Democratic lawmakers compel Supreme Court to restore protections for 1.3 million TPS holders
By Sergio R. Bustos
April 15, 2026 at 6:00 AM EDT
A contingent of nearly 200 Democratic members of Congress filed a "friend of the court" brief with the U.S. Supreme Court on Tuesday, mounting a major legal challenge against the Trump administration's termination of Temporary Protected Status for Haitians and Syrians.
The amicus brief, filed in the case Miot v. Trump, represents a significant escalation in the fight to keep 350,000 Haitians and 6,100 Syrians from being deported.
It comes only weeks before the U.S. Supreme Court is scheduled to hear arguments April 29 on the administration's efforts to terminate TPS for people from Syria and from Haiti.
More than 1 million migrants from 17 countries were protected by TPS during President Joe Biden's administration. But the Department of Homeland Security has terminated the designation for 13 of those countries since President Donald Trump came to office for his second term in January 2025.
Florida is home to the most TPS holders in the nation. Venezuelans comprised the largest group of beneficiaries, followed by Haitians and Salvadorans.
TPS was created by Congress in 1990 to prevent deportations to countries suffering from natural disasters or civil strife, giving people authorization to work in increments of up to 18 months.
READ MORE: Supreme Court to hear arguments over push to end TPS protections for migrants from Haiti
Led by U.S. Rep. Debbie Wasserman Schultz, D-Weston, along with other Democratic lawmakers from Massachusetts and Maryland, the group argues that the Trump administration's actions are unlawful and a departure from congressional intent.
The outcome of the case carries weight far beyond the two named countries, with potential implications for 1.3 million TPS holders of various nationalities currently residing in the United States.
The Trump administration has harshly criticized the use of TPS, which can be granted by the administration to citizens of a country experiencing turmoil or strife.
Immigrants who qualify are allowed to stay in the U.S. and work for a temporary period, although Republican critics contend that the previous Biden administration misused its TPS authority to broadly allow hundreds of thousands of people to stay in the country.
There are several lawsuits in the federal courts challenging Trump's efforts to terminate TPS for more than 1 million people, including 350,000 Haitians.
In March, a federal appeals court sided with a lower judge’s ruling against the end of TPS for Haitians.
In a statement Tuesday, Wasserman Schultz said TPS must be preserved for Haitians to protect their lives.
“Haiti is overrun by criminal gangs, who kidnap women and girls, extort residents for protection money, and kill with impunity,” she said.
Sen. Ed Markey, D-Mass., said Haiti's humanitarian crisis "dire and worsening" in arguing that Haitian TPS holders cannot be returned to their homeland.
“As Donald Trump unlawfully strips this community of critical legal protections, we must protect the individuals who came to our country seeking safe harbor,” Markey said. “They are our friends, our family members, our neighbors, and our colleagues. We must not turn our backs on them now.”
The amicus brief argues that the Trump administration is attempting to bypass the legal framework established by Congress to provide a safe haven for those fleeing violence or environmental disasters.
Sen. Chris Van Hollen, D-Maryland, accused the administration of pursuing a "politically motivated" agenda in seeking TPS for so many immigrants.
“The Administration is asking the Supreme Court to disregard that danger, while also rubber-stamping the Administration’s effort to ignore Congressional intent around the TPS program as a whole —so they can terminate countries’ designations across the board to advance their mass deportation agenda,” Van Hollen said.
U.S. Rep. Ayanna Pressley, D- Mass., said the Trump administration's attempt to end TPS for Haitians is especially "cruel" and "life-threatening."
“Our Haitian neighbors are dedicated parents, workers, caregivers, faith leaders, business owners, and children who strengthen our communities and are essential to our economy,” Pressley said. “The Supreme Court must uphold the law and preserve these essential, life-saving protections for our neighbors.”
The amicus brief, filed in the case Miot v. Trump, represents a significant escalation in the fight to keep 350,000 Haitians and 6,100 Syrians from being deported.
It comes only weeks before the U.S. Supreme Court is scheduled to hear arguments April 29 on the administration's efforts to terminate TPS for people from Syria and from Haiti.
More than 1 million migrants from 17 countries were protected by TPS during President Joe Biden's administration. But the Department of Homeland Security has terminated the designation for 13 of those countries since President Donald Trump came to office for his second term in January 2025.
Florida is home to the most TPS holders in the nation. Venezuelans comprised the largest group of beneficiaries, followed by Haitians and Salvadorans.
TPS was created by Congress in 1990 to prevent deportations to countries suffering from natural disasters or civil strife, giving people authorization to work in increments of up to 18 months.
READ MORE: Supreme Court to hear arguments over push to end TPS protections for migrants from Haiti
Led by U.S. Rep. Debbie Wasserman Schultz, D-Weston, along with other Democratic lawmakers from Massachusetts and Maryland, the group argues that the Trump administration's actions are unlawful and a departure from congressional intent.
The outcome of the case carries weight far beyond the two named countries, with potential implications for 1.3 million TPS holders of various nationalities currently residing in the United States.
The Trump administration has harshly criticized the use of TPS, which can be granted by the administration to citizens of a country experiencing turmoil or strife.
Immigrants who qualify are allowed to stay in the U.S. and work for a temporary period, although Republican critics contend that the previous Biden administration misused its TPS authority to broadly allow hundreds of thousands of people to stay in the country.
There are several lawsuits in the federal courts challenging Trump's efforts to terminate TPS for more than 1 million people, including 350,000 Haitians.
In March, a federal appeals court sided with a lower judge’s ruling against the end of TPS for Haitians.
In a statement Tuesday, Wasserman Schultz said TPS must be preserved for Haitians to protect their lives.
“Haiti is overrun by criminal gangs, who kidnap women and girls, extort residents for protection money, and kill with impunity,” she said.
Sen. Ed Markey, D-Mass., said Haiti's humanitarian crisis "dire and worsening" in arguing that Haitian TPS holders cannot be returned to their homeland.
“As Donald Trump unlawfully strips this community of critical legal protections, we must protect the individuals who came to our country seeking safe harbor,” Markey said. “They are our friends, our family members, our neighbors, and our colleagues. We must not turn our backs on them now.”
The amicus brief argues that the Trump administration is attempting to bypass the legal framework established by Congress to provide a safe haven for those fleeing violence or environmental disasters.
Sen. Chris Van Hollen, D-Maryland, accused the administration of pursuing a "politically motivated" agenda in seeking TPS for so many immigrants.
“The Administration is asking the Supreme Court to disregard that danger, while also rubber-stamping the Administration’s effort to ignore Congressional intent around the TPS program as a whole —so they can terminate countries’ designations across the board to advance their mass deportation agenda,” Van Hollen said.
U.S. Rep. Ayanna Pressley, D- Mass., said the Trump administration's attempt to end TPS for Haitians is especially "cruel" and "life-threatening."
“Our Haitian neighbors are dedicated parents, workers, caregivers, faith leaders, business owners, and children who strengthen our communities and are essential to our economy,” Pressley said. “The Supreme Court must uphold the law and preserve these essential, life-saving protections for our neighbors.”