Blue Brief 2025-2026

The State Department currently warns Americans against travel to both Syria and Haiti because of widespread violence, crime, terrorism, and kidnappings. Yet despite those continuing dangers, the Court’s decision permits the government to remove TPS protections from nationals of those countries with little opportunity for judicial intervention. Last year, the Supreme Court similarly

allowed the Trump administration, through its emergency docket, to strip TPS protections from more than 300,000 Venezuelans . The message of Mullin v. Doe is unmistakable: although Congress created TPS as a humanitarian safeguard, its continued existence depends less on judicial oversight than on the political choices of the Executive Branch.

Justin Brooks

UNIVERSITY OF SAN DIEGO SCHOOL OF LAW | Faculty Review of 2025-2026 U.S. Supreme Court Term | Page 7