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The Supreme Court ruled 6-3 that the Trump administration can cut off temporary legal protections for thousands of Haitians and Syrians, deciding that federal judges have no authority to weigh in on many of the challengers’ claims.
It hands the president a major victory on his immigration crackdown. The Trump administration has sought to terminate more than a dozen countries from Temporary Protected Status (TPS), a program that allows citizens of designated countries to be protected from deportation and receive a pathway to work authorization.
“The TPS statute plainly bars consideration of respondents’ non-constitutional claims,” Justice Samuel Alito wrote for the majority.
As for their remaining claims, Alito said they are unlikely to succeed.
The three liberal justices dissented.
Created in 1990, TPS temporarily protects foreign nationals who cannot safely return to their home countries because of armed conflict, natural disaster or other extraordinary conditions. It prevents deportation and provides recipients with a pathway to work authorization.
Trump has taken aim at the program in his second term as part of his broader immigration crackdown. His Department of Homeland Security (DHS) accused the Biden administration of abusing the program.
The Trump administration so far has looked to terminate TPS for 13 of the 17 designated countries when the president retook office, arguing the countries no longer meet the criteria. The others are set to expire soon.
The DHS has argued that federal judges have no authority to second-guess the administration’s judgment and that lower courts have improperly stymied the plans.
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