Lawyers representing Haitian immigrants filed a motion on Tuesday requesting that the Supreme Court dismiss the Trump administration's effort to remove more than 330,000 Haitians from the United States. The motion centers on newly unearthed evidence that attorneys argue undermines the legitimacy of the government's decision-making process.
The case involves Temporary Protected Status, a designation enacted by Congress in 1990 to shield individuals who cannot safely return to their home countries due to civil unrest or natural disasters. Haiti received this designation in 2010 following a devastating earthquake that claimed more than 200,000 lives and left the nation grappling with roving gangs, cholera epidemics, and the absence of a functioning government—conditions that continue to persist.
The Trump administration has made repeated attempts to deport Haitians currently residing legally in the United States under TPS. The immigrants challenging these efforts contend that the administration failed to adhere to required legal procedures before attempting to terminate their protections. In an unusual procedural move, the Supreme Court agreed to hear the case before a lower federal appeals court had the opportunity to review it.
With a decision anticipated by the end of June, the immigrants' legal team returned to the Supreme Court on Tuesday with their dismissal request. According to the motion, newly obtained Department of Homeland Security documents reveal that the termination of Haiti's TPS designation was a predetermined outcome. The filing asserts that career staff members recommended against ending the designation but were overruled by a political appointee, representing what the motion characterizes as departures from standard practice.
The legal dispute fundamentally concerns the statutory text underlying TPS and whether courts possess the authority to review the administration's decision to terminate Haitian TPS. During oral arguments, the administration maintained that courts lack jurisdiction to review executive branch determinations. However, when pressed by Justice Amy Coney Barrett, Solicitor General John Sauer acknowledged that courts retain the authority to review allegations of racial discrimination.
The immigrants have advanced precisely such a challenge, alleging that the Trump administration revoked Haitian TPS on the basis of race. Their attorneys now argue that with new documents continuing to emerge, the Supreme Court cannot adequately address this question. The motion contends that until discovery is completed, the Court lacks a sufficient factual foundation to evaluate the merits of the immigrants' claims.
The Supreme Court is expected to request a response from the administration before determining whether to grant the motion to dismiss. The outcome will have significant implications for the more than 330,000 Haitians whose legal status in the United States hangs in the balance.
