implications

Advocates warn of wide-ranging implications of US Supreme Court TPS ruling | Migration News

The Supreme Court’s ruling allowing the administration of US President Donald Trump to do away with a special legal status for Haitians and Syrians has sent shockwaves through communities across the country.

Immigration advocates say the 6-3 majority decision allowing the Trump administration to terminate Temporary Protected Status (TPS) will have a resounding impact on nationals of Haiti and Syria, raising the spectre of deportation and family separation, while likely leaving US employers in the lurch.

Recommended Stories

list of 3 itemsend of list

But the ruling is set to have more far-reaching implications, advocates have warned, creating a new tool to “empower Trump’s ICE deportation machine to take away legal protections and work permits from hundreds of thousands of people”, according to Hector Sanchez Barba, the president of the Mi Familia Vota advocacy group.

“This has been a defining element of the Trump- [White House adviser Stephen] Miller campaign of cruelty, revoking legal or temporary status, taking away work permits and forcing immigration judges to dismiss cases to accelerate detentions and deportations,” Barba said in a statement following Thursday’s ruling.

Here’s what to know.

What does the ruling mean for Haitians and Syrians on TPS?

Temporary Protected Status (TPS) was created by Congress as part of the Immigration Act of 1990. It allowed the executive branch, particularly the Secretary of Homeland Security, to declare that it is unsafe for foreigners to return to their home countries in light of extraordinary temporary conditions, such as armed conflict, natural disasters or other internal crises.

When a country is designated under TPS, its nationals are granted temporary legal status to reside and work in the US.

Haiti was first designated for TPS following the devastating earthquake in 2010, which killed over 250,000 people. The status has been repeatedly renewed as the Caribbean nation has suffered overlapping political, security and humanitarian crises.

Syria has been designated for the status since 2012, after the start of the civil war which lasted almost 14 years.

All told, about 350,000 Haitians and about 6,000 Syrians are believed to be in this status.

Immigration advocates say the ruling will send TPS recipients scrambling to find other legal pathways to stay in the US or become deportable under Trump’s mass deportation drive.

Given that both countries have been designated for TPS for over a decade, the decision also raises the spectre of family separation, particularly for parents with children born in the US.

“Ending these protections for hundreds of thousands of Haitians and thousands of Syrians will tear families apart, disrupt workplaces and communities and place vulnerable individuals at risk,” Council on American Islamic Relations (CAIR) national executive director Nihad Awad said.

“Many TPS holders have lived in our nation for years, raised American children, built businesses, contributed to our economy and become integral members of their communities.”

What does it mean for US employers?

Several labour organisations and unions have underscored the impact the sudden change in status could have on US industries.

Neidi Dominguez, the executive director of Organized Power in Numbers, called the ruling a “gut punch that requires workers, immigrant communities and the employers who rely on them to hit back together through our organising”.

“They work in hospitality, food service, education, construction, health care and every industry,” Dominguez said. “These are our coworkers, our neighbours and the backbone of the economy across this country, from service to construction and healthcare.”

The healthcare industry is expected to be particularly hard-hit by the decision, with the Migration Policy Institute finding that Haitian immigrants held over 103,000 healthcare jobs in 2021.

“This unconscionable ruling will leave thousands more immigrants – not just registered nurses and healthcare workers, but also teachers, airport workers, hard-working people – vulnerable to the Trump administration’s deadly, money-making deportation machine,” the National Nurses United union said in a statement.

“This decision will further strain our healthcare workforce and worsen the nurse staffing crisis,” it said.

Why does this extend beyond Haitian and Syrian TPS?

Lower courts had previously ruled that the Trump administration did not follow proper procedures, including conducting an inter-agency review to determine that conditions in both countries had improved, in terminating TPS for Haiti and Syria.

But, as Aaron Reichlin-Melnick, a Senior Fellow at the American Immigration Council, explained, the Supreme Court’s majority ruling did not even address whether the Department of Homeland Security Secretary had followed the legally mandated procedures in terminating TPS.

“Rather, the Court said that questions of whether the DHS secretary followed the law cannot be heard by courts in the first place,” he wrote, “meaning that in the future even an openly unlawful decision to grant or terminate TPS could be entirely insulated from judicial review”.

