"The evidence they have offered includes statements by the President so repellent and racially inflected that the majority declines to put them in print," Kagan wrote.

Her dissent included when Trump said:

Haitians "probably have AIDS."

Haiti is a "shithole" country.

Haitians are "poisoning the blood" of America.

Haitian immigration is "like a death wish for our country."

Other statements resurfaced by Kagan included when Trump confirmed at a 2025 rally the remark he made during his first term, saying, "Why is it we only take people from shithole countries" like "Haiti [and] Somalia" and "Why cannot we have some people from Norway [and] Sweden?"

Justice Samuel Alito had written in the majority opinion that none of Trump's or former Homeland Security Secretary Kristi Noem's statements were "overtly racial" and that opposing TPS or describing difficult conditions in Haiti didn't necessarily reflect racial bias.