WASHINGTON — For years, Jose Palma has advocated for immigrants with Temporary Protected Status who hail from countries deemed too unstable for return.

But as the Trump administration has stripped those humanitarian protections for nearly a million people, the Salvadoran national is uncertain if his own legal status will remain in place next week. 

“I’m going day by day,” Palma, who lives in Texas, told States Newsroom in an interview. 

Within two years under the Trump administration, the bipartisan humanitarian Temporary Protected Status program created by Congress in 1990 and signed into law by former Republican President George H.W. Bush has been nearly obliterated.

Palma first obtained TPS in 2001, along with roughly 170,000 recipients from El Salvador, due to several earthquakes that displaced more than one-sixth of the population and left thousands dead. The United States renewed protections over the years, citing continued displacement and ongoing violence.

But the TPS designation for El Salvador is set to expire Sept. 9, and the Department of Homeland Security has made no indication if protections will be renewed. 

Under DHS policy, an announcement typically is made 60 days in advance of the date of a TPS expiration if a renewal is planned. 

Democratic Rep. Jim McGovern of Massachusetts, who helped write the statute for TPS when he was a congressional staffer, said he’s asked Homeland Security Secretary Markwayne Mullin to renew protections for El Salvador.

“I still haven’t received a response back,” McGovern said during a Thursday press conference at the U.S. Capitol. He was joined by Nebraska GOP Rep. Don Bacon, who said many Salvadoran TPS recipients work and live in his Omaha district. 

DHS did not respond to States Newsroom’s request for comment. 

The Trump administration’s position on the program is that it’s “temporary,” and that country conditions have improved, despite warnings from the State Department to not travel to some of those countries where TPS designation has ended, such as Haiti.

If TPS for El Salvador ends, only 103,000 out of initially 1.3 million recipients from around the globe will have protections: 150 from Lebanon, 1,790 from Sudan and 101,150 from Ukraine.

Supreme Court decision

TPS is granted to nationals who hail from a country experiencing a natural disaster, violence, or other extreme circumstances, allowing them to remain in the U.S. and obtain work permits. 

Some protections can last through six-to-18-month cycles, and each renewal process requires a TPS holder to go through a background check and other vetting.  

Before the second Trump administration, 17 countries were in the program. Only four, including El Salvador, remain as the White House has forged ahead aggressively on its mass deportation campaign. 

The Supreme Court made the move easier after it ruled this summer that decisions from the executive branch to end TPS were not subject to judicial review. The order meant that lower courts that initially blocked the Trump administration from ending the designations had to reverse their decisions.

Now recipients face the end of TPS with just 60 days’ notice.

“It’s one of those things that is kind of cruel, to have families who are stable and have been stable for decades, to have people who have been doing everything the government asked them to do for 25 years, and suddenly, if the decision is to end TPS, provided only 60 days protection before forcing people to go back to a country they haven’t been for decades,” Palma said. 

One of the first countries after TPS was written into law to receive the designation was El Salvador. 

Stripping TPS from Salvadorans would not only harm the U.S. economy, but it would also negatively impact El Salvador’s fragile economy, advocates predict. More than one quarter of El Salvador’s Gross Domestic Product comes from family members sending money back to relatives in their country of origin, known as remittances. 

“El Salvador’s economy has been built thanks to all the remittances,” said Ana María Méndez-Dardón, the director for Central America at the Washington Office on Latin America, or WOLA.  “So if people are returning, that would have a huge impact because the economy depends on the money that people from El Salvador living in the U.S. send to El Salvador.”

The spending also has an impact in the United States. Salvadoran TPS recipients contribute $5.4 billion to the U.S. economy and pay $1.5 billion in federal, state and local taxes, according to the immigration advocacy research group FWD.us. 

About 152,000 TPS recipients from El Salvador are in the workforce, mainly in construction, manufacturing, building and transportation.

Attempts in Congress

TPS does not create a pathway to citizenship and a recipient can only apply for it when the country receives its designation. 

Some TPS recipients can apply for asylum if they qualify, or others could apply to adjust their status to that of a lawful permanent resident, or green-card holder, through a family-based or employer-based petition. 

Congress has made some effort to extend TPS for some recipients. Earlier this year, the House passed a bill to extend TPS for up to 350,000 Haitians on a bipartisan basis, but it’s stalled in the upper chamber. 