The ruling will further allow the Trump administration to “return to federal court in other cases and overturn decisions ruling against the termination of TPS for countries such as Venezuela, Somalia, Ethiopia and others”, he added.

Angelica Sedgwick Oun, a US immigration researcher at Human Rights Watch, said the ruling “leaves the DHS secretary with unfettered power to make a life-and-death decision about whether it is safe enough to send someone back to a country facing rampant violence, like Haiti, or conflict, like Syria, without meaningfully consulting on human rights conditions there”.

What comes next?

Because the Supreme Court is the top appellate court in the US, there is little recourse available through the judiciary.

But an array of advocacy groups have called on Congress to intervene.

In a rare bipartisan move on immigration, the US House of Representatives in April passed an extension to Temporary Protected Status for Haitians until 2029. The Senate has not yet taken up the measure.

Others have called on Congress to pass legislation to assert a process for courts to review any TPS terminations.

Source link

Judge sides with Arizona election official in ruling that has implications for midterm voting

The top election official in Arizona’s most populous county will get more authority in running elections after a judge sided with his office in a prolonged legal fight with the local board that shares responsibility for overseeing the vote.

The decision could have broad implications in one of the nation’s most prominent battleground states, which will have several high-profile races this fall. Maricopa County, which includes Phoenix, has been roiled by election conspiracy theorists ever since President Trump lost the state to Democrat Joe Biden during his bid for reelection in 2020.

Justin Heap, the Republican recorder in Maricopa County, sued the predominantly Republican county board of supervisors last summer, alleging it had illegally taken control of certain aspects of election administration. Heap claimed the board transferred funding, IT staff and some key functions — including management of ballot drop boxes and establishing early voting sites — away from his office through an agreement negotiated with his predecessor, whom he had recently defeated in a GOP primary.

Maricopa County Superior Court Judge Scott Blaney mostly sided with Heap’s office in his ruling, which was filed Thursday but appeared on the public docket Friday. The board of supervisors “acted unlawfully and exceeded its statutory authority by seizing the Recorder’s personnel, systems and equipment and refusing to return them” to the recorder, he wrote.

Blaney also ruled that the recorder’s office is responsible for overseeing in-person early voting, among other duties, while the board is responsible for other operations, such as selecting election day voting locations, supplying polling locations and hiring poll workers.

“The Board’s assertion of plenary authority over election administration through its general supervisory powers is inconsistent with Arizona law,” the judge wrote.

Board Chairwoman Kate Brophy McGee said the board will consider an appeal.

“I disagree with other portions of the ruling, and I will explore all options with the Board of Supervisors, including an expeditious appeal,” McGee, a Republican, said in a statement. “From day one, the Board of Supervisors has provided Recorder Heap the resources and staffing needed to fulfill his statutory duties. We will continue to do so because voters always come first.”

In a statement, Heap praised the ruling as a “clear and decisive victory for the rule of law and for the voters of Maricopa County.”

“The court confirmed that the Board cannot override state law, use funding as leverage, or take control of election duties assigned to the Recorder,” Heap said. “This ruling restores both the authority and the resources necessary for my office to do its job.”

Heap, a former Republican state lawmaker, was elected in 2024 after unseating incumbent Stephen Richer in the GOP primary and defeating a Democratic candidate in the general election. In the past, Heap has stopped short of repeating false claims that the 2020 and 2022 elections were stolen but has said voters don’t trust the state’s voting system and that it’s poorly run.

False claims of fraud since the 2020 presidential election led to threats of violence against Richer and others in the Maricopa County elections office. Richer blamed Heap for contributing to an atmosphere of distrust and vitriol directed toward the office.

“He catered to the really ugly stuff that the people in that office had to live through,” Richer said of Heap, in an interview last month. “And he allied with people who were very much in the eye of the storm in terms of creating it.”

Once he took office, Heap terminated a previous agreement that was reached between Richer and the board that had revised how election operations were divided between the two offices. Heap filed his lawsuit with the backing of America First Legal, a conservative public interest group founded by Stephen Miller, now deputy chief of staff in the White House.

Kelety writes for the Associated Press.

Source link