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Supreme Court to hear expedited arguments on protected status for migrants

The U.S. Supreme Court
Kevin Dietsch
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Getty Images
The U.S. Supreme Court

The U.S. Supreme Court on Monday temporarily blocked the Trump administration from going ahead with plans to deport some 6,000 Syrians and  350,000 Haitians who were granted Temporary Protected Status by Presidents Obama, Biden, and Trump himself in his first administration. But at the same the court expedited arguments so that the cases will be argued in April, with a decision likely by the end of June.
 
Federal law allows presidents to grant TPS for people in the U.S. whose home country is experiencing armed conflict, natural disasters, and other extraordinary and temporary conditions. President Trump is seeking to end that status for people from 13 countries, including Myanmar, Nepal, Honduras, Nicaragua, Afghanistan, Cameroon, Yemen, Somalia, Ethiopia, South Sudan and Venezuela.

In two separate emergency appeals, the Trump administration asked the Supreme Court to block lower court orders that have continued TPS for Syrians and Haitians while their cases are litigated. Rather than let that play out in the lower courts, Solicitor General D. John Sauer asserted the time was right for the high court to act now, "given lower courts' persistent disregard" for this court's actions in other TPS cases.

In an unsigned order, the court agreed with Sauer that the broader TPS question needs to be decided and set expedited arguments for April on several questions.

The first is whether TPS designations are reviewable by the courts and if so, whether the TPS holders have some valid claims.

Finally, the court will determine whether the TPS holders equal-protection claim fails on the merits. 

There were no noted dissents. 

The TPS program allows people from specific countries to temporarily live and work in the U.S. while upheaval – from an ongoing armed conflict, environmental disaster, or another extraordinary and temporary condition – in their home country resolves.

Syrians have qualified for TPS since 2012, during the Obama administration, due to the brutal crackdown by former President Bashar al-Assad. Trump extended their status in 2018.

Haitians have qualified for TPS since 2010, also under Obama, following a 7.0 magnitude earthquake struck the country's capital, followed by rampant political unrest, gang violence, and disease. Biden extended the status in 2021. 

Late last year, then-Secretary of Homeland Security Kristi Noem announced she would revoke the protected status for Haiti and Syria because she found neither country met the program's requirements.

Unlike two previous TPS cases in the last year, Monday's decision is the first time the court has not immediately granted the Trump administration's request to revoke a country's TPS status.

In May 2025, the court permitted the Trump administration to end temporary deportation protections for Venezuelans while the government appealed. In the unsigned order, Justice Ketanji Brown Jackson was the only noted dissenter.

After moving through the appeals process, the case returned to the Supreme Court and in October, the court reached the same result.   

Copyright 2026 NPR

Zoe Sobel
Nina Totenberg is NPR's award-winning legal affairs correspondent. Her reports air regularly on NPR's critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition.

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Federal funding is gone.

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All donations are appreciated, but we ask in this moment you consider starting a monthly gift as a Sustainer to help replace what’s been lost.

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