Maryland Democratic Sen. Chris Van Hollen attempted to advance a bill in the Senate to create a legal pathway to citizenship for immigrants with TPS, but was blocked by Missouri Republican Sen. Eric Schmitt. 

McGovern said Thursday that there is a bipartisan push to extend protections for TPS recipients. Proof of that was Bacon’s presence at the press conference.

“What good is it to force out folks who’ve been here legally, who are working, who are part of our community?” Bacon said. “It does no one any good.”

Human rights in El Salvador

Many Salvadorian TPS recipients are worried about being forced back to El Salvador, where human rights groups have raised concerns about the authoritarian government of President Nayib Bukele, said WOLA’s Méndez-Dardón.

WOLA is a research and advocacy group that aims to advance human rights in North and South America. It has documented how Bukele’s political party has suspended due process rights and has carried out a mass incarceration of suspected gang members in an effort to reduce crime and murders. 

More than 90,000 Salvadorans have been jailed without due process and hundreds have died in prisons and altogether disappeared, human rights groups have reported.

“So for Salvadorians who might be returned, the risk no longer are the criminal groups or the gangs because many of them fled the country because of the security situation,” Méndez-Dardón said. “But although the gangs are no longer the threat, now the threat is the state.” 

Bukele has met with President Donald Trump several times at the White House and has a years-long working relationship with Secretary of State Marco Rubio, who last year granted El Salvador the highest possible safety rating for travel, a level 1. 

In 2024, the State Department gave El Salvador a level 3 advisory, warning people to reconsider travel because of security and safety concerns.

The Trump administration also last year made a deal with the Salvadoran government to pay up to $6 million to detain hundreds of Venezuelans at a brutal mega-prison. In the high-profile case of Kilmar Abrego Garcia, the Maryland Salvadoran who was mistakenly deported to the mega prison, lawyers documented mental and physical torture he experienced while there. 

“People are basically under a constant fear of being detained by the security forces,” Méndez-Dardón said. 

U.S. citizen children

Palma, who also attended the press conference, said he, along with other Salvadoran TPS recipients, are concerned about El Salvador’s government.

“So crime has gone down, but now abuses to human rights have increased,” he said. “That is concerning, because it’s also the government is becoming more aggressive against opposition, public media.”

Palma questioned if El Salvador would have the infrastructure to accept as many as 200,000 Salvadorans, made up of the TPS recipients and their families. Many have U.S. citizen children. 

Palma, who has four U.S. citizen children, said two of his kids are still in primary school. One is 11 and another is 8 years old. 

“This is their country,” he said of his four children. “They are from here. But if I were to lose the TPS protection and I were to be forced to go back to El Salvador, it’s not just affecting me. It’s affecting the whole family. That’s kind of like the situation that so many people across the country are going through right now.”

Supporting her mom

There are roughly 150,000 U.S. citizen children who have a parent who is a Salvadoran TPS recipient, according to the National TPS alliance. 

Cristel Argueta is one of those children. At 20 years old, she’s a college student at Fairleigh Dickinson University in New Jersey. But on Thursday, she missed four classes relating to her criminology and criminal justice degree to travel to the nation’s capital and advocate for an extension to TPS for El Salvador. 

“I’m missing class to be here, but it’s worth it because it’s for my family,” she said.

Her mother, a TPS holder from El Salvador, came to the U.S. when she was 19, fleeing the civil war that lasted from 1979 until 1992. Her mother was able to get TPS in 2001.

“She has been in this country longer than she has been in El Salvador,” Argueta said. “TPS was started by Salvadorans, and I don’t want to lose my mother.” 

She’s hoping her mother’s TPS is extended until at least Argueta’s 21st birthday, when Argueta will be able to become a sponsor and apply to change her mother’s status to that of a lawful permanent resident. 

“No one should be going through this at any age,” she said. “Seeing the difference in my peers at school who are 20 years old, waiting to turn 21, to get that first legal drink or go party, but I want to turn 21 just to give my mom a legal status. A permanent legal status.”

WASHINGTON — Even before Haitian immigrants in Ohio officially lost their Temporary Protected Status, the Department of Homeland Security required dozens of them to report to immigration appointments and accept ankle monitors, according to their attorneys and local advocates.

The practice of using electronic monitoring appears to only be happening in Springfield, Ohio, according to a half dozen advocates and immigration attorneys representing Haitians. 

