Supreme Court Backs Trump Administration on Temporary Protected Status

The Trump administration will now have the green light to terminate Temporary Protected Status (TPS) which protects around half a million immigrants from Haiti and Syria from the Supreme Court in the U.S. The 6-3 majority decision has given the Department of Homeland Security the power to terminate the humanitarian status, leaving many long-term residents in danger of being deported.

Temporary Protected Status is given to citizens from nations that are affected by civil unrest, war, or a disaster. This gives them legal status to stay and work in the U.S. during a time when conditions in their countries are unsafe. The current decision affects around 350,000 Haitian nationals and 6,000 Syrian nationals, and according to legal experts, it may affect other immigrants under TPS in the coming days.

Court Says TPS Decisions Are Not Subject to Judicial Review

The case revolved around the issue of whether federal courts have jurisdiction to determine whether there was abuse of discretion by the government in terminating TPS designation. In an opinion authored by a majority conservative Supreme Court, the court held that the law grants the executive wide discretion in making such decisions and that such decisions are not subject to judicial review.

Justice Samuel Alito authored the opinion for the majority, whereas Justice Elena Kagan dissented. Justice Kagan opined that the administration did not adhere to required procedures in terminating the protection, and therefore, the courts should have had jurisdiction to determine whether the procedures had been adhered to. Additionally, she cited public statements previously made regarding Haitian immigrants.

Haitian Communities in Springfield Face Uncertainty

The court’s decision has left Haitians residing in Springfield, Ohio with renewed uncertainty, as many Haitian immigrants have migrated to the area over the past few years and have made homes there as TPS recipients.

Community leaders, clergy, and immigrant groups noted their fear that the decision would leave many people facing separation and deportation back to countries that are still dealing with violence and turmoil. The decision has also brought renewed anxiety to Springfield residents that have already dealt with national attention on immigration issues.

Broader Impact on U.S. Immigration Policy

This decision by the Supreme Court has been seen as yet another victory for President Trump’s administration's immigration policy. The immigration advocates have warned that this decision might set a precedent and make it easier for the future administrations to terminate TPS for other nationalities.

If the affected immigrants do not get another legal immigration status, they will be vulnerable to deportation because of this decision. Other legal actions will be pursued by the organizations in favor of the affected immigrants and they have called on Congress for legislation for the protection of the TPS recipients.