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Supreme Court to Hear Arguments on Trump Stripping of Protections From Haitian and Syrian Migrants Fleeing War
UN experts say both countries are still in the midst of extreme violence and that those with protected status would face dangers if forced to return.
Mar 16, 2026
The US Supreme Court will hear arguments next month over whether the Trump administration can strip legal status from migrants from Haiti and Syria who have been given temporary protection after fleeing war.
The court said on Monday that it would not grant the Trump administration emergency requests demanding that Temporary Protected Status (TPS) for migrants from the two countries be immediately lifted.
For the time being, this means that more than 350,000 people from these two countries can continue to live and work legally in the United States until a ruling is reached. The order set oral arguments in the case to take place in the last week of April.
The court has previously sided with the Trump administration in its bid to strip similar protections from around 600,000 Venezuelan nationals, putting them at risk of deportation.
But Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said that there is "one notable distinction" between the case surrounding Venezuelan migrants and those from Syria and Haiti.
The Department of Homeland Security (DHS) is required to make its determinations about terminating TPS based on whether conditions in a specific country have improved enough that they would be safe to return. This includes consulting with other government departments, such as the State Department.
Unlike in the Venezuela case, Reichlin-Melnick said there is a "factual record showing that the Trump administration completely failed to do what is required by the law; actually consider the country conditions" in the case of Haiti or Syria.
He highlighted the opinion from US District Judge Ana C. Reyes, who last month ruled that the Trump administration's attempt to strip Haitians of their status was invalid because they'd "ignored Congress' requirement" to consult with other agencies to determine the conditions in the country, which has in recent years been ravaged by a gang war that killed more than 8,000 people in 2025 and has resulted in widespread instability and displacement in the country.
She noted that the only "consultation" conducted by the Trump administration was with a DHS staffer who emailed a State Department staffer, asking him to advise DHS on the matter on the same day a court first allowed them to re-review the status of Haitians.
The State staffer responded in less than an hour, stating definitively that "State believes that there would be no foreign policy concerns with respect to a change in the TPS statue [sic.] of Haiti." An attorney for the government later confirmed that "no other agency was consulted about the decision."
Moreover, the judge pointed to a social media post from Homeland Security Secretary Kristi Noem three days after Haitians had their TPS status formally stripped, referring to them and other immigrants as "killers, leeches, and entitlement junkies," as well as "foreign invaders." This, the judge said, suggested the decision was made in part based on "racial animus."
Following a 10-day trip to Haiti, William O'Neill, the United Nations-designated expert on human rights in the country, said on Monday that the humanitarian situation there is "dire and catastrophic" and is probably worse now than when Haitians were initially granted TPS in the US back in 2010 following a devastating earthquake that killed more than 300,000 people and inflicted widespread destruction and disease.
If the roughly 300,000 Haitians currently living under TPS were suddenly deported, he said, many would have nowhere safe to go in the war-ravaged country.
"Where would they go?" he asked. "The Haitians who are currently internally displaced can barely survive now.”
In November, another federal judge blocked DHS from stripping Syrians of status for failing to adequately evaluate the conditions in that country, where President Bashar al-Assad had been overthrown less than a year prior, igniting further instability after more than a decade of chaotic civil war.
A report from the Independent International Commission of Inquiry on the Syrian Arab Republic on Friday described ongoing sectarian violence in the country, as well as arbitrary detentions, torture, and extrajudicial killings.
According to a September report from the Syrian Observatory for Human Rights, more than 10,000 people, mostly civilians, have been killed by fighting and extrajudicial executions since Assad's ouster in December 2024.
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3 Steps for a Just Immigration System: Abolish ICE, Grant Amnesty, End US Imperialism
We need a new system of immigration—one that serves the common good, respects the dignity of all peoples, and aligns with the principles of a democratic society.
Mar 07, 2026
On February 26, federal agents lied to gain access to a residential building. The agents, who local officials said lacked a warrant and wore “fake badges” to impersonate New York police officers, said they were looking for a “missing child.” In reality, they were hunting for Elmina Aghayeva, a Columbia University student who the Department of Homeland Security alleges had her visa terminated “for failing to attend classes.”