Additionally, community leaders and lawyers from other cities with large Haitian immigrant populations such as Boston, Chicago and Miami have not seen the same tactic. One advocate has seen an increased presence of federal immigration agents in Brooklyn, New York, but so far no check-ins. The advocates and lawyers from Springfield said they do not know the exact number of Haitians under electronic monitoring. 

“It’s really just theater,” said Lynn Tramonte, the executive director of the Ohio Immigrant Alliance, an advocacy group. “They’re putting ankle monitors on people to make it look like they’re doing something, but it’s devastating for the people who are getting these placed on their ankle. They’re a constant reminder that you’re not free.”

U.S. Immigration and Customs Enforcement did not respond to a detailed list of questions from States Newsroom regarding the use of ankle monitors. 

The use of ankle monitors for immigrants who have no criminal background and previously held legal status is a departure from standard practice. Typically an ankle monitor is used for immigrants with a criminal record, an order for deportation, or a missed appearance in immigration court. 

Springfield is home to 15,000 Haitian immigrants. The community became a focus of President Donald Trump’s campaign promise to conduct mass deportations in September 2024 when he falsely accused them of eating house pets and vowed to terminate their legal protections in order to deport them. 

The Supreme Court in June cleared the way for the Trump administration to end TPS for up to 350,000 Haitians. The case is now back at a lower court in the District of Columbia, which is litigating whether the government’s decision to end protections for Haitians was based on racial animus. 

Deportation or monitoring

Following the ruling, the DHS sent letters to Haitians in Springfield as early as July 22, said Guerline Jozef, executive director of the Haitian Bridge Alliance. States Newsroom has reviewed a copy of the letter that dozens of Haitians in Springfield received directing them to bring all their immigration documents to an appointment at an ICE office.

Then, on July 31, about 50 Haitians had check-in appointments at the Cincinnati ICE field office. At the appointments, they were pressured to accept $2,600 to self-deport or alternatively to wear an ankle monitor. 

All of them rejected the money, Jozef said. 

“Being deported to Haiti right now is a death sentence,” she said. 

Two days later, on Aug. 2, a dozen Haitians with TPS were summoned to check-ins and left with ankle monitors, said Katie Kersh, the managing attorney for Advocates for Basic Legal Equality, a nonprofit that provides legal representation to immigrants in Ohio.

“The people getting the ankle monitors are the people who are complying … and they’re getting this thing that we connote with criminality, which is an ankle monitor, when they’ve literally gotten that because they followed the orders of the call-in letter,” Kersh said.

The practice could ramp up following Wednesday’s order from a federal judge that lifted a stay in place since February that prevented the Trump administration from ending temporary protections for as many as 350,000 Haitians. 

On the same day the stay was lifted, DHS Secretary Markwayne Mullin said in an interview with NewsNation that the department was “going after (Haitians) right now.”

“We are giving them an opportunity to either leave on their own and we’ll help you, or we’ll arrest you and send you back,” he said. “Either way, you don’t have status inside this country anymore.”

Chaotic rollout

Immigration attorneys and advocates for Haitians in Ohio described to States Newsroom a disorganized scene at the ICE check-in appointments on July 31 and Aug. 2.

Kersh said she witnessed ICE officers taking out brand-new ankle monitors that weren’t charged. 

Instructions were only provided in English and Spanish, when the first language for many Haitians is usually Creole. A translator was nowhere to be found, she added, so she brought one along.

ICE personnel appeared unable to be flexible when issues arose. A Haitian woman who worked a night shift wouldn’t have time to charge the ankle monitor given to her Aug. 2, Kersh said.

An ICE officer told the woman “to just charge it while you’re sleeping,” and the woman, whom Kersh represented, again told the officer that she worked nights, Kersh said. 

Kersh said she tried to find other options for electronic monitoring for her clients, such as a daily facial recognition check-in or a wrist monitor, but said the immigration officials would not deviate.

She said an ICE officer told her that “we are being told from headquarters that we have to ankle monitor them specifically.” 

Permission to travel to court

Another issue is the ankle monitor’s 75-mile radius, Kersh said. 

Ohio’s only immigration court is located in Cleveland, 188 miles from Springfield. So a Haitian with an ankle monitor would first have to get permission from an ICE officer to travel to their court hearing. 

