One thing that needs to be noted up top, before getting into the specifics, is that there are two justices on the Supreme Court who always give Trump exactly what he wants. Those justices are Clarence Thomas (appointed by the elder George Bush) and Samuel Alito (appointed by the younger George W. Bush). It’s interesting that Trump got to appoint three justices during his first term, and they’re not the ones who give him everything he wants all the time. However, it also needs to be noted that all six Republican appointees–Chief Justice Roberts and Justices Alito, Thomas, Gorsuch, Kavanaugh, and Barrett–do give Trump most of what he wants most of the time.
On Thursday, June 25, the Supreme Court ruled that Trump’s Department of Homeland Security has the right to revoke Temporary Protected Status (TPS) from Haitian and Syrian migrants. Now at first glance, the ruling seems sound, because, like it or not, the statute creating TPS provided that there could be “no judicial review of any determination . . . with respect to the . . . termination” of any TPS migrant’s privilege of remaining in the country. However, the law also sets out procedures that must be followed, including consulting with other agencies to determine how safe it would be for migrants to return to their home countries, and those procedures were not followed. And actually, I have another thought as well: Can’t the Supreme Court use its power of judicial review to strike down the “no judicial review” provision in the statute?
Justice Samuel Alito (as noted above, one of Trump’s two steadfast loyalists on the Court) wrote the majority opinion. In it, he addressed the question being considered by the lower court of whether the reversal of TPS for Haitian migrants reflected racial prejudice, which would raise a constitutional issue of its own. He wrote that there was no evidence of any such prejudice affecting the administration’s decision. But Justice Elena Kagan (appointed by Obama), joined by Justices Sonia Sotomayor (appointed by Obama) and Ketanji Brown Jackson (appointed by Biden), begged to differ. Justice Kagan, in her dissenting opinion, wrote:
It is more than plausible: Even putting the clear-error standard aside, the Haiti plaintiffs have carried their burden. The evidence they have offered includes statements by the President so repellent and racially inflected that the majority declines to put them in print. (Indeed, one measure of the President’s way of speaking about Haitians is to compare it with the majority’s, which is unfailingly respectful. So here are some of those statements. Haitians are “eating the dogs . . . . They’re eating the cats. They’re eating—they’re eating the pets of the people that live [in Springfield, Ohio].” And: Haitians are also eating “other things too that they’re not supposed to be.” And: Haitians in the United States “probably have AIDS.” And: Haiti is a “shithole country,” which is “filthy, dirty, [and] disgusting.” And: Haitian immigration is “like a death wish for our country.” And: Haitians, along with some others, are “poisoning the blood” of our country. And: “Why is it we only take people from shithole countries” like “Haiti [and] Somalia”? “Why cannot we have some people from Norway [and] Sweden?”
The majority briefly replies that those remarks are not “overtly racial,” but it is hard to know what that means. Haitians are Black. (Norwegians and Swedes not so much.) The references—of filth, disease, and primitiveness—are shot through with racial stereotypes
and tropes…. The statements fairly shout, in their racial undertones and overtones alike, that race entered into the President’s resolve to remove Haitians from this country.
In reality, many Haitians in this country under TPS have been working in the health care field, including as home attendants and nursing home aides. If they are deported, this is going to create a staffing shortage in that area, among others.
But on Tuesday, June 30, three Republican appointees voted not to give Trump what he wants on birthright citizenship. The Fourteenth Amendment, ratified in 1868 soon after the Civil War ended, says, “All persons born or natural- ized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Trump issued an executive order last year saying that this does not apply to babies born to undocumented immigrants or immigrants with only temporary residency status. The Supreme Court finally issued its ruling on this matter, and Trump has lost. Conservative Justices Thomas, Kavanaugh, and Barrett joined with liberal Justices Kagan, Sotomayor, and Jackson to reaffirm that such persons are citizens.
Article at Scotus Blog on the TPS decision, June 25, 2026
Report on NPR about Haitian health care workers and the TPS decision, June 27, 2026
Full text of the TPS decision and dissent
Article at Scotus Blog on the birthright citizenship decision, June 29, 2026
