The Trump administration’s decision to revoke Temporary Protected Status (TPS) for thousands of migrants from countries such as Syria, Haiti, and Yemen has sparked a wave of lawsuits across the country. TPS is a humanitarian program that allows individuals from certain countries to live and work in the United States due to ongoing conflict or natural disasters in their home countries.
Background
In late June, the Supreme Court ruled that lower courts do not have the power to review challenges to the Homeland Security secretary’s decision to end TPS for certain countries. However, the high court left the door open for TPS beneficiaries to bring constitutional challenges to the administration’s actions.
One such beneficiary is Dahlia Doe, a Syrian national who has been living in the United States since 2015. Doe is one of several Syrians who sued to keep the government from revoking TPS for nearly 4,000 others from the country. Doe told CNN that she feels stressed and uncertain about her future, but is determined to continue fighting for her right to stay in the United States.
Constitutional Challenges
Attorneys representing migrants from countries such as Yemen, South Sudan, and Ethiopia have filed new lawsuits challenging the administration’s decision to revoke TPS. They argue that the government’s actions would unconstitutionally deprive the migrants of their liberty and property interests. The lawsuits claim that the administration’s decision was not based on reasoned decision-making and flouted the law’s mandate that the secretary seek input from other parts of the government before removing deportation protections for migrants from a particular country.
Some attorneys are also arguing that the Department of Homeland Security does not have the authority to terminate TPS designations, and that this authority still lies with the attorney general. This argument is based on the idea that when the Department of Homeland Security was established, certain functions were moved from other agencies, but the power to revoke TPS designations was not among them.
Next Steps
The Trump administration has pushed back against these assertions, arguing that the Supreme Court’s decision confirms the secretary’s authority to terminate TPS designations. However, the administration’s efforts to quickly lift orders that prevented the termination of TPS have been met with resistance from judges, who have ruled to keep the designations in place for now.
As the litigation continues, thousands of migrants remain in limbo, unsure of their future in the United States. The outcome of these lawsuits will have significant implications for the migrants and their families, as well as for the future of the TPS program.
Original reporting: KRDO (Colorado Springs metro) — read the source article.