“It just sort of feels like the wheels are off the bus,” she said.

Getting to the appointments was its own hurdle. 

When Haitians received a letter directing them to attend ICE check-ins, many of them had to scramble to find a way to attend because of recently expired driver’s licenses. Ohio legislators passed a law that ties a valid driver’s license to immigration status.

Jozef said the Haitians fitted with ankle monitors last week were told by ICE officers that they would need to return several weeks later and were given no other information on what would happen at future check-ins.

“We are not sure what will happen to the people, but as of right now, the tactic that is being used is to have those call-ins to be able to control the movement of the people, and to be able to target them more easily,” Jozef said.

Longtime Trump goal

Revoking legal status for Haitians to open them up for removal has been a goal of Trump’s since his first administration, but he has ramped up the effort in his second term that began after he made mass deportations a central campaign theme. 

“They really, really, really, really want to target these people,” said Geoffrey Pipoly, the attorney who represented the Haitian TPS holders before the Supreme Court. 

During the first Trump administration, the government tried to end TPS for Haiti with an 18-month wind-down period, but courts blocked the termination. 

“We went from the first Trump administration giving these folks 18 months to get their affairs in order to now, their position is: We’re not even going to give you 32 days from the final judgment of the Supreme Court … as soon as the earliest possible time that we are legally allowed to start deporting people, that’s what we’re going to start doing,” Pipoly said.

After the Supreme Court’s decision in June, lower courts typically have a 32-day deadline to implement the high court’s ruling, meaning that the estimated date for the 6-3 decision regarding Haitians would go into effect July 27. But Haitians were already receiving letters from ICE dated July 22 to report for a check-in. 

16 years of protections

Congress created TPS in the 1990s as a way for nationals who hail from countries deemed too dangerous to return to due to violence, natural disasters or other destabilizing factors, to remain safely in the U.S. The status allows them to remain and work in the United States anywhere from six to 18 months. 

In order to qualify for the program, immigrants must go through a background check and pay application fees each renewal cycle. 

TPS does not provide a pathway to citizenship, but recipients can apply for another immigration status, such as asylum. 

Of the roughly 350,000 Haitians with TPS, about 200,000 of them are in the workforce, according to the immigration advocacy group FWD.us. Of that group, they work in industries like healthcare, retail, agriculture and manufacturing. 

Haiti was first granted TPS in 2010 after a devastating earthquake. In 2021, President Joe Biden extended the protections after the assassination of Haitian President Jovenel Moïse. 

The State Department currently has a “Do Not Travel” advisory for Haiti “due to the risk of crime, kidnapping, terrorism, unrest, and limited health care.”

WASHINGTON — A federal judge lifted a stay Wednesday on the termination of temporary protections for hundreds of thousands of Haitians in order to comply with a U.S. Supreme Court ruling that cleared the way for the Trump administration to remove their legal status and open them up for deportations. 

The order from U.S. District Judge Ana C. Reyes means that between 330,000 to 350,000 Haitians living in the United States have lost their Temporary Protected Status, even while legal arguments on a racial discrimination claim continue. 

Reyes’ order, in U.S. District Court for the District of Columbia, brought the case into compliance with a 6-3 Supreme Court decision that Haitians and Syrians were not entitled to postponements of their status while litigation continues.

The June Supreme Court ruling also said courts could not review the Homeland Security secretary’s decision to end TPS.

As part of President Donald Trump’s mass deportation campaign, the administration has moved to revoke the legal status of millions of immigrants, including those with TPS, which is given to nationals who hail from countries deemed too dangerous to return to. 

The State Department has a “do not travel” advisory for Haiti due to gang violence and kidnappings. 

Work authorization for Haitians expired last week, along with some driver’s licenses for immigrants residing in Ohio and Florida, two states that have passed laws that tie eligibility for a driver’s license to immigration status.

Racial animus

The remaining legal argument is whether the Trump administration’s decision to end TPS for Haiti was based on racial animus, which would violate the U.S. Constitution’s equal protection clause. 

On the campaign trail, then-presidential candidate Trump singled out Haitians living in Springfield, Ohio, claiming that their legal protections were illegitimate and falsely accusing them of eating house pets. 

Conservative Justice Samuel Alito, who wrote the majority decision in June, said that the Haitians’ arguments that their equal protection claim that their protections were terminated on a racial animus were unlikely to prevail in court.

