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Supreme Court clears Trump to end deportation shield for 356,000 migrants

The decision turns on a single jurisdictional question: whether courts may review the move at all. The majority said no.

The U.S. Supreme Court building in Washington. Credit: Mandel Ngan/AFP via Getty Images.
The U.S. Supreme Court building in Washington. Credit: Mandel Ngan/AFP via Getty Images.

The Supreme Court on Thursday cleared the Trump administration to end Temporary Protected Status for more than 356,000 Haitian and Syrian immigrants, and it did so on the narrowest of grounds: not whether the terminations are wise or lawful in substance, but whether a court may review them at all. By a 6-3 vote, the majority said it cannot.

Writing for the court, Justice Samuel Alito held that the 1990 TPS statute forecloses judicial second-guessing of how a president and the Department of Homeland Security wind the program down. The TPS statute plainly bars consideration of respondents' non-constitutional claims, he wrote for the majority. The three liberal justices dissented.

Mechanically, the ruling reverses lower-court orders that had paused DHS's decision to terminate status for some 350,000 Haitians and several thousand Syrians. Those pauses are now lifted. The practical effect, as NPR reported, is that people who have lived and worked legally in the United States, some for years, can revert to unlawful status, lose work authorization, and become eligible for deportation, in many cases leaving U.S.-born children behind.

Worth stating plainly: TPS was never meant to be permanent. Congress built it in 1990 as a temporary shelter for migrants who cannot safely return home because of war, disaster or other extraordinary conditions, with DHS deciding which countries qualify. Every president since, of both parties, had used it. The current administration is the first to try to wind it down at this scale.

The reach extends past these two countries. The administration has moved to rescind protections for 13 of the 17 nations that hold TPS. The four still covered (El Salvador, Lebanon, Sudan and Ukraine) come up for renewal this fall, and Thursday's logic gives the executive a clear path to end those too, with the courthouse door largely closed behind it.

Video: NBC News, report on the Supreme Court's TPS decision. Watch on YouTube

Immigrant-rights groups answered fast. Revoking TPS protection is not just cruel; it is economic self-sabotage that will rip billions out of the U.S. economy and destabilize communities nationwide, said Todd Schulte of FWD.us, a bipartisan group that backs immigration reform. The group counts roughly 200,000 Haitian TPS holders in the workforce, including about 15,000 agricultural workers, 13,000 nursing assistants and 8,000 caregivers, and estimates they generate $5.9 billion in annual economic activity and pay $1.5 billion a year in federal and state taxes.

The decision lands alongside the administration's wider immigration push, from its handling of citizenship and voting legislation to its border posture. What separates this one is the institutional move underneath it: the court did not bless the policy so much as remove itself from reviewing it. For the families affected, the distinction will feel academic. For how the next TPS fight plays out, it is the whole game.

Reporting based on coverage by NPR.

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