The U.S. Supreme Court ruled against a challenge to the Trump administration's decision to end temporary protected status (TPS) for Haitian refugees and others protected under the program.
The court ruled 6-3 along ideological lines in a case challenging the decision by former U.S. Secretary of Homeland Security Kristi Noem to end TPS for Syrian and Haitian nationals. Haitian refugees in Springfield were the subject of racist attacks by Trump as he campaigned for a second term as president in 2024.
The court ruled that the impacts of the end of TPS will take effect immediately, essentially designating the refugees as undocumented immigrants without protection from deportation.
Justice Samuel Alito in his majority opinion wrote that there is no mechanism for judicial review allowed under the temporary protected status program. He also wrote that challenges to the constitutionality of the removal of TPS status is allowed, such as under the Equal Protection Clause of the 14th Amendment, but that such efforts would "likely fail."
Alito, in regards to arguments that Trump and Noem made racially charged statements said that "none of the cited statements by either the President or the Secretary was overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications."
Alito was referring to statements the two made after Trump took office after the decision to end TPS was made. He said that in viewing all the relevant evidence, those arguing in favor of keeping TPS for the refugees "are unlikely to prove that race was a motivating factor in the decision to terminate Haiti’s TPS designation, and it follows that they are not entitled to interim relief on their equal protection claim."
Alito repeatedly referred to the refugees as "aliens" in his ruling.
The decision is likely to impact tens of thousands of Haitian refugees in Springfield and Columbus. A key date upcoming, according to advocates that have aided Haitian refugees in Ohio, is July 6 when those without TPS status would no longer be able to apply for or renew a driver's license. It also impacts work permits that allow the refugees to seek employment.
Justice Elena Kagan authored a dissent of the majority opinion and was joined by Justices Sonia Sotomayor and Ketanji Brown-Jackson.
Kagan cited statements made by Trump and Noem calling Haiti a "shithole country," that Haitians in Springfield were eating cats and dogs, and that Haitians and others were "poisoning the blood" of the country.
"[T]he evidence is there, plain to see, in the President’s statements, which the majority (and for that matter, his own lawyers) cannot even bear to repeat," Kagan wrote.
"The references—of filth, disease, and primitiveness—are shot through with racial stereotypes and tropes. It is hard to imagine the statements being made today of any White community," Kagan said.
Justice Clarence Thomas also authored an opinion, agreeing with Alito, but wanting to take the ruling a step further. Thomas said he believes undocumented immigrants have no protections under the Equal Protection Clause of the 14th Amendment.
Advocates for Haitians in Columbus and Springfield react to ruling
Viles Dorsainvil with the Haitian Support Center in Springfield was one of the lead plaintiffs on the case challenging Trump's decision to end TPS. Dorsainvil and others in Springfield said on a Zoom call after the ruling that the decision creates uncertainty around work permits, housing, education and whether ICE will deport people.
Dorsainvil was on TPS himself while also seeking a master's degree from Wright State University. Dorsainvil said the community will try to navigate this together, but that won't stop the consequences of this ruling.
"That won't prevent ICE to deport folks. That won't prevent ICE to separate families. And we know a lot of things are awaiting us now that we will have to make sure that we are ready for this," Dorsainvil said.
The advocates say the ruling means Immigration and Customs Enforcement could begin arresting and detaining the migrant refugees. Pastor Carl Ruby with Central Christian Church in Springfield said he's already discussed what could happen with ICE officials.
"They have told us to our face that that is what their plan is to use a carrot and stick approach that makes life so unbearable that people will leave on their own. So that effectively started with this decision and the massive job loss that has hit our city just today," Ruby said.
Springfield, with a population of approximately 58,000 people, is home to roughly 10,000 Haitian refugees.
Just 40 miles east, Columbus also has a sizeable Haitian community. Marc Fequiere, the director of the Haitian Community Network in the state's capital city, estimates there are between 18,000 and 20,000 Haitian refugees in Columbus with another 30,000 that are here legally.
