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The US Supreme Court has issued a landmark ruling in a 6-3 decision that limits the ability of federal courts to review the government’s decisions to terminate Temporary Protected Status (TPS) for Syria and Haiti. In a highly anticipated decision, the Court held that courts cannot review the executive branch’s determinations regarding TPS, effectively giving the government free rein to make such decisions.
The decision comes after a lawsuit filed by several individuals from Syria and Haiti who were seeking to challenge the Trump administration’s 2017 decision to terminate their TPS designations. TPS is a humanitarian program that allows certain foreign nationals who are in the US to remain in the country due to civil unrest or natural disasters in their home countries.
The plaintiffs argued that the government’s decision to terminate their TPS was motivated by racial discrimination, as it disproportionately affected individuals from certain countries with large immigrant populations, namely Haiti and Syria. However, the Court was largely unmoved by this argument, holding that the challengers’ claim was “unlikely to succeed” and that courts lack jurisdiction to review the executive branch’s decisions regarding TPS.
In a separate concurring opinion, Justice Brett Kavanaugh wrote that the Court’s decision “does not preclude the possibility that individuals with TPS may be able to bring other types of claims, such as claims of administrative or constitutional law violations.” However, many immigration advocates and advocacy groups have criticized the decision, arguing that it will further exacerbate the Trump administration’s efforts to restrict refugee admissions and deport vulnerable populations.
The ruling is likely to have far-reaching implications for TPS holders from Syria and Haiti, who have been living in the US under temporary protection for years. The decision means that many of these individuals may face deportation back to their home countries, where they may be subject to violence, persecution, or other forms of harm.
Immigration experts and advocacy groups have expressed disappointment and concern over the decision, arguing that it prioritizes the interests of the government over the welfare of vulnerable individuals. “Today’s decision is a devastating blow to the lives and livelihoods of thousands of immigrants who have called the US home for years,” said Rachel L. Roberts, senior policy counsel at the American Civil Liberties Union (ACLU). The organization and other advocacy groups have vowed to continue fighting for the rights and interests of TPS holders and other immigrant communities.