AP Photo/Lynne SladkyThe Supreme Court sided with the Trump administration, effectively ending legal protections for 350,000 Haitians and more than 6,000 Syrians. Here are the latest updates.
The Supreme Court on Thursday ruled in favor of the Trump administration to end Temporary Protected status for about 350,000 immigrants from Haiti and more than 6,000 from Syria. By a vote of 6-3, the Supreme Court will allow the Trump administration to begin deporting TPS holders from Haiti and Syria. TPS is a humanitarian protection that allows them to live and work legally in the U.S.
Legal protections for TPS holders have been in limbo under the Trump administration, as it moves to end protections for some nationalities while extending or reconsidering others.
The Trump administration has made several attempts to terminate TPS for certain nationalities as part of its larger push for a crackdown on immigration. The administration argues that the status is temporary and that conditions in some countries have improved, making TPS no longer necessary for immigrants from those countries.
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Borderless breaks down what the program entails, the latest updates to the program and the options TPS holders have.
What is TPS?
The Immigration Act of 1990 created the TPS program to offer temporary benefits to immigrants from certain countries experiencing extraordinary conditions that prevent a safe return or strain the country’s ability to receive nationals. This includes ongoing armed conflict or environmental disasters.
TPS is humanitarian relief to immigrants from certain countries designated by the Secretary of Homeland Security. Designations to countries can be six to 18 months at a time and may be extended.
The program allows TPS holders to obtain work authorization and legally protects them from deportation. However, reports say under President Donald Trump, federal immigration enforcement officers have detained TPS holders across the country.
TPS does not automatically lead to lawful permanent resident status or any other immigration status, but TPS beneficiaries may apply for asylum or pursue other immigration status to stay in the country legally and have work authorization.
According to U.S. Citizenship and Immigration Services, TPS holders may apply for travel authorization.
Who is eligible for TPS?
To qualify for TPS, applicants must:
- Be a national of a designated country (or a stateless person who last resided there)
- File during the open registration period or meet late-filing requirements
- Have maintained continuous physical presence and residence in the U.S. since their country’s most recent designation date
The secretary of homeland security has discretion to also extend or terminate TPS for immigrants from certain countries “after consultation with appropriate U.S. Government agencies,” according to federal law.
TPS is automatically extended for a designated country if the Secretary of Homeland Security does not decide whether it remains eligible for TPS at least two months before the country’s deadline. In the announcement, the Department of Homeland Security said that former Secretary Kristi Noem and Secretary Markwayne Mullin were unable to make the decision by the deadline due to ongoing events in Lebanon that required a new review of conditions in the country.
How has TPS historically been used?
The TPS policy has shifted between administrations and country designations have changed depending on who is in office. The Biden administration expanded protections by adding more nationalities to the program, while the Trump administration sought to narrow its reach during both of his terms by terminating designations or declining to renew existing ones.
Colleen Putzel-Kavanaugh, an associate policy analyst at the Migration Policy Institute, told Borderless in January that immigrants from certain countries have experienced these changes directly with their status granted and revoked from one administration to another.
Trump terminated TPS designations for several countries during his first term, including El Salvador, Nicaragua and Sudan. Then Biden rescinded several of those Trump-era terminations while in office and designated new countries for TPS.
Putzel-Kavanaugh says the shifts reflect a contrast in priorities between administrations on immigration policy, with Biden emphasizing humanitarian relief and Trump focusing on tighter enforcement and limiting immigration.
Where do TPS designations currently stand?
The Trump administration’s several attempts to terminate TPS designations have been challenged in court, but some terminations were still successful. The Supreme Court’s decision on TPS for Haitians and Syrians will take effect in 32 days, according to the International Refugee Assistance Project.
Meanwhile, some court orders led to a pause on DHS’s plans to cancel TPS for certain immigrants. In January, a U.S. Northern District of Illinois judge issued an order also deferring the Secretary’s TPS termination of Myanmar. The following month, an order from the Ninth Circuit Court permitted DHS to proceed with terminations of TPS for Nicaragua, Honduras and Nepal.
The TPS designation for Lebanon, on the other hand, has been automatically extended, with its designation now set to end on Nov. 27, 2026.
Several TPS terminations are currently blocked by court orders while legal challenges continue.
Here is the standing for each designation:
- Afghanistan – designation ended on July 14, 2025.
- Cameroon – designation ended on Aug. 4, 2025.
- Ethiopia – designation expires on Feb. 13, 2026, but remains active pending litigation.
- El Salvador – designation ends on Sept. 9, 2026.
- Haiti – designation ended on Feb. 3, 2026, and was affirmed by the Supreme Court ruling on June 25, 2026.
- Honduras – designation ended on Sept. 8, 2025, but termination was on hold due to ongoing litigation until Feb. 9, 2026.
- Lebanon – designation ends on Nov. 27, 2026.
- Myanmar/Burma – designation ended on Jan. 26, 2026, but remains active pending litigation.
- Nepal – designation ended on Aug. 20, 2025, but termination was on hold due to ongoing litigation until Feb. 9, 2026.
- Nicaragua – designation ended on Sept. 8, 2025, but it was reinstated on Dec. 31 due to ongoing litigation until Feb. 9, 2026.
- Somalia – designation ended on March 17, 2026, but remains active pending litigation.
- South Sudan – designation ended on Jan. 5, 2026, but remains active pending litigation.
- Sudan – designation ends on Oct. 19, 2026.
- Syria – designation ended on Nov. 21, 2025, but termination was on hold due to ongoing litigation until June 25, 2026.
- Venezuela – 2023 TPS designation ended on May 19, 2025, and the 2021 TPS designation ended on Nov. 7, 2025, but some TPS holders may still have work authorization until Oct. 2, 2026.
- Ukraine – TPS designation ends on Oct. 19, 2026.
- Yemen – TPS designation ended on May 4, 2026, but termination was on hold due to ongoing litigation until Feb. 9, 2026.
What options do immigrants with expiring TPS have now?
To maintain TPS, beneficiaries must re-register during their country’s re-registration period on the USCIS website. The federal agency recommends filing as early as possible.
If an immigrant loses their TPS, alternate options — like seeking asylum — for pursuing protection from deportation and a work permit will depend on many factors, including their home country. TPS holders may consult with an immigration attorney if they have concerns or questions about their status.
According to USCIS, applying for or receiving TPS doesn’t affect an asylum application or other immigration benefits, and vice versa, though a person must still meet separate eligibility requirements for each.
Aydali Campa is a Report for America corps member and covers environmental justice and immigrant communities for Borderless Magazine. Email Aydali at [email protected].