Due to the efforts of New York City Mayor Zohran Mamdani, Aghayeva has since been released. Still, the incidence speaks volumes to the level of normalized cruelty and injustice inherent in our current system of immigration control and enforcement. Aghayeva is not “the worst of the worst.” Even if we accept DHS’ assessment that she needed to be detained, there was a way of doing this lawfully—one where Immigration and Customs Enforcement (ICE) agents acquire a warrant, clearly identify themselves, respect her rights, and do not further erode public trust in law enforcement.
We need a new system of immigration—one that serves the common good, respects the dignity of all peoples, and aligns with the principles of a democratic society. Here are three steps we can take toward that end.
First Step: Abolish ICE
What was once a fringe position is now supported by the majority (76%) of Democrats and a plurality of US adults (46%).
While the Trump administration’s disregard for the rule of law has made ICE’s injustices more blatant, it has ultimately only exposed what the agency has been since its inception.
Given recent events, this turn is unsurprising. In the last year alone, ICE agents have: broken into people’s cars (Mahdi Khanbabazadeh and Marilu Mendez), used explosives to break into people’s homes (Jorge Sierra-Hernandez), pressed their knees into people’s necks (Tatiana Martinez and George Retes), kidnapped people (Kilmar Ábrego Garcia and Gladis Yolanda Chavez Pineda), detained hundreds of children including 5-year-old Liam Conejo Ramos, detained over 170 US citizens including Juan Carlos Lopez-Gomez and Dulce Consuelo Díaz Morales, shot people (Carlitos Ricardo Parias and Jose Garcia-Sorto), permanently maimed people (Kaden Rummler), and killed people (Silverio Villegas González, Geraldo Lunas Campos, Renee Good, and Alex Pretti).
In the name of pursuing people who commit fewer crimes than US citizens, actively contribute to the US economy, pay taxes for public services they cannot access, and culturally enrich our communities, ICE acts with reckless abandonment.
And let’s be clear: While the Trump administration’s disregard for the rule of law has made ICE’s injustices more blatant, it has ultimately only exposed what the agency has been since its inception: a lawless, bloated policing and surveillance behemoth with virtually no oversight. It was a mistake created in the frenzy following 9/11. For the good of the nation, it must be abolished (and DHS too).
Second Step: Grant Amnesty
Rather than mass deportation, we should offer amnesty for all undocumented immigrants currently living in the US who have not committed any violent crimes.
The problems with ICE stem from its basic mission: to find and deport the over 11 million undocumented immigrants in the country. Since the vast majority are law-abiding and legal status is not an observable trait, ICE agents resort to more invasive, discriminatory, and militant measures. Any alternative to ICE tasked with the same mission will likely replicate its problems.
The irony here is that deporting all undocumented immigrants would only harm the US. According to the Center for Migration Studies, Trump’s mass deportation plan “could cost over $500 billion to implement and would sacrifice billions in tax revenue per year. It also would lead to labor shortages and reduce the GDP by $5.1 trillion over the next 10 years.” By contrast, providing undocumented immigrants with amnesty would contribute $1.2 trillion to the US economy over 10 years and $184 billion per year in federal, state, and local taxes.
We cannot continue to indiscriminately violate international law and then complain when America’s victims come here seeking a better life.
That money could be used to improve the lives of millions by funding Medicare For All, tuition-free public colleges, city-owned grocery stores, and SNAP and other welfare programs, as well as building public housing and improving our crumbling infrastructure. Instead, we are actively engaging in an absurd policy of national self-harm where the only benefactors are the politicians who continuously scapegoat immigrants as well as corporations who benefit from surveilling, imprisoning, and exploiting their labor.
Beyond economic considerations, amnesty safeguards our democracy and protects human rights. The current immigration regime perpetuates racism, xenophobia, and Islamophobia, while ICE agents terrorize our communities and threaten all our lives.
