Temporary Protected Status law enacted in 1970
The law: “The government may, under section 244A(b) of the Immigration and Nationality Act, protect from deportation and authorize to work person who are affected by an ongoing armed conflict; environmental disaster; or “extraordinary and temporary conditions” — any of which prevents nationals from returning safely, unless allowing them to remain in the United States would be “contrary to the national interest.” The immediate beneficiaries were Salvadorean escaping civil wat.
Designation of Haitians for TPS
January 21, 2010, based on an earthquake on January 12. The designation was renewed in 2011, 2013, 2014, and 2016. The first Trump administration sought to terminate the designation starting in 2017. This termination was blocked by courts. In 2021, in the Biden administration the made a brand new designation on the grounds of economic and social breakdown. This was extended in 2013 due to ““economic, security, political, and health crises.” (Go here.)
Some 330,000 Haitians were covered by TPS in 2025, out of the total od 1.2 million. (The largest represented country was Venezuela, at 600,000.)
Trump II termination
The Trump administration sought almost immediately to terminate TPS for Haitians, but was blocked by courts from doing so until the last Biden extensions expired in February 2026.
Secretary of Homeland Security Noam tweeted on December 1, 2025, to over 14 million views: “I just met with the President. I am recommending a full travel ban on every damn country that’s been flooding our nation with killers, leeches, and entitlement junkies. Our forefathers built this nation on blood, sweat, and the unyielding love of freedom—not for foreign invaders to slaughter our heroes, suck dry our hard-earned tax dollars, or snatch the benefits owed to AMERICANS. WE DON’T WANT THEM. NOT ONE.”
Termination for Haiti
The program for Haitians was terminated on February 3, 2026.
Justification by DHS: “Based on the Department’s review, the Secretary has determined that there are no extraordinary and temporary conditions…. Moreover, even if the Department found that there existed conditions that were extraordinary and temporary….termination of Temporary Protected Status of Haiti is still required because it is contrary to the national interest of the United States to permit Haitian nationals…. to remain temporarily in the United States……”
Regarding “national interest,” Noam cited, among other factors, criminal gang membership, national security, migration factors, adverse effects on U.S. workers, and impact on U.S. communities. Noam cited Executive Order 14161 “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats,”’
Supreme Court decision, June 25 2026
By a vote of 6-3 in Mullin v. Doe, the Supreme Court overruled rulings by federal courts in Washington, D.C., and New York regarding TPS, for Haiti and Syria. The majority ruled that the federal law creating the TPS program bars courts from reviewing the determinations by the Secretary of Homeland Security. Justice Elena Kagan wrote the dissent: Haitian and Syrian TPS beneficiaries “ask for only one thing: that they may stay in this country while they continue to litigate their claims. … [T]hey are entitled to that relief, and should not instead be consigned to devastating, and indeed life-threatening, injury.”
The Mullin v Doe decision effectively closes the door on termination of TPS for the 600,000 Venezuelans, in October, 2026, barring a Hail Mary legal success by opponents.