Buenos Aires, Argentina – The Supreme Court of the United States heard arguments on Wednesday regarding the Trump administration’s attempts to end Haitians’ Temporary Protected Status (TPS), which defends Haitian migrants from deportations.
The Supreme Court’s ruling, which is likely to be made in the coming months, could affect around 350,000 Haitians who are currently living in the United States.
The Department of Homeland Security, then headed by Kristi Noem, justified February’s decision saying that Noem “determined that there are no extraordinary or temporary conditions in Haiti that prevent Haitian nationals […] from returning to safety,” and that “it is contrary to the national interests of the United States to permit Haitian nationals […] to remain.”
Immigrant rights advocates, however, paint a different picture.
Daniel Berlin, policy director for protection pathways at the International Rescue Committee (IRC), told Latin America Reports that “Haiti continues to face a compounding crisis marked by food insecurity, displacement, deadly disease outbreaks, and surging gang violence, making it dangerous for anyone forced to return.”
“There are groups of people at particularly high risk, notably women and children as gangs increasingly use sexual violence to strike fear in communities and forced child recruitment has risen 200%,” he added.
Haitians were first granted TPS in 2010 following a devastating earthquake and have seen their protections extended multiple times since, including after the assassination of Jovenel Moise, the Caribbean country’s last elected president.
Since Moise’s assassination in 2021, Haiti has suffered from institutional collapse and rife gang violence.
More than 8,100 killings were documented nationwide between January and November last year, whilst up to half of the members making up these deadly armed groups are children, according to the UN.
As a result, the IRC reports that 73% of households feel unsafe where they sleep and 60% of households do not have their children in school due to fears of kidnapping, recruitment, and crossfire.
Berlin warns that “if TPS is ended, the administration could begin the legal process to remove people without other status immediately.”
The reality on the ground has led the plaintiffs to argue that the Trump administration did not follow due process in evaluating the conditions in Haiti.
The New York Times reported earlier this week that government officials had distorted evidence in order to justify removing Haitians’ TPS. Internal emails show that data that did not support the administration’s argument was removed from research reports.
Moreover, the lawyers also referenced President Trump’s frequent usage of inflammatory language against Haitian people to contend that the administration was racially motivated in its decision, which would violate the constitutional prohibitions of discriminatory government actions.
Trump has previously described Haitian immigrants as undesirable because they come from a “filthy, dirty, disgusting” country and claimed that they had been eating their neighbors’ pets in Springfield, Ohio.
Lower court judges who dealt with the case found that Noem’s decisions were in fact predetermined and not informed by meaningful analysis, thus postponing the terminations of Haitians’ TPS.
The government’s lawyers asked the conservative-dominated Supreme Court to intervene as a result, arguing that the courts have no right to review Noem’s decisionmaking.
In the same session, the Supreme Court also heard arguments regarding the TPS of 6,100 Syrians in the US.
Featured image description: Protest at the US Capitol against the removal of Haitian migrants’ Temporary Protected Status, March 6th 2026.
Featured image credit: @MarioNawfal via X.
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