Inside the fights to maintain TPS status for thousands after the Supreme Court sided with Trump
Key Points:
- Following the Supreme Court's ruling limiting lower courts' ability to block the Trump administration's revocation of Temporary Protected Status (TPS), legal efforts have intensified to challenge the termination of protections for Syrians and other migrants from war-torn countries.
- New lawsuits are focusing on constitutional claims under the Fifth Amendment's Due Process Clause, arguing that the government's termination of TPS deprives migrants of liberty and property interests without proper procedures.
- Advocates are also contesting whether the Department of Homeland Security secretary had the authority to revoke TPS designations, asserting that this power belongs to the attorney general, raising ultra vires claims.
- Several federal judges have temporarily maintained TPS protections for migrants from Ethiopia, South Sudan, and Burma while considering new legal arguments, delaying the administration's plans for deportations.
- Haitian TPS holders are pursuing discovery to seek evidence of discriminatory motives behind the revocation of their protections, following a lower court's finding of racial animus linked to President Trump's public statements.