Trump’s mass deportation agenda calls for separating undocumented immigrants from their friends, families, and communities. This includes 86 DACA recipients that ICE deported last year. Those people had lived in the US for most of their lives, respected its laws, and considered it their home. Now, they are being sent to an unfamiliar country—one where they may not know the language, culture, or anyone living there.
What’s more, many immigrants come to the US fleeing violence and persecution abroad. Deportation often entails purposely putting people’s lives at risk. As Farah Larrieux, a 46-year-old Haitian currently on Temporary Protected Status (TPS), said: “All these people are here because they were forced to come. […] They came to save their lives. For many, returning to Haiti now is, in practice, a death sentence, making them vulnerable to extortion and kidnapping.” If DHS succeeds in terminating TPS for Haitians, our tax dollars would go toward effectively funding her execution.
Third Step: End American Imperialism
Whether it's Haiti, Cuba, Venezuela, Gaza, Somalia, Afghanistan, Iraq, Iran, or so many other nations, US interventionist policies fuel political instability abroad.
American imperialism must end. We cannot continue to invade, bomb, and wage wars that fuel the very mass displacement and migration that create the “border crisis.” We cannot continue to indiscriminately violate international law and then complain when America’s victims come here seeking a better life. They are not the “foreign invaders” who infiltrated “our homeland”—America invaded theirs. They have not “destroyed our country”—we destroyed theirs as they built ours. We owe them a debt: Amnesty and humanitarian aid in this context is not a gift, its reparations.
America must fund USAID, not more “forever wars.” We must work alongside foreign nations—as equals—to meaningfully improve economic and political stability around the world.
For the people who are already here, abiding by our laws and contributing to our communities, this is their home. Hunting and deporting them is not justice. It endangers everyone while diverting billions of dollars away from programs and policies that would benefit everyone.
Together, we can forge a better future—we simply need to take the right steps.
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Without Haitians There is No Collective Liberation
Two Haitian immigrant advocates chart out a path for what a truly liberatory policy toward Haitian and other Black immigrants could look like.
Feb 26, 2026
We started Black History Month with a critical—though potentially momentary—win for Haitian immigrants, specifically those with Temporary Protected Status. Although the Trump administration has appealed the decision, the current pause of the termination of TPS for Haitians has been a moment of reprieve for our community.
In this period of polycrisis, this victory also demonstrated the continued power of community organizing. But, in order to ensure this win is sustained and pushes us toward Black liberation and collective justice, we have to amplify the monumental role of Haiti and Haitians in our shared struggles for equity and justice in the US—past, present, and future. There’s a great deal for us to learn from Haiti and Haitians about collective liberation.
We felt momentary relief with the court ruling on TPS, but the unease we carry was not able to dissipate altogether because we know this government is undeterred from flouting the legal system. Living in limbo is already difficult for TPS holders, but like with all immigrant communities, there is the heightened fear of Immigration and Customs Enforcement and its inhumane and life-threatening tactics, which we see vis-a-vis their modern-day recreations of slave catchers.
Furthermore, Haitians live with another kind of fear—the fear of being both invisible and hyper-visible, but never fully human. This characterization has been deliberate and by design; a punitive response to Haiti’s successful revolt against slavery—the first in the world—and what it set in motion for Black and other colonized people across the world.
When we say we must continue to fight, we mean all of us. Anyone who says they are for justice and collective liberation must meet us on the streets and in the courtrooms.
The paradox of hyper-visibility paired with erasure is part of a larger pattern of anti-Blackness in this country. White supremacists tend to treat Haiti as symbolic of everything they intentionally mischaracterize or misrepresent about Black people, as a pretense to spew racialized anti-Black hatred. The public imagination they craft around Haiti is carefully curated to dehumanize us and to stoke fears around Black people rising up once again. We are an enduring threat to white supremacy and racial capitalism, which is why we continue to be punished and targeted as a people and a country.
This public imagination is exactly what the Trump administration leveraged to spread sensational lies that many Americans went on to accept as factual. It is why our community faces higher detention and deportation rates, and sees disproportionately lower rates of being granted asylum. And, it contributes to why philanthropy has not prioritized sustained giving to Haitian organizations. Even though we face unceasing attacks from the administration that have stripped over half a million Haitians of their statuses, targeted them repeatedly for halts on adjudication for almost all forms of relief, and imposed the most severe forms of travel bans for both non-immigrants and immigrants, we are not seeing a commensurate response to support us from the philanthropic community, to give us a fighting chance against these attacks.