Discovery issues 

The attorney who represented the Haitian TPS holders before the Supreme Court, Geoffrey Pipoly, told States Newsroom this week that he was not expecting Reyes to issue a new stay to halt the ending of protections. 

Pipoly and his team had not yet obtained enough evidence through discovery, a process that can take months, to try and secure another stay, he said. 

Pipoly said the documents produced by the Department of Justice so far were limited and heavily redacted.

“They’re just taking this exceptionally robust view of privilege in a way that I’ve never seen a government defendant exert privileges before,” he said. “What’s behind those redactions is going to influence the scope of our ongoing equal protection claim. But we’re going to have to litigate what’s behind those redactions.”

Reyes in her Wednesday order also denied the administration’s request to issue a stay on the discovery process and ordered both parties to submit a briefing schedule.

WASHINGTON — U.S. Maryland Democratic Sen. Chris Van Hollen Wednesday tried to advance in the Senate a bill that would create a legal pathway for immigrants with Temporary Protected Status.

However, his request for unanimous consent, a way to expedite legislation in the chamber, was blocked by Missouri Republican Eric Schmitt. 

Van Hollen said the bill, S. 2106, is in response to the Supreme Court’s decision last month to allow the Trump administration to continue with its efforts to strip legal status from hundreds of thousands of Haitians and Syrians with TPS. They are bracing to lose their deportation protections this week. 

“That decision puts them and other TPS holders at risk of deportation to countries where violence, instability, and humanitarian crises continue to threaten their lives,” Van Hollen said. 

TPS is a form of legal status given to nationals who hail from countries deemed too dangerous for return, and protections can last anywhere from six to 18 months. Immigrants must be vetted during each renewal cycle to keep their work authorization and deportation protections in place. 

Before the second Trump administration came into office, more than 1 million immigrants hailing from 17 countries had temporary protections. 

“There are already reports that ICE is planning to target Haitian TPS holders for deportation as soon as this week, which would force hundreds of thousands of people to return to a country that our State Department warns is unsafe for travel,” Van Hollen said. 

The State Department advises against any travel to Haiti, citing kidnapping and gang violence. 

“In other words, the Trump administration would force people back to a country where the State Department says, ‘Don’t go there because it’s unsafe,’” Van Hollen said. 

In a United Nations security meeting this month, senior officials gave a briefing on conditions in Haiti, citing that millions of Haitians “remain displaced or food insecure, while women and children bear the brunt of the violence.”

Van Hollen added that the bill is needed because the Trump administration’s actions to end TPS circumvent Congress’ original intent when it created the program in the 1990s. 

“The Supreme Court decision does not have to be the end of the story,” Van Hollen said. “We can write the end of the story, and it’s our responsibility as a Congress to preserve that bipartisan congressional intent from back in 1990, and we must provide that certainty that these individuals deserve.”

GOP objection

Schmitt argued a pathway for citizenship for TPS holders harmed U.S. citizens, such as immigrants holding jobs that he said should go to Americans. 

“There is nothing compassionate about flooding the labor market with more foreign workers while Americans struggle for a decent wage,” Schmitt said.

Many Haitian TPS holders work in the healthcare industry, providing care to thousands of Americans, and contribute $5.9 billion in taxes each year. 

Business leaders have warned about the economic consequences of thousands of workers suddenly pulled out of the labor market. There are roughly 330,000 to 350,000 Haitians with TPS. 

Schmitt added that Americans elected President Donald Trump on the promise of an immigration crackdown, including ending TPS. While on the 2024 presidential campaign trail, Trump vowed to end TPS for Haitians and made false statements that Haitians were eating house pets. 

“There is nothing compassionate about betraying your own citizens,” Schmitt said. “Foreign nationals do not have a right to permanent settlement here. We had an election on this issue.”

 

WASHINGTON — Hundreds of thousands of Haitian immigrants could lose their legal status as early as Tuesday, subjecting them to deportation after the U.S. Supreme Court last month allowed the Trump administration to proceed with terminating their humanitarian protections. 

The incoming loss of Temporary Protected Status for between 330,000 and 350,000 immigrants comes amid the Trump administration’s deportation campaign and continued attacks on TPS recipients who hail from countries deemed too unsafe for return. The State Department highly advises against any visit to Haiti due to kidnappings and violence by gangs. 

