WASHINGTON, D.C. - Thousands of Haitians living in the United States, including many on Delmarva, could soon face uncertainty after the U.S. Supreme Court ruled Thursday that the Trump administration can move forward with ending Temporary Protected Status for Haiti while court challenges continue.
In a 6-3 decision, the nation's highest court ruled on June 25 that federal law largely prevents courts from reviewing the Department of Homeland Security's decisions to designate or terminate TPS for a country. The ruling reverses lower court orders that had temporarily blocked the administration from ending protections for Haiti and Syria.
Temporary Protected Status, or TPS, allows people from countries affected by armed conflict, natural disasters or other extraordinary conditions to legally live and work in the United States for a limited time. Haiti first received TPS in 2010 following the catastrophic earthquake that killed hundreds of thousands of people. Since then, the designation has been repeatedly extended because of ongoing gang violence, political instability, poverty and humanitarian concerns.
In November of 2025, the Department of Homeland Security announced it would end Haiti's TPS designation, concluding that while "certain conditions remain concerning," parts of the country were suitable for return and that continuing the designation no longer aligned with U.S. national interests.
Haitian TPS holders challenged that decision in federal court, arguing the administration violated federal law and that the termination was motivated by racial discrimination. Lower courts temporarily blocked the administration from ending the protections while the lawsuits proceeded.
The Supreme Court, however, sided with the administration on June 25.
Writing for the majority, Justice Samuel Alito said Congress made clear that courts generally cannot second-guess TPS decisions, writing that the law allows "no judicial review" of Homeland Security's determinations regarding the designation or termination of TPS.
The Court also rejected, at least for now, the plaintiffs' constitutional claim that Haiti's TPS designation was terminated because of race.
"Ironically," Alito wrote, the challengers themselves pointed to a race-neutral explanation for the administration's actions and that it has "terminated every TPS designation that has come up for renewal" as part of a broader policy toward the program.
The Court’s opinion concluded that, after reviewing the evidence, the Haitian plaintiffs were "unlikely to prove that race was a motivating factor" in the decision to end Haiti's TPS designation, meaning they were not entitled to the temporary court orders keeping the protections in place.
Justice Elena Kagan dissented, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
"At this juncture, both sets of plaintiffs ask for only one thing: that they may stay in this country while they continue to litigate their claims," the dissent reads. "For all the reasons given, they are entitled to that relief, and should not instead be consigned to devastating, and indeed life-threatening, injury."
The ruling does not immediately end the underlying lawsuits, but it removes the injunctions that had prevented the Trump administration from carrying out the TPS terminations while those cases move through the courts.
The decision could have significant implications for Haitian families across the country, including here on Delmarva, where the Haitian community has become an important part of the local workforce and economy, particularly in industries such as poultry processing, health care and hospitality. According to American Community Survey data, Wicomico County alone has about 4,000 Haitian residents.
The Department of Homeland Security says Haitians have held TPS continuously for more than 16 years, making it one of the program's longest-running designations.
