Conservative justices on the Supreme Court showed signs of leaning towards blocking Trump’s effort to deport millions of immigrants.
Politico reportedon Wednesday that Chief Justice John Roberts and Trump-appointed Justice Amy Coney Barrett “seemed like possible conservative votes” that will side with advocates for Haitian and Syrian immigrants with Temporary Protected Status (TPS).
More than a million immigrants could avoid deportation if two Supreme Court justices block the Trump administration’s efforts to end TPS for Haitians and Syrians, Politico noted.
TPS allowed immigrants from specific countries facing disaster or major unrest to enter the United States. The case that Supreme Court justices heard on Wednesday focused on Haitians and Syrians who lost TPS, but the Trump administration cut access to the program for 11 other countries as well, according to Politico.
Advocates seeking to return TPS access to Haitians and Syrians argue that the Department of Homeland Security and its former head, Kristi Noem, “failed to adequately consult with the State Department before concluding” the program, Politico reported. Advocates argued that DHS should have made sure it was safe for those TPS recipients to return before shutting it down.
Roberts had previously voted down efforts to end Obama-era programs protecting immigrants from deportation. In those votes, he “seized on a flawed process to invalidate the administration moves,” Politico noted.
In oral arguments on Wednesday, Barrett asked immigrant advocates how helpful it would be for migrants if the Supreme Court upheld TPS and reversed Noem’s move. Advocate Ahilan Arulanantham said that blocking Noem’s move would force DHS to consult the State Department on similar moves in the future.
A decision is expected to come down in June, according to Politico.
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