establishing TPS as a humanitarian protection from deportation for nationals of countries facing armed conflict, disaster, or other extraordinary conditions.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
Ramos v. Nielsen (2018-2023)
During the first Trump administration, DHS moved to terminate TPS for El Salvador, Haiti, Nicaragua, and Sudan, affecting more than 300,000 people. Nine TPS holders and five U.S.-citizen children sued. A federal judge in San Francisco issued a preliminary injunction; a divided Ninth Circuit panel reversed in 2020, holding the terminations were unreviewable.
TPS holders kept protections under the injunction throughout the first Trump term. The Biden administration redesignated the affected countries in 2021-2022, mooting much of the litigation.
The en banc Ninth Circuit vacated the panel opinion in February 2023, leaving the reviewability question unresolved at the appellate level — the same question now squarely before the Supreme Court.
Ramos is the direct predecessor litigation. The Trump administration's brief leans on the vacated Ninth Circuit panel reasoning, while challengers argue the en banc vacatur means that reasoning carries no weight.
Department of Homeland Security v. Regents of UC (2020)
The Supreme Court ruled 5-4 that the first Trump administration's rescission of the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedure Act because DHS had failed to adequately consider reliance interests. Chief Justice Roberts wrote the opinion.
DACA was reinstated, protecting roughly 700,000 recipients from deportation. The administration's challenge to the program was sent back to the agency for further proceedings.
The case established that immigration policy reversals — even discretionary ones — are reviewable under the APA when challenged on procedural grounds, a precedent the TPS challengers rely on heavily.
Regents is the strongest precedent for the challengers' procedural argument. The administration's position is that TPS, unlike DACA, comes with an explicit statutory review bar that Regents did not address.
Noem v. National TPS Alliance (October 2025)
Six months before the Haiti and Syria arguments, the Supreme Court issued a brief unsigned order on its emergency docket allowing the administration to terminate TPS for roughly 600,000 Venezuelans, lifting a district court injunction. The Court provided no reasoning.
Venezuelan TPS holders lost work authorization and deportation protection effective immediately, with no merits ruling and no opportunity for full briefing.
The order signaled that a majority of the Court is skeptical of injunctions blocking TPS terminations — but because it was a shadow-docket stay, it set no formal precedent on the underlying legal questions now being argued in Mullin and Miot.
The Venezuela order is why the Haiti and Syria cases matter beyond their named beneficiaries: this is the Court's first chance to write a reasoned opinion on whether and how courts can review TPS terminations.
