The U.S. Supreme Court ruled Thursday in favor of the Trump administration’s attempt to end Temporary Protected Status (TPS) for Haitians.
Ideologically aligned 6-3 vote merlin v degrees This clears the way for the potential deportation of the estimated 350,000 Haitians currently living in the United States under TPS, despite the Caribbean nation’s worsening humanitarian crisis.
Department of Homeland Security General Counsel James Percival hailed the ruling as an immigration victory for the Trump administration this week, writing: “Thanks to these decisions, we now have several more important tools to continue securing our borders.”
The ruling follows a lower court ruling in February that blocked a prior attempt to end Haiti’s TPS. In that case, five Haitian citizens with TPS sued the government, alleging that then-Secretary of Homeland Security Kristi Noem did not follow necessary procedures in her decision-making.
The lawsuit also claims the decision was racially motivated and illegal because the Constitution prohibits discriminatory government action.
But Supreme Court Justice Samuel Alito, writing for the majority, argued that “the Secretary’s decision to designate TPS is not subject to judicial review.”
The conservative judge added that the plaintiffs were also “unlikely to prove that race was a motivating factor.” Therefore, you are “not entitled” to maintain TPS while your case progresses. This means they are no longer protected from deportation.
Despite the party’s support, some Republican politicians criticized the Supreme Court decision.
Ohio Governor Mike DeWine issued a statement calling the ruling a “mistake,” citing the more than 10,000 Haitians “working and contributing to our communities and economy.”
Representative Mike Lawler emphasized that “the situation in Haiti remains extremely dangerous due to rampant gang violence, political instability, and a serious humanitarian crisis.”
He added, “Just as it is not safe for Americans to go to Haiti, it is not safe at this moment to force Haitians to return.”
Haitians were first granted TPS after a devastating earthquake in 2010, but the designation has been repeatedly extended due to the ongoing humanitarian and political crisis.
Since the assassination of President Jovenel Moises in 2021, Haiti has suffered from institutional collapse and the spread of violent gangs. According to the United Nations, more than 8,100 murders were recorded across the country from January to November last year.
The Department of Homeland Security, then led by Noem, justified its February attempt to end Haitians’ TPS status, saying the former secretary “determined that there are no special or temporary circumstances in Haiti that would prevent Haitians from returning to safety” and that “it would be contrary to the national interest of the United States to allow Haitians to remain.”
But Mwiti Mungania, Haiti director of the International Rescue Committee (IRC), said: Latin America Report The situation on the ground has worsened since February.
Mungania described a “clear trajectory” of “deteriorating security, expanding influence of armed groups, and deepening humanitarian crisis,” with direct implications for the protection of civilians and limited prospects for political stability.
“Violence has intensified on several fronts: attacks on civilians, infrastructure and key transport routes have all increased, while clashes between armed groups have become more frequent and widespread,” Mungania added.
According to the UN’s International Organization for Migration, approximately 1.5 million people are currently internally displaced.
“Many repatriated Haitians arrive with nowhere to go. Nearly 20 percent were already internally displaced before leaving the country, and others are cut off from loved ones due to the escalating gang crackdown,” the IRC said in a press release.
“Returnees are prime targets for victimization, exploitation and even murder by gangs,” he stressed.
In a dissenting opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, liberal Justice Elena Kagan argued that “the statute allows for judicial review of whether the Secretary has followed the delegated procedures.”
Kagan also argued that “the evidence (of the role of race) is clear in the president’s comments.”
This includes Trump’s characterization of Haiti as a “shithole country” that is “dirty, dirty, (and) disgusting,” as well as his claim during a 2024 election debate that Haitian immigrants are “eating people’s pets (in Springfield, Ohio).”
Featured Image: Supreme Court of the United States
Image credit: Joe Ravi via Wikimedia Commons
