In a case challenging the termination of Haiti’s temporary protected status (TPS) designation, the U.S. Supreme Court ruled that the constitutional claim likely will fail.
A strong, race-neutral explanation for Haiti’s termination that undermines the equal protection claim is that the Trump administration has terminated every TPS designation that has come up for renewal, the Supreme Court noted. The administration “simply opposes the TPS program,” it stated.
Executive Branch’s Role Examined
Congress created TPS in 1990 to provide short-term humanitarian relief for migrants who cannot safely return to their home countries due to events such as armed conflict or natural disaster, the Supreme Court said in an opinion written by Justice Samuel Alito Jr.
The executive branch has discretion over whether to designate a country for TPS, the Supreme Court noted. Once a country has a TPS designation, certain nationals of that country living in the U.S. without another lawful immigration status qualify for work authorization and immunity from removal.
Another notable feature of TPS is that the government is required by statute to terminate a country’s TPS designation if the secretary of Homeland Security determines the country no longer continues to meet the conditions for designation, the court stated. The secretary is supposed to review each TPS designation at least every 18 months. If no action is taken by the secretary, the TPS designation automatically extends for another six...
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