Supreme Court Dismantles TPS and Asylum Protections in Two 6-3 Rulings

 Posted on June 26, 2026 in Asylum

Yesterday, June 25, 2026, the U.S. Supreme Court issued two decisions that fundamentally reshape immigration law for millions of people. Both rulings favored the Trump administration 6-3. Together, they eliminate temporary protections for hundreds of thousands already in the United States and strip asylum access for migrants arriving at the southern border.

What Happened: The Two Rulings

Ruling 1: TPS Can Be Terminated (Mullin v. Doe)

The Supreme Court overturned lower court orders that had blocked the government's termination of Temporary Protected Status (TPS) for Haiti and Syria. The decision affects approximately 350,000 Haitians and 4,000 Syrians who are currently living and working legally in the United States.

Current Status:

Haiti's TPS remains valid temporarily. A lower court will issue a final decision within approximately one month that will likely end it. Syria's TPS termination remains in a different procedural posture, but this ruling clears the path for termination to proceed.

Why This Matters:

The Supreme Court rejected arguments that TPS terminations were arbitrary and capricious under the Administrative Procedure Act. The Court essentially held that the Secretary of Homeland Security has broad discretion to end TPS designations, even if the underlying country conditions cited in the termination notice do not reflect the true humanitarian situation on the ground. This ruling provides the government with a clear green light to terminate TPS for other countries as well. Currently, the administration is also attempting to terminate TPS for Afghanistan, Burma, Cameroon, Ethiopia, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Venezuela, and Yemen.

Ruling 2: Border Officials Can Reject Asylum Seekers Without Processing Them (Mullin v. Al Otro Lado)

The Supreme Court upheld a practice called "metering." Under this policy, U.S. Customs and Border Protection (CBP) officers stationed at the borderline turn away people attempting to seek asylum at ports of entry without allowing them to formally enter the United States or access the asylum system.

How Metering Works:

CBP officers position themselves at the physical border and prevent people from stepping onto U.S. soil. Those seeking asylum are told to join a queue on the Mexican side of the border and wait for their turn to be processed. In practice, this queue has extended for months or years, and capacity restrictions have left many people waiting indefinitely.

The Legal Issue:

U.S. law provides that anyone "arriving in" the United States can apply for asylum. The statute requires CBP to "inspect" anyone who arrives to determine if they should be admitted. A lower court ruled that being physically present at a port of entry constitutes "arrival" and therefore triggers the right to asylum processing. The Supreme Court disagreed. The Court held that CBP can stop people before they physically cross the border and prevent them from ever formally arriving at all.

Consequences:

This decision incentivizes migrants to cross the border illegally, because waiting months in Mexico at a port of entry is too dangerous. This is not theoretical. The Department of Homeland Security's Office of Inspector General found in 2020 that CBP officers routinely turned away asylum seekers despite empty processing cells and ample capacity. The practice did not result from resource constraints; it was policy.

What This Means for TPS Holders

If you hold TPS for Haiti or Syria, your status remains valid for now. But the termination clock has started. You should take the following steps immediately:

1. Consult with an immigration attorney about your options before TPS ends. Some TPS holders may qualify for asylum, and you can apply for asylum while TPS is still valid.
2. Update your employment authorization document (work permit) if it is expiring soon. Confirm the expiration date on your current permit.
3. Do not travel outside the United States unless absolutely necessary. Even if your TPS is currently valid, re-entry could be complicated during this transition period.
4. Explore other forms of relief if available. Asylum is the most viable option for those who fled persecution or violence. Other relief may be available depending on your individual circumstances.

TPS holders who also qualify for asylum should strongly consider filing an asylum application before TPS ends. Unlike TPS, asylum can lead to permanent status (lawful permanent resident and eventually citizenship) if approved.

If you hold TPS for other countries (El Salvador, Lebanon, Sudan, Ukraine, etc.), your status is not immediately affected by this ruling. However, the administration has signaled its intent to terminate TPS for additional countries. The same strategic planning applies: explore asylum or other forms of permanent relief now, before TPS ends.

What This Means for Asylum Seekers at the Border

The metering ruling eliminates the requirement that CBP process asylum seekers who present themselves at ports of entry. Going forward, CBP can prevent asylum seekers from formally entering the United States at all.

This decision does not change the statute itself. U.S. law still permits anyone physically present in the United States to apply for asylum. But the Supreme Court has endorsed a practice that prevents people from ever reaching that legal status.

For asylum seekers arriving at the southern border, the practical implication is dire: the metering policy is now legally sanctioned, and CBP can resume turning people away without processing their asylum claims. This reverses years of litigation and policy efforts to ensure access to the asylum system.

The Connection: A Systematic Dismantling of Protection

These two rulings work in tandem. Together, they signal that immigration protections in the United States are increasingly temporary and discretionary rather than statutory rights.

TPS holders who have built lives in the United States over years or decades—working, paying taxes, raising families—now face deportation at the government's discretion. Asylum seekers attempting to access the legal asylum system at designated ports of entry can be turned away entirely. The statutory right to asylum, which survived 40 years of immigration law, has been subordinated to executive discretion in practice.

What You Should Do

If you or a family member is affected, do not wait.

For TPS Holders:

Contact an immigration attorney this week. The window to file for asylum or explore other relief is narrowing. Decisions made now determine whether you can remain legally in the United States or face deportation.

For Asylum Seekers:

If you are considering presenting at a U.S. port of entry to seek asylum, understand that you may be turned away without a hearing or opportunity to explain your claim. The risks have increased substantially. This is not a decision to make without legal counsel.

For Mixed-Status Families:

If family members have different immigration statuses, termination of one person's TPS can destabilize the entire household. Family-based immigration relief may be available, but options depend on the mix of statuses and relationships involved.

What Comes Next

The Supreme Court decision does not immediately end TPS for Haiti or Syria. A lower court must issue a final order, which is expected within one month. Additional litigation may follow. However, the legal path forward for defending TPS or asylum rights has narrowed significantly.

At Hafey and Karim, we are prepared to help TPS holders explore all available options before their status ends. We represent clients in asylum cases at every stage, and we understand the urgency of the current moment. Contact us to discuss your situation.

The information provided here is general legal information, not legal advice. Immigration law is fact-specific and highly individual. Consult with a qualified immigration attorney about your specific circumstances before taking any action.