Trump appeals to Supremes to squash Biden-era immigration order

The Trump administration is targeting key immigration policies put in place by former President Joe Biden, urging the Supreme Court to overturn an order protecting thousands of migrants from Haiti.

In a filing on Wednesday, U.S. Solicitor General D. John Sauer pressed the U.S. Supreme Court to end an “unsustainable cycle” and overturn a lower court ruling that has prevented the administration from terminating the temporary protected status for about 350,000 Haitian migrants currently living in the U.S.

“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 said. “This court should break that cycle.”

According to Fox News:

The TPS program in question allows individuals from certain countries to live and work in the U.S. legally if they cannot work safely in their home country due to a disaster, armed conflict or other “extraordinary and temporary conditions.”

Haitians were first granted TPS status in 2010 after the devastating earthquake that killed more than 200,000 people and left some 1.5 million in the country homeless.

The protections were extended several times, including under the Biden administration in 2021 after the July assassination of Jovenel Moïse, Haiti’s last democratically elected president.

Last month, U.S. District Judge Ana Reyes criticized the administration’s “arbitrary and capricious” defense for terminating TPS designations for Haitians, saying, “The government cannot name a single concrete harm from maintaining the status quo.”

“And so instead it argues that the court’s decision is ‘an improper intrusion by a federal court into the workings of a coordinate branch of the government,” the Biden-appointee ruled.

Reyes also claimed that then-DHS Secretary Kristi Noem had failed to consider the “overwhelming evidence of present danger” in Haiti.

The February decision was blasted as “lawless activism” by Department of Homeland Security spokesperson Tricia McLaughlin.

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“Haiti’s TPS was granted following an earthquake that took place over 15 years ago,” she said. “It was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades.”

The Supreme Court has not yet signaled whether it will take up the Trump administration’s appeal.

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