Donald Trump’s Decision on TPS: What Should Immigrants Know?
Can Donald Trump end Temporary Protected Status (TPS) for immigrants? We receive this question every day.
Even before the U.S. presidential elections, candidate Donald Trump had already announced that he would end TPS for Haitians as well as for several other countries. When the far-right Republican leader was elected president, many people panicked due to his stance on immigration. In fact, a significant part of Trump’s campaign was built on attacking Haitians in the United States and the TPS program.
Now, to answer the initial question: the simplest answer is “No.” But?
This might surprise you, given the extensive powers of a U.S. president. How could he not end an immigration program? Let me first explain the “No” before coming back to the “But.”
The Role of Congress in Establishing TPS
It was the U.S. Congress that passed the TPS law on December 5, 1990. That year, 17 countries, including Haiti, benefited from this decision.
The reasoning behind this vote was linked to political instability, humanitarian disasters, and other factors that justified granting TPS to these countries.
Here’s what Congress stated at the time:
“When civil unrest, violence, or natural disasters occur in multiple countries worldwide, concerns arise about the ability of certain foreign nationals already present in the United States to return safely to their home country. The Immigration and Nationality Act (INA) provides for Temporary Protected Status (TPS) and other forms of protection against deportation in specific circumstances.” – (U.S. Congress)
The President’s Role in Enforcing the Law
According to Article I, Section 3 of the U.S. Constitution, the president has the authority to enforce laws passed by Congress. This means that the president must execute the laws enacted by Congress. The Constitution also grants the president the right to veto a newly passed law. However, if a two-thirds majority in Congress votes in favor of the law, no presidential veto can prevent it from taking effect.
Additionally, the Constitution states that a president cannot refuse to enforce a law simply because he dislikes it. If a president disagrees with a law, he can lobby Congress to try to amend it.
TPS and Presidential Authority
There are different types of laws passed by Congress. Some grant the president the power to act, while others allow him the choice of whether to act. The TPS law falls into this second category. It gives the president the authority to designate a country for TPS after an evaluation conducted by multiple departments, including the Department of Homeland Security, State Department, and Department of Defense, among others. Several U.S. presidents have used this provision to grant TPS to nationals of various countries.
- In 1990, President George H.W. Bush used this law to grant TPS to Haitians due to the country’s political turmoil at the time.
- When Bill Clinton took office in 1992, he maintained Haiti’s TPS status because the conditions that justified it had not improved.
- George W. Bush continued the program as Haiti’s situation remained dire.
- Barack Obama followed suit, especially after the devastating 2010 earthquake, which exacerbated the country’s ongoing crises.
However, when Donald Trump took office in 2017, he quickly moved to terminate TPS for Haiti. A federal judge temporarily blocked his decision, pending a review of its legal validity. It is important to note that Trump’s term ended before this temporary suspension was lifted, and the case remained in litigation.
In 2021, after winning the election, President Joe Biden immediately reinstated TPS for Haitians present in the United States and dropped the ongoing legal proceedings. The latest TPS extension took place in 2024 when President Biden redesignated Haiti for the program. This decision allowed more than 320,000 Haitians, including those who benefited from the humanitarian parole program, to obtain temporary protection. This means that currently, approximately 600,000 Haitians have TPS.
In 2024, Donald Trump was re-elected. As soon as he returned to the White House, he intensified his repressive policy against Haitians. This time, he decided to reduce the TPS duration granted by Biden by six months while preparing for its complete cancellation. But don’t forget what I told you: the law states that a law passed by Congress can only be repealed by another law.
Now that I have explained the “No,” let’s move on to explaining the “But.”
The explanation of the “But” has two parts:
If Donald Trump wants to eliminate TPS, he would first need to obtain a vote in the House of Representatives to repeal the law, followed by approval from the Senate. In the House of Representatives, a simple majority is sufficient to pass the measure. While difficult, it is not impossible, as Republicans hold the majority there. However, in the Senate, even though Republicans also hold the majority, internal rules and the Constitution require an absolute majority for this type of law. However, Republicans have only 53 senators and would need the support of 14 Democrats to reach the required majority, which is nearly impossible.
There is, however, a procedure called “reconciliation,” which would allow bypassing this requirement and voting with a simple majority. However, this procedure must be approved by the “Parliamentarian,” an expert in parliamentary law appointed by both parties in the Senate. We will not dwell too much on this function.
The second way Trump could eliminate TPS would be through the Supreme Court, which could rule that this law is unconstitutional. This scenario is not impossible, as the Supreme Court is currently dominated by conservative judges appointed by Republican presidents, even though they do not officially declare themselves as Republican or Democrat.
Experience shows that this Supreme Court could make such a decision. However, the process would take a long time, and it is possible that Trump would no longer be president by the time a final decision is made.
What should TPS holders do?
Based on past decisions regarding TPS in 2017, I believe—and this is only my opinion—that a judge could once again suspend the Trump administration’s decision to cancel TPS while awaiting a final ruling. This means that those who benefit from TPS would have to wait, hoping that the courts rule in their favor or that the case remains unresolved until another president, less hostile to Haitians, replaces Trump in the White House.
The process will be long, but it is the least painful option for immigrants like you, like me, and like so many others who depend on TPS.
My advice for you, your family, and/or your friends who benefit from TPS is to stay calm. Do not panic or rush to Canada, as the situation there is no longer the same as in 2017. This is exactly what the Trump administration expects from you: that in a panic, you leave the United States, allowing them to claim that they have expelled a large number of people, as they had promised. You must absolutely avoid fleeing the rain only to fall into the river. Do not make hasty decisions, but always remain vigilant.