Every day, there is a reminder of our invisibility. Language justice for Haitians is often an afterthought. We regularly have to advocate to immigrant rights organizations and grassroots organizing groups to provide Kreyòl interpretation for webinars, trainings, and materials that are directly applicable to hundreds of thousands of Haitians. Even though Haitian immigrants are the second-largest population with TPS, language access is usually not extended to Haitian TPS holders.
We are routinely rendered invisible by all factions of US society—policymakers, philanthropy, media, and even progressives—and yet we become hyper-visible in moments of crisis, political convenience, or scapegoating. We saw this hyper-visibility in the response to Haitians arriving in Del Rio, Texas, when Border Patrol agents were caught chasing Haitian refugees on horseback in 2021 and in the last presidential election when Haitian immigrants in Springfield, Ohio were thrust to the center of Republican political theater vis-a-vis the circulation of blatant misinformation designed to incite anti-immigrant sentiment.
Being left out of—or misrepresented in—mainstream narratives of immigration and American identity has real-life consequences. We feel it in the lack of services tailored to our community, insufficient language access, and more. We see it when we’re treated as an afterthought in immigrant rights advocacy and grossly underfunded compared to other immigrant communities—multiplying the unseen labor of the few Haitian migrant groups that exist. According to the National Committee for Responsive Philanthropy, “Black migrant justice groups received less than 2% of all funding for the movement, 0.04% of funding explicitly granted for Black communities in general, and overall less than 0.01% of all foundation grants given during 2016-2020,” which is why initiatives like the Black Migrant Power Fund—launched to address these gaps—are so crucial in this moment.
Our exclusion has also led to the distortion and flattening of our identity–we are often seen as victims with no agency, our significant present-day contributions have largely gone unnoticed, and centuries-old imperialist policies by the US and France continue to go unchecked despite playing a big role in the ongoing injustices in Haiti.
We reject this single story of victimhood and believe there is an urgent need to platform the pivotal leadership and perspectives of Haitian migrant rights’ leaders advocating for their communities across the region, which is why the Hemispheric Network for Haitian Migrants’ Rights was started. Haitian leaders’ initiatives and organizations are significantly under-resourced, yet they are undeterred in their battle against the anti-Blackness that knows no borders and confronts Haitians at every turn in their migration journeys.
In terms of contributions to the US, Haitian TPS holders alone contribute $5.8 billion to the US economy and pay $1.5 billion in taxes, but this is rarely considered in discussions about Haitian immigrants. Moreover, in our recent report from Haitian Women for Haitian Refugees, we shared that through the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) Parole Program, a two-year humanitarian parole program, CHNV immigrants contributed an additional estimated $5.5 billion to the US economy annually through spending alone.
The February 3 verdict offered momentary relief for the 350,000 of us who have TPS status, but we must continue to fight tooth and nail for humanitarian protection. It remains to be seen whether the appellate or Supreme Court will grant the administration’s emergency appeal, and strip so many people of merited and necessary protections. Legislative efforts to protect TPS continue, with a discharge petition proposed by Rep. Ayanna Pressley (D-Mass.) with over 155 co-sponsors.
When we say we must continue to fight, we mean all of us. Anyone who says they are for justice and collective liberation must meet us on the streets and in the courtrooms as the next phase of our fight starts up to protect not only TPS, but to advocate for all forms of policy and practice that ensure Haitian migrants can be safe and thrive. Philanthropy must provide sustained support to our organizations because supporting Black migrant communities is a moral and social imperative, particularly for any institution that espouses a commitment to racial justice.
But above all, we must push back against white supremacy and fascism by finally recognizing that how we treat Haiti and Haitian immigrants, and really any group of people who occupy this paradoxical position of invisibility and hyper-visibility in our society, is a barometer of our commitment to collective liberation.
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