Supreme Court Clears Path for Administration to Move Forward on TPS Policy Change

TPS is a humanitarian program that offers temporary protections to certain foreign nationals when conditions in their home countries make return unsafe. Over the past several years, the program has seen several updates, extensions, and reviews as conditions abroad have changed and new administrations have taken office.

The legal dispute centered on whether the Executive Branch had the authority to revise or withdraw a previous TPS designation based on its most recent assessment. The lower court had paused the administration’s decision earlier this year, prompting an appeal that made its way to the Supreme Court.

During oral arguments, the U.S. Solicitor General emphasized that the lower court’s injunction conflicted with long-standing precedent that gives federal agencies broad discretion in shaping and adjusting immigration programs when conditions evolve.

How TPS Designations Have Shifted Over Time

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