Trump finds partner in supreme court in his war against immigration

Supreme Court Permits Trump Administration to Terminate TPS Designations for Haiti and Syria, Expand Border and Deportation Authority

The Supreme Court issued three immigration-related decisions this week that expand executive authority in specific areas of immigration enforcement. On Thursday, the court allowed the administration to end temporary protected status for nationals of Haiti and Syria. The same day, it upheld a policy permitting border officials to prevent asylum seekers from entering U.S. territory at the southern border. On Tuesday, the court ruled that immigration authorities may place lawful permanent residents in removal proceedings based on certain criminal convictions without requiring clear and convincing evidence of moral turpitude at the initial stage.

These rulings were decided by 6-3 votes along ideological lines. The decisions address challenges to policies implemented or revived during the current administration. Temporary protected status, first created by Congress in 1990, allows the secretary of homeland security to designate countries experiencing armed conflict, environmental disaster, or other extraordinary conditions, granting work authorization and protection from removal to qualifying nationals. Haiti’s designation, first granted in 2010 after an earthquake, had been extended multiple times by prior administrations before termination proceedings began. Syria’s designation dates to 2012 amid civil war.

In the TPS case, Justice Samuel Alito wrote for the majority that statements attributed to President Trump regarding Haiti did not establish that the termination decisions were based on race. Alito pointed to the record showing that the Department of Homeland Security had terminated TPS for every country whose designation came up for review during the period, including nations in South America, Africa, the Middle East, and Asia. The plaintiffs had argued that the Haiti termination reflected improper considerations. Lower courts had reached differing conclusions on whether the administrative record demonstrated adequate statutory compliance.

The border metering policy, also permitted by Thursday’s ruling, allows officials to limit the number of asylum claims processed at ports of entry. Earlier versions of similar practices during the first Trump administration were associated with reports of migrants waiting in Mexican border cities, where some individuals, including minors, experienced medical difficulties or lacked immediate access to shelter. The policy does not alter statutory asylum eligibility but changes where and how claims may be initiated.

Tuesday’s decision addressed removal proceedings for green card holders. The court held that immigration judges and officers may rely on convictions for crimes involving moral turpitude to initiate proceedings without first establishing the facts by clear and convincing evidence at the charging stage. Lawful permanent residents who travel abroad can be subject to these proceedings upon return if the conviction qualifies under the statute.

The administration has also adjusted refugee admissions since January. Processing has been paused for most nationalities while remaining open for certain categories, including some white South Africans. Separate litigation challenged a pause on processing applications from nationals of 39 countries, primarily in Africa and the Middle East, for various immigration benefits; that pause was enjoined by a federal district court.

Advocates for TPS holders have urged Congress to enact new legislation extending protections. José Palma of the National TPS Alliance stated that termination affects individuals who have complied with renewal requirements, paid taxes, and maintained legal work authorization. Viles Dorsainvil of the Haitian Support Center, a TPS recipient, described uncertainty among families regarding future status. Approximately 350,000 Haitians and 4,000 Syrians currently hold TPS. Ahilan Arulanantham, counsel for Syrian plaintiffs, said the majority’s reasoning on the scope of terminations raises broader questions about how courts evaluate claims of selective enforcement.

A separate case pending before the court challenges the administration’s position on birthright citizenship for children born in the United States to parents present on temporary visas or without lawful status. The Constitution’s citizenship clause has been interpreted by courts since the 19th century to apply to nearly all persons born on U.S. soil, with limited historical exceptions.

The decisions leave in place mechanisms for Congress to modify TPS designations, asylum procedures, and removal grounds through legislation. Implementation details for the newly permitted policies will be set by the Department of Homeland Security and Customs and Border Protection.