Supreme Court Clears Way For TPS Terminations As Congress And Regulators Signal Sweeping Policy Shifts

In a 6-3 ruling on June 25, 2026, the Supreme Court of the United States upheld the administration’s termination of Temporary Protected Status for both Syria and Haiti.

The Court rejected arguments that federal law barring judicial review of TPS designation decisions did not extend to the process leading up to those decisions.

Writing for the majority, the Court found that challengers’ arguments were “inconsistent with the plain meaning of the statutory text,” adding that “if the final agency action is unreviewable, then so too are subsidiary determinations.”

The administration had terminated TPS for Syria in September 2025 and for Haiti in November 2025, relying on statutory language that explicitly bars judicial review of such decisions by the Secretary of Homeland Security.

The Court also dismissed claims that the termination of Haiti’s TPS designation was motivated by racial animus, finding that statements by President Trump and then-Secretary of Homeland Security Kristi Noem were not “overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications.”

The ruling means the plaintiffs are not entitled to relief that would pause the terminations while underlying litigation continues through the courts.

In April 2026, the U.S. House of Representatives passed a bill by a vote of 224-204 that would extend TPS for Haiti for three years, though the measure is considered unlikely to advance in the Senate.

Separately, the Office of Information and Regulatory Affairs has completed its review of a proposed rule from U.S. Immigration and Customs Enforcement that would cap stays for F-1 and J-1 student visa holders at four years, with a final rule expected imminently.

On the labour standards front, the public comment period closed on June 22, 2026 for the Department of Labor’s proposed joint employer rule under the Fair Labor Standards Act, which sets out a four-factor test examining hiring authority, supervision, pay determination, and record maintenance.

The House Committee on Education and Workforce voted on June 25, 2026 to advance the AI Workforce Assessment and Research Enhancement Act, which would require the Bureau of Labor Statistics to collect data on workplace AI usage, sending the bill to the full House floor.

The Senate Judiciary Committee also advanced two separate bills that would allow federal court proceedings to be televised, including one that would mandate Supreme Court coverage unless a majority of justices voted to block it on due process grounds.

The Judicial Conference of the United States has voiced opposition to both camera bills, warning that “camera coverage can do irreparable harm to a citizen’s right to a fair and impartial trial” and flagging concerns about deepfake risks and courtroom retrofitting costs.