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Supreme Court curtails TPS judicial review, leaving hundreds of thousands facing deportation

A Supreme Court decision upholding the termination of Temporary Protected Status for Haitian and Syrian nationals has removed a key layer of judicial oversight, narrowing the legal options for hundreds of thousands of people now exposed to deportation. The ruling limits lower courts' ability to scrutinize Homeland Security's TPS determinations. With roughly 80% of TPS holders participating in the U.S. labor market, per a 2025 Penn study, the downstream effects on sectors including healthcare, construction, and education are drawing attention from employers and advocacy groups across the workforce.

By Dev OkaforDigital Assets DeskJuly 29, 20262 min read
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A Supreme Court decision upholding the termination of Temporary Protected Status for Haitian and Syrian nationals has removed a key layer of judicial oversight, narrowing the legal options for hundreds of thousands of people now exposed to deportation. The ruling limits lower courts' ability to scrutinize Homeland Security's TPS determinations. With roughly 80% of TPS holders participating in the U.S. labor market, per a 2025 Penn study, the downstream effects on sectors including healthcare, construction, and education are drawing attention from employers and advocacy groups across the workforce.

How the ruling changes the legal setup

TPS, established in 1990, protects nationals of designated countries fleeing extraordinary circumstances from deportation and provides work authorization. The ruling's reach extends past Haitian and Syrian nationals. It resets the bar for all future challenges to TPS terminations. American Immigration Council senior fellow Dara Lind told Axios that ongoing TPS cases "are going to have to meet a standard that the previous lawsuits haven't."

At the start of President Trump's term, approximately 1.3 million people held TPS, per the American Immigration Council. The Trump administration has since moved to end the program for nationals of more than a dozen countries, and hundreds of thousands have already lost protections.

The numbers behind the economic exposure

FWD.us president Todd Schulte described the scope of the terminations as "absolutely without precedent, by huge orders of magnitude of any sort of revocation of status in the modern immigration system." Advocacy groups say the fallout reaches well past TPS holders themselves. The Justice Action Center's legal director Esther Sung told Axios: "The ripple effects of this are going to be really big."

The Department of Homeland Security directed TPS recipients without other lawful status toward its self-deportation app and stated they will be subject to deportation once TPS ends. DHS did not respond to Axios' questions about criticism of the terminations.

What to watch

Active litigation over TPS terminations continues for nationals of Burma, Ethiopia, South Sudan, and Somalia. U.S. District Judge Brian Murphy last week temporarily delayed the termination for Ethiopian nationals. DHS general counsel James Percival called that delay "mutiny against the Supreme Court."

Protections for approximately 170,000 Salvadorans, valid through September 9 but potentially ending after more than two decades of coverage, represent the next concrete marker on the calendar. Sung told Axios she has little expectation TPS will survive for any designated country under the current administration. Chris Newman, legal director for the National Day Laborer Organizing Network, predicted the consequences will be "calamitous" but said he expects the fallout to galvanize mixed-status families, employers, and community leaders into public opposition. The September 9 Salvadoran deadline is the next definitive date on the tape.

Related reading

About this story

Filed by the digital assets desk of MarketPR on July 29, 2026. Source: axios.com. Indicative figures are not investment advice.

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Key takeaways

Frequently asked

What is Temporary Protected Status (TPS)?

Established in 1990, TPS protects nationals of designated countries fleeing extraordinary circumstances from deportation and provides them with work authorization.

Which countries still have active litigation over TPS terminations?

Active litigation continues for nationals of Burma, Ethiopia, South Sudan, and Somalia, and a U.S. District Judge temporarily delayed the termination for Ethiopian nationals.

What did the Department of Homeland Security tell TPS recipients to do?

DHS directed TPS recipients without other lawful status toward its self-deportation app and stated they will be subject to deportation once TPS ends.

What is the next key date in the TPS situation?

September 9 is the next definitive deadline, when protections for approximately 170,000 Salvadorans are set to expire after more than two decades of coverage.