Fequiere himself is a U.S. Citizen and has been fielding calls all day since the decision came down, trying to help people navigate its consequences.
"Going back home to Haiti is kind of not an option, or it's really the very last option people are looking at because to some people it's a suicide mission going back there, because a lot of people sold and left everything they had." Fequiere said.
Fequiere said his organization is telling people calling his organization that they need to begin planning their next move.
"Once the government puts a stop to their statuses, so there's nothing making... they won't be able to drive, they won't be able to do any legal activities using their education, work permits will be cancelled," he said.
Fequiere echoed the Springfield advocates about the impact this could have on cities like Columbus and Springfield. He said the refugees being forced out of the country won't just impact the Haitian community.
"It's something that's going to impact the whole city or the whole community or wherever they live because they are hardworking people and they spend their lives trying to build something for their homes and for the kids and for their family," Fequiere said.
DeWine, community organizations, oppose removing Haitians following SCOTUS ruling
In a statement, Ohio Governor Mike DeWine said removing these individuals from the U.S. is a mistake.
"As a result of today’s ruling, the over 10,000 Haitians who have been living in Ohio (mostly in the Springfield area) legally through TPS will now be here illegally and will be subject to immediate deportation," DeWine said. "This also means that while these Haitians were working and contributing to our community and economy yesterday, today it is now illegal to employ them."
DeWine pointed to the conditions in Haiti, saying it could hardly be much worse. He said violent gangs run most of the country, the government barely functions and, the economy is in shambles.
"Further, our federal government has an advisory against traveling to Haiti, and our Federal Aviation Administration prohibits U.S. carriers from flying there because of the danger to planes of being shot at by the gangs," DeWine said. "But, more importantly, changing the immigration status of these individuals is not in the best interest of the United States nor Ohio."
Several community organizations serving immigrants and refugees also chimed in after the ruling.
Angie Plummer, the executive director of Community Refugee and Immigration Services in Columbus, said in a statement the decision strips away stability for thousands of families who live in Columbus raising families, opening businesses and filling critical roles in our manufacturing and healthcare sectors.
"These are not strangers. They are our coworkers, our classmates, our friends. They are our community," Plummer said.
Like DeWine, Plummer says the conditions in Haiti are dangerous and noted the U.S. State Department itself warns against any travel there, citing kidnapping, violence, and a near-total collapse of basic safety and governance.
"This decision puts families, livelihoods, and our local economy at risk. But Columbus has always been a city that takes care of its own. That will not change today," Plummer said.
Lynn Tramonte, the executive director of the Ohio Immigrant Alliance, said in a statement she is trying to reach state political leaders like DeWine and U.S. Senators Bernie Moreno and Jon Husted to address the impacts of the ruling.
"The only thing to do right now is figure out Plan B. You cannot let Haitian-Ohioans be deported to a country where they will be killed. They are our family members, co-workers, friends, and neighbors. They are our people now. You cannot sit back and let this happen. You have power. Use it to be leaders now," Tramonte said.
Moreno said in a post on X that the ruling affirmed what he believes is "common sense."
"(It is) what I’ve been sayings for three years: TEMPORARY protective status is temporary," Moreno wrote.
Husted's office didn't issue a statement on the TPS ruling, but did applaud a different SCOTUS ruling in a post on X that migrants that show up to the U.S. southern border are not automatically considered asylum seekers under U.S. law.
Husted's opponent in November's election, former U.S. Senator Sherrod Brown, said in a statement the ruling is wrong and a devastating blow to the thousands of families who have built their lives in Ohio.
"I agree with Governor DeWine and the majority of Ohioans who recognize that the Haitian community plays a key role in helping our local economies thrive. As the cost of gas, groceries, and utilities continue to soar, we should be focused on increasing economic opportunity for all Ohioans, not setting working families back further," Brown said.
WOSU reached out to Columbus Mayor Andrew Ginther's office but didn't receive a response.
