Alianza Americas deeply regrets today’s decision by the Supreme Court of Justice regarding the Temporary Protected Status (TPS) for Haiti and Syria.
In a 6-3 decision, the Court identified two questions. It ruled that decisions regarding TPS determinations are not subject to judicial review and that the government’s TPS determination for Haiti was not based on an intent to discriminate based on race.
The judiciary has a central role to play, and, regrettably, the majority of the Supreme Court has interpreted the law to mean there is no judicial review of the TPS determination process. The TPS Statute is clear regarding the steps that must be followed, and, as the dissenting opinion explains, that process is distinct from the decision or determination made by the Secretary of Homeland Security. The majority’s interpretation broadens the government’s discretion regarding TPS. The court's ruling has profound and harmful consequences for individuals covered by TPS.
The government’s rhetoric has not only expressed a political vision but also includes messages of disparagement and discrimination against migrants, particularly those from countries with populations of African descent, Indigenous peoples, and the poor. The majority of the Court determined that there was no intent to discriminate on the basis of race in the decision to terminate Haiti's TPS designation. The dissenting opinion clearly explains why this is a misguided decision: the discriminatory intent is evident in the statements made by the president and the Secretary of Homeland Security, who issued those decisions.
People with TPS have built their lives in the United States for years. They have started families, are members of our communities, provide services to us, care for us, and work alongside us. Alianza Americas, together with its membership and other partner organizations, has been advocating for decades for legislative solutions that pave a path to permanent residency for people with or without temporary status. Today, we reiterate our call on members of Congress to act to protect TPS-covered communities, which are running out of protection. We need legislative solutions now!
Finally, yesterday’s earthquakes in Venezuela are a clear example of why the TPS law has always been a source of relief for those who cannot return to their country. We call on the executive branch to respond with solidarity to Venezuelans in the country who can contribute to the reconstruction effort from here. Alianza Americas urgently calls for Venezuela to be granted a TPS designation.
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Alianza Americas is a transnational network of migrant-led organizations in the United States. We advocate for social justice, equity, and human rights in the Americas.