The Department of Homeland Security has already urged those who are set to lose their TPS to self-deport. 

“Temporary protected status is exactly that — TEMPORARY,” DHS said in a Monday social media post. “For those with terminated TPS: it’s closing time. You don’t have to go home, but you can’t stay here.”

Several media reports have indicated that U.S. Immigration and Customs Enforcement is planning for aggressive enforcement of Haitian immigrants who lose their legal status, starting with the large population in Springfield, Ohio. 

The state’s Republican governor, Mike DeWine, told CBS News on Monday he was not aware of those plans from DHS, and called any enforcement actions against Haitians a “mistake.”

Lower court stay

The exact timing of the loss of status is complicated by a federal judge in Washington, D.C., who has yet to apply the Supreme Court ruling in the case and lift an earlier stay that bars the administration from ending TPS for Haitians. A decision, potentially issuing another stay while the court hears other arguments, is expected this week. 

The U.S. Department of Justice has proposed a briefing schedule to continue arguments in the District of Columbia trial court, with the last brief due Nov. 6. Attorneys for Haitians with TPS plan to file a brief by Friday laying out their legal arguments in the wake of the high court’s decision.

Federal judges have paused TPS terminations for nationals from Burma, Ethiopia and South Sudan. Before the second Trump administration began last year, there were roughly 1.3 million immigrants on TPS hailing from 17 countries. 

Businesses, families in flux

Immigration advocates and business leaders have criticized the administration’s policy to revoke TPS.

“Most adult TPS holders are active participants in the labor force, working in industries that already face persistent worker shortages,” Rebecca Shi, CEO of American Business Immigration Coalition Action, said in a statement. “Removing these workers doesn’t just upend lives, it weakens industries that are already struggling to meet demand.”

The Haitian Bridge Alliance, which advocates for Haitian TPS holders, said in a statement that the loss of deportation protections will lead to family separation, as many recipients have U.S. citizen children.

“What we could witness will be one of the largest family separation events in modern day history,” the Haitian Bridge Alliance said.

Other avenues closing

Some TPS recipients can apply for another immigration status, such as asylum, though not all can apply or qualify. 

For example, noncitizens with TPS due to a natural disaster are unlikely to meet the criteria for asylum, which includes fear of persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion,” according to federal law. 

Additionally, the Trump administration issued a rule Tuesday that will allow for asylum officers to immediately send asylum seekers to appear before immigration judges without conducting an interview or including key evidence of the applicant’s credibility, leading to a quick denial and deportation. 

The new rule, coupled with the loss of TPS, means that recipients are unlikely to have a strong chance of winning asylum claims. 

High court ruling

Last month, the Supreme Court ruled that courts were barred from reviewing if the decision to end TPS designation made by then-Homeland Security Secretary Kristi Noem followed the proper procedures.

Even though the case was brought by TPS recipients from Haiti and Syria, the decision could also impact other TPS-related challenges to the Trump administration’s efforts to end the designation.

Following the high court’s ruling, attorneys representing TPS recipients in courts across the country are amending their complaints. 

They argue that the termination of TPS status, including work authorization, is a violation of the U.S. Constitution’s 5th Amendment’s Due Process Clause, which says the government cannot deprive a person of their “life, liberty or property” without following certain procedures. 

Lawyers have also argued that the TPS terminations were based on racial animus rather than because country conditions improved. 

They cite President Donald Trump’s 2024 campaign statements that falsely accused Haitian immigrants in Springfield, Ohio, of eating house pets.  

WASHINGTON — U.S. Citizenship and Immigration Services on Friday postponed the date that immigrants from seven countries affected by disaster and violence can legally work in the country, extending a deadline that was at odds with federal court orders not yet aligned with a U.S. Supreme Court ruling that paved the way for quick deportations.

The Department of Homeland Security agency issued new guidance to employers saying work authorization for hundreds of thousands of immigrants with Temporary Protected Status impacted by a recent Supreme Court decision would expire in one to two weeks, instead of Friday.

The agency said Haitians with TPS will have valid work authorization until July 24, while nationals of Burma, Ethiopia, Somalia, South Sudan, Syria and Yemen with TPS will have it until July 17.

The decision came hours before immigrants hailing from those countries were set to lose their work authorizations under earlier USCIS guidance.

