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How Trump’s Big Day At SCOTUS Opens Door For Border Crackdown, Deportations
President Donald Trump scored major victories in two Supreme Court decisions issued Thursday that will allow him to ramp up his ongoing crackdown on the border and illegal immigration.
The high court ruled that the federal government could turn away migrants seeking asylum at ports of entry, rejecting arguments that federal law requires officials to process every migrant who arrives at the border seeking asylum. In a separate ruling, the court opened the door for the Trump administration to proceed with its plans to terminate the Temporary Protected Status (TPS) for 350,000 Haitian immigrants and 6,000 Syrians from deportation.
The court’s two 6-3 decisions were made along ideological lines.
In its decision on TPS, the court rejected claims that the Trump administration’s decisions with regards to Haitians specifically were based on racial animus.
“Citing statements made by President Trump and former Secretary of Homeland Security Kristi Noem, one set of respondents advances an equal protection claim that Haiti’s TPS designation was terminated because of the racial makeup of that country’s population,” Justice Samuel Alito wrote in the majority opinion.
“But, ironically, one of respondents’ other arguments undermines the equal protection claim by offering a strong, race-neutral explanation for Haiti’s termination: namely, that the current administration, which has terminated every TPS designation that has come up for renewal, simply opposes the TPS program, at least as it has been implemented in the past,” Alito added.
Both groups, who have been shielded from deportation for over a decade, now “have to leave” the United States since they will lose their legal status, Hans von Spakovsky, senior legal fellow at Advancing American Freedom, told The Daily Wire.
Many of the Haitian and Syrian nationals have yet to receive deportation orders and will likely remain in the United States until they are formally ordered removed by an immigration judge.
Former Immigration and Customs Enforcement (ICE) New York Field Office Deputy Director Scott Mechkowski said they’re not all yet targets of Trump’s mass deportation effort and that the process will take time.
“The cases get worked the way every other case gets worked, by priority, starting with criminal records and prior removal orders,” Mechkowski said.
Since Trump’s second term commenced, the president has sought to end TPS for 13 of the 17 countries with such protections. Only four — El Salvador, Lebanon, Sudan, and Ukraine — remain covered by the program, NPR reported.
White House border czar Tom Homan celebrated the ruling, saying the protections were abused.
“I’ve been doing this since 1984. TPS has never been temporary. That’s why the whole statute exists: temporarily give people protection while their country’s in turmoil or after they suffer a hurricane. The problem is no administration has had the guts to actually follow that statute,” Homan said.
In the court’s ruling on the border, federal authorities will be able to turn back asylum seekers who are in Mexico and don’t actually set foot on American soil.
“The consequences of this are if the administration closes the border … folks who are kept from crossing the line cannot make any claims that they’ve got a right to be in the United States,” von Spakovsky said.
“It literally means stepping over the border line between the two countries. If you are one foot across the U.S. border, you’ve arrived in the U.S.,” he added.
Traditionally, federal officers at the border screened migrants and generally allowed those who expressed a fear of persecution into the country for further processing. Even if the fear claim was rejected during an initial interview with an asylum officer, the migrant could choose to have their case heard in an immigration court.
“In ordinary speech, no one would say that a person ‘arrives in’ a place — for example, a house, a city, or a country — before the person enters that place,” Alito wrote in the majority opinion.
The Center for Immigration Studies’ Andrew “Art” Arthur, a former immigration judge, said the ruling “reaffirms the fact that we don’t have to let everybody in,” adding, “We do have the ability to actively keep them out.”
In response to an overwhelming influx of migrant crossings in 2016, the Obama administration began employing the practice of rejecting asylum seekers at the border through the process, which is known as “metering.” Lower courts eventually blocked the practice before Trump revived it, according to NPR.