US Supreme Court Backs Trump Immigration Crackdown, Puts 350,000 at Risk of Deportation
"TPS Can Be Ended," Court Rules
Supreme Court Also Upholds Blocking Asylum Seekers at the Border
As the U.S. Supreme Court has continued to support President Donald Trump's hardline immigration policies, approximately 356,000 immigrants now face the risk of deportation. The court allowed for the termination of Temporary Protected Status (TPS) for immigrants from Haiti and Syria, who had been permitted to reside and work in the U.S. on humanitarian grounds. In addition, the court upheld a policy that turns away asylum seekers at the U.S.-Mexico border, denying them entry to the United States.
According to the Wall Street Journal (WSJ) and the New York Times (NYT) on June 25 (local time), the Supreme Court, in a 6-3 decision along ideological lines, ruled that the Trump administration has the authority to end TPS for immigrants from Haiti and Syria.
TPS is a program that temporarily allows immigrants from countries facing war, natural disasters, or epidemics to reside and legally work in the U.S. It was introduced by Congress in a bipartisan effort in 1990. However, the Trump administration argued that the program had been repeatedly extended and was effectively operating as a permanent residency permit, and thus sought to scale it back.
This ruling opens the possibility of deportation for approximately 350,000 Haitians and about 6,100 Syrians. These individuals have been living and working legally in the U.S. under TPS, but if their protected status ends, it could affect not only their residency but also their work permits and driver's licenses.
However, whether deportation will proceed swiftly depends on whether the individuals already have deportation orders. The NYT reported that many TPS holders have not yet received deportation orders, so they may be able to challenge deportation in immigration court.
In writing the majority opinion, Justice Samuel Alito stated that the executive branch's decisions regarding the designation and termination of TPS are not subject to broad judicial review. He noted that the relevant statute explicitly excludes such decisions from judicial scrutiny, and described its language as "clear and very broad."
The Supreme Court also rejected arguments that the Trump administration's decision to terminate TPS was based on racial bias. The majority opinion stated that remarks by President Trump and administration officials were "not explicitly racial," and determined that they could be viewed as policy opinions.
On the other hand, the three progressive justices strongly dissented. In her dissenting opinion, Justice Elena Kagan referenced President Trump's derogatory remarks about Haiti and Haitian immigrants, criticizing these comments as racially charged. She also pointed out that the administration pushed through the TPS termination without sufficient consultation with relevant departments.
Separate Ruling Also Upholds Return of Asylum Seekers
On the same day, the Supreme Court issued a separate ruling in favor of the Trump administration. The court held that border authorities may turn away asylum seekers at the U.S.-Mexico border before they set foot on U.S. soil.
Under U.S. federal law, asylum seekers who have entered U.S. territory can apply for protection by asserting that they face a risk of persecution in their home countries. However, the Supreme Court determined that if border authorities physically prevent asylum seekers from entering U.S. territory, they cannot exercise that right. The WSJ referred to this as the "metering" policy, while the NYT called it the "turnback" policy.
In her dissent, Justice Sonia Sotomayor criticized the decision, arguing that the court had "shut the door" on people fleeing persecution. Immigrant advocacy groups also condemned the ruling, saying it undermines America's tradition of refugee protection.
Through these two rulings, the Supreme Court has broadly recognized President Trump's discretion in immigration policy. According to the WSJ, when President Trump was re-elected last year, about 1.3 million people from 17 countries were legally residing in the U.S. under TPS.
The Trump administration has sought to end TPS for 13 of those countries. The WSJ reported that the decision could impact TPS holders from not only Haiti and Syria, but also Afghanistan, Nepal, South Sudan, Venezuela, and other nations.
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Meanwhile, the Supreme Court is currently reviewing a series of major cases related to the Trump administration's immigration policies. A decision on the attempt to end birthright citizenship for children of undocumented immigrants is still pending.
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