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Supreme Court to hear Trump’s bid to end TPS for Haiti and Syria


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Supreme Court to hear Trump’s bid to end TPS for Haiti and Syria

The Supreme Court announced Monday it will hear a consolidated case challenging President Donald Trump’s ability to end temporary protected status for Haiti and Syria next month, as lawsuits involving revocations of TPS continue to pile up.

The high court issued an unsigned order setting arguments for the consolidated case for sometime during the second week of its April sitting, meaning the justices could hear the case as early as April 27. The Supreme Court did not immediately halt the lower courts’ rulings blocking the administration from ending TPS for Syria and Haiti, despite twice previously allowing TPS to end for Venezuela in a separate emergency docket case.

The justices’ decision to take up the pair of TPS revocation challenges in a consolidated case comes after Solicitor General D. John Sauer asked the Supreme Court to consider taking up the cases for full argument. Those emergency petitions come as courts across the country issue conflicting rulings on the matter, with Sauer saying the justices “should break that cycle” by hearing a TPS case.

“Unless the Court resolves the merits of these challenges—issues that have now been ventilated in courts nationwide—this unsustainable cycle will repeat again and again, spawning more competing rulings and competing views of what to make of this Court’s interim orders,” Sauer wrote in the petition to allow the administration to end TPS for Haiti.

The Supreme Court twice halted a lower court’s attempt to block the Trump administration from ending TPS for Venezuela via its emergency docket last year. In both cases, the justices did not elaborate on their rationale for allowing TPS to be revoked in the interim.

The lack of explanation left the door open for lower courts to continue blocking the termination of TPS for other countries without technically running afoul of any specific guidance from the justices. With a ruling in the consolidated case, the lower courts will have firm guidance on how to deal with TPS challenges.

While federal law outlining TPS specifically notes that the Department of Homeland Security secretary’s decision on whether to revoke or extend TPS is unreviewable by courts, several federal judges have found a way to get around that statute by finding problems with the process the department followed to arrive at the TPS decisions. The Justice Department asked the Supreme Court to look at whether such court reviews of the process, to get around the fact that the law specifically strips courts of their role in reviewing TPS determinations, are lawful.

PRESSURE MOUNTS ON SUPREME COURT TO HEAR TRUMP BIDS TO END TEMPORARY IMMIGRATION PROTECTIONS

The Supreme Court set deadlines for the DOJ and those backing the administration to file their briefs by March 30, while the briefs by the groups suing the administration and allies of those parties are due by April 13. The exact oral argument date is expected to be scheduled in the coming weeks.

After the Supreme Court hears oral arguments in the case, a ruling by the justices is expected by the end of June or early July.



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