A group of Haitian citizens asked the US Supreme Court to throw out a case that could determine their legal status, pointing to what they say are newly discovered documents showing false statements and improper political meddling by the Trump administration.
The documents show a political appointee rejected a memo recommending extension of Temporary Protected Status for Haitian migrants and instructed US Citizenship and Immigration Services employees to “address edits given verbally,” according to a filing to the court on Tuesday. A revised version of the memo then recommended termination of the program, the filing claims.
They also show then-Homeland Security Secretary Kristi Noem didn’t consult with the State Department before making the decision to end TPS for Haitians, despite claiming otherwise in a press release, according to attorneys representing a group of Haitian citizens in the case.
The TPS case is one of 20 decisions the court is expected to hand down in the next two weeks, and one of several cases testing the executive branch’s immigration powers the court heard this term.
Haitian citizens fighting termination of their TPS status have argued Noem didn’t follow a statute requiring her to consult with “appropriate agencies of the government” before making the decision to end the program.
According to the filing, the documents were obtained after the justices heard arguments April 29 in two cases asking whether racial animus motivated the administration’s efforts to end TPS for Haitian and Syrian migrants.
Terminating the program, which allows citizens of designated countries that have experienced natural disasters or armed conflict to live and work in the US, could make more than 300,000 Haitian and Syrian nationals eligible for deportation.
Attorneys from Bryan Cave Leighton Paisner LLP representing the Haitian citizens say the Supreme Court should dismiss the case as improvidently granted and allow it to develop further in the lower courts, which blocked termination of the program.
While uncommon, the court does occasionally dismiss cases after hearing arguments if it determines there are jurisdictional defects or it makes a poor vehicle to decide the underlying question. The court in May dismissed a case dealing with multiple IQ tests in death penalty cases without issuing a decision.
The cases are Noem v. Doe, U.S., No. 25-1083 and Trump v. Miot, U.S., No. 25-1084, argued on 4/29/26.
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