The Department of Homeland Security has taken its case of Mullin v. Doe to the Supreme Court to terminate TPS for Syrian and Haitian holders.
On April 29, the Supreme Court began discussing the Trump administration’s attempt to end legal protections for Syrian and Haitian migrants living in the United States. The cases, Mullin v. Doe and Trump v. Miot, will dictate whether or not the presidential administration has the authority to terminate Temporary Protected Status (TPS) in the U.S. for Haitian and Syrians. The administration has already stripped protections for over a million people.
The TPS program was established in 1990 to create a long-term effective system for migrants from countries deemed unsafe to return to by the government. The program seeks to provide a safe living environment while granting individuals asylum for a certain period of time, protecting them from deportation and allowing them to be eligible for employment. This is particularly beneficial for people who are unable to return home.
Eligibility for those living under TPS typically coincides with the state of their home country and its stability, or lack thereof. For example, The Department of Homeland Security (DHS) may consider a country eligible due to an ongoing armed conflict, environmental disasters or other extreme conditions.
Since 1990, the program has protected over 1.2 million individuals from various countries, including more than 330,000 Haitians and over 3,000 Syrians.
“[TPS] hasn’t evolved much [since 1990] in terms of the benefits that are provided for individuals,” said Maya Atassi, the executive director for the Syrian Community Network in Chicago. “Over the last few decades, a greater number of conflicts arose throughout the world, their nationals were then provided [protection].”
The Trump administration has successfully terminated TPS for countries such as Honduras, Nepal and Nicaragua, though they are continually being fought against in courts nationwide. The administration has now targeted TPS members from Syria and Haiti, bringing the issue to federal courts.
Former DHS Secretary Kristi Noem made the decision to terminate TPS for Haitians and Syrians on the grounds that their status no longer met the criteria. This decision was met with legal backlash, causing many Haitian and Syrian nationals to sue the administration.
Both federal judges involved with the case did not allow the Trump administration to continue with the ending of TPS for Haitians and Syrians, with this decision leading to the ongoing Supreme Court discussions.
Federal courts have in the past sided with the administration, terminating TPS for Venezuelans in late 2025.
“When it comes to the TPS, it’s the argument here where the government is trying to ship people back, it’s [racially] motivated,” said Emad Mahou, DePaul law graduate and a lawyer in Chicago who was sent to the United States from Syria after his involvement in the revolution against former President Bashar al-Assad.
Haiti and Syria have been marked as a Level 4 advisory for those traveling to these countries under DHS’ travel advisory map. Level 4 is the highest level of threat, meaning individuals should not travel there.
“[The administration is] telling the world and the United States, whether they are a green card holder or a citizen, ‘Do not travel to Syria under any circumstances …’ So if you’re telling your own people to not travel [there], why would you feel comfortable shipping back 4,000 people back to [that] city?” Mahou said.
Haiti was designated for TPS in 2010 following an earthquake, forcing approximately 1.5 million people to be rendered unhoused. Their protected status has been extended multiple times due to ongoing gang violence, socioeconomic problems, the absence of a functioning government and more.
“Over the past decade, I’ve seen policies become more restrictive and less protective of Black communities,” said Taylor Hardges, a junior at DePaul University.
“From my perspective as a Haitian American, it often feels like progress for Black people is still met with resistance, even when those communities are simply asking for fairness, dignity and equal opportunity,” Hardges said.
Some Haitians who have entered the U.S. under TPS have lived here for at least two decades, establishing the U.S. as their home. Abolishing the program would mean completely uprooting the lives of thousands of people.
“[TPS holders] have been here for over 10 years,” Mahou said. “They have kids who grew up in this country. They don’t know any other country. They speak English. Their mother tongue is English … They learned our style of life. They learned our culture.”
The Supreme Court is set to make a decision regarding the termination of TPS for Syria and Haiti by this summer.
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Header Image by Alex Carrasquillo
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