SCOTUS Cases

There are a