Last month, the Supreme Court (SCOTUS) issued a devastating ruling in one of our cases– the Mullin v. Doe decision threatens the safety and livelihoods of hundreds of thousands of our neighbors, friends, and coworkers. It centers around Temporary Protected Status (TPS)—a critical humanitarian program that allows people to live and work safely in the United States when their home countries are suffering from war, natural disasters, or extreme instability. 

At Muslim Advocates, we have a long history of resisting racist and unlawful executive power grabs, and we know firsthand the danger of unchecked state power. We are currently co-counsel in four lawsuits challenging the unjust terminations of TPS for Syria, South Sudan, Ethiopia, and Somalia. Though the Mullin decision focused on the Syria and Haiti TPS designations, its dangerous implications will reverberate for all TPS holders and the program as a whole. Here is a breakdown of what the Supreme Court decided, who is impacted, and what comes next.

What Did the Supreme Court Decide?

In simple terms, the Supreme Court ruled that federal courts no longer have the power to review non-constitutional arguments challenging a proper decision to end TPS for a specific country. Significantly, constitutional challenges are still permitted, even if such challenges may be more difficult.

Before this ruling, lower courts had stepped in to block the government from ending TPS for several countries to avoid the dangers that TPS holders would face from sudden deportation. Courts agreed that the government failed to follow the law and in some cases was plainly motivated by racism.  Because of this new Supreme Court decision, those protective blocks (called “stays” or “postponements”) for Haiti, Syria, Burma, Somalia, South Sudan, Ethiopia, and Yemen are at risk of being reversed.Though SCOTUS has now foreclosed some of the possible legal arguments,  we are  going back to the district court to pursue our constitutional racial discrimination claim in addition to raising some new claims.

More appalling is how the Court shut down and gaslit a major constitutional challenge. The majority Justices chose to ignore clear, undeniable evidence of racial bias —specifically directed toward Haitians in this case—stretching to read a non-racial motivation for the TPS termination despite repeated, hateful language that was so ugly, they refused to quote it.  In her dissent, Justice Elena Kagan called this out and catalogued the worst statements and their racial overtones. This continues the Court’s trend of effectively greenlighting discriminatory policies while overturning antidiscrimination laws (see also: Voting Rights Act).  .

The Human Impact: Who is at Risk?

This decision is a cruel departure from America’s decades-long history of offering a haven to those who may be otherwise forced to return to danger. The immediate impact may be staggering:

• Over 350,000 Haitians and 6,000 Syrians could lose their legal status and their right to work in the U.S within weeks (or even days if the government can expedite the process).
• Without status, Black, Arab, and Muslim immigrants face the terrifying prospect of detention and deportation to countries that are currently unsafe, places that some TPS holders may not even know.
• Countries in flux: Protections for people from Burma, Syria, Haiti, Somalia, South Sudan, Ethiopia, and Yemen are now at risk of being reversed. Meanwhile, TPS designations for Afghanistan, Cameroon, Nepal, Honduras, and Nicaragua have already been terminated. See CUSP’s helpful tracker here. 

Dahlia Doe, the lead plaintiff in our Syria case, is a Syrian national and TPS holder who has lived in the United States since 2015 and currently resides in the Bronx, New York. She works as a research director and is the primary caregiver for her elderly father, who suffers from Parkinson’s disease and is a green card holder. Unless her pending application for alternative relief is granted beforehand, she will lose her protection from deportation if TPS for Syria is terminated. Losing TPS will force her to relocate to Syria where she has never lived, has no immediate family ties, and fears she will be targeted as a Syrian Christian religious minority. Dahlia will also be forcibly separated from her immediate U.S. citizen and lawful permanent resident family members.

The timeline is urgent. These terminations could take effect as early as July 27, or even sooner if the government succeeds inspeeding up the process.

As Melissa Keaney, head of the Legal Department at Muslim Advocates, explained during a recent press call: “Our clients and the many TPS holders like them are deeply woven into the fabric of our local communities and economies. This is simply devastating.”

Even Supreme Court Justice Elena Kagan recognized the cruelty of the ruling, writing in her dissent that these families “deserve better than today’s decision.”

What Happens Next? 

While the SCOTUS decision is a heartbreaking setback, the fight is not over.

1. The Legal Fight Continues: Although this specific Supreme Court decision closes the door on certain legal claims, it does not close off all possible legal avenues. Muslim Advocates and other civil rights groups are continuing to harness every legal tool available to fight for TPS holders’ right to remain in the United States safely and with dignity.
2. All Eyes on Congress: The courts have stepped back, which means the responsibility now falls squarely on lawmakers. We are urgently calling on Congress to step in and immediately restore the vital humanitarian lifeline that TPS represents.

Take Action
We refuse to retreat, and we refuse to be silenced. TPS holders are our essential workers, our neighbors, and our family members. They deserve permanent protection. We will keep this section updated as new actions and resources become available. 

• Please join the National TPS Alliance in demanding that Sec. Mullin act now to protect TPS families before the July deadlines take effect. We must unite to beat back these vicious attacks on our communities once and for all.

• Know your rights and risks: We know that immigration officers regularly violate people’s rights, so it’s important to understand the risks and assert our rights. If you are a TPS holder from Syria, you can find additional information and resources below:
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