The Supreme Court ruled June 25 that the Trump administration could move forward with a plan to end TPS for immigrants from Haiti and Syria, even while the lower courts continue hearing legal challenges. 

The conservative justices found the Trump administration’s decision to end TPS was not subject to judicial review, impacting several other cases challenging the termination of humanitarian protections.

But the lower courts had not aligned their cases with the Supreme Court order by Friday, leaving in place, for now, their orders forbidding deportation.

Typically, decisions from the high court go into effect 32 days after a ruling. USCIS jumped ahead of that schedule with its July 1 guidance. The July 24 expiration date is still within 32 days of the court decision and could be further delayed.

Trump and asylum

During his second term, President Donald Trump has ended TPS for about 1 million immigrants who were initially granted humanitarian protections because they hail from countries deemed too dangerous to return. 

Federal judges are still hearing arguments about if the Trump administration’s decision to end TPS was based on discriminatory practices, such as race or country of origin. 

But the 6-3 conservative Supreme Court majority did not find that immigrants challenging their legal protections being revoked were “entitled” to any judicial holds postponing the end of their TPS. 

TPS recipients from Haiti and Syria will have their deportation protections in place until lower courts lift them or unless they have a protected status other than TPS, such as a pending asylum case. 

But not every TPS recipient can apply for asylum. For example, if someone has TPS due to a natural disaster, they are unlikely to meet the criteria for asylum, which is fear of persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion.”

The Trump administration last year stopped processing asylum cases for immigrants from dozens of countries, including Haiti and Syria, but a federal judge in June struck down that policy. 

DHS has said that it plans to deport those who have lost TPS following the Supreme Court’s decision.

So far, the administration has declined to renew protections for 14 countries under TPS. The remaining countries with TPS are El Salvador, Lebanon and Ukraine. 

Homeland Security Secretary Markwayne Mullin has until Saturday to extend TPS for immigrants from El Salvador, who were the first to receive protections from the program. 

TPS can be renewed on cycles ranging from 6 to 18 months. It does not provide a path to citizenship.

Healthcare crisis

TPS beneficiaries from Haiti make up one of the largest shares of immigrants in the program Congress created in the 1990s.

The states with the largest population of TPS recipients from Haiti are Florida, New York, Massachusetts, New Jersey, Pennsylvania and Ohio according to the immigration advocacy group fwd.us.

More than 50,000 Haitians with TPS work in the healthcare industry, and lawmakers from both parties have raised concerns about the consequences of such a sudden loss of workers.

New York Republican Rep. Mike Lawler, warned that “immediately shutting off TPS will create a crisis in our hospitals, nursing homes, and in the (intellectual disabilities) community.”

Members of a union that represents healthcare workers along the East Coast gathered in New York City Friday to protest their opposition to work permits ending for TPS recipients and raised concerns that a sudden loss of workers would exacerbate the shortage of caregivers. 

A 2024 report found that nearly half of all nursing homes in the U.S. struggle with staffing shortages. 

“If TPS ends, we will face a caregiver crisis, the likes of which we’ve never seen,” said Andy Cassagnol, the executive vice president of Service Employees International Union Local 1199.

He said the move will worsen staffing shortages in home care settings and nursing homes. 

“This is a cruel, heartless, and inhumane policy that will rip parents away from their children and devastate whole communities,” Cassagnol said of the Supreme Court’s decision. “Imagine seniors and individuals living with disabilities waking up to find their favorite aide is just gone. Maybe someone who is the only familiar face in their lives has disappeared.”

U.S. Rep. Ayanna Pressley, a Massachusetts Democrat who sponsored a bill in the House that would extend TPS for Haiti for three years, said in a statement following the Supreme Court’s decision that the “implications of this ruling are nothing short of catastrophic.”

Haitians allege racism

But even if Pressley’s bill managed to garner 60 votes in the Senate, it’s unlikely that Trump would sign the measure after he vowed on the campaign trail to end TPS for Haitians and used pejorative language to describe Haiti and its people. 

The president’s words regarding Haiti have been central to TPS recipients’ claims that the decision to end protections was due to racism, not an evaluation of improved country conditions.  

The conservative majority of the Supreme Court noted equal protection arguments were unlikely to prevail in the lower courts. 

“None of the cited statements by either the President or the Secretary was overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications,” Justice Samuel Alito wrote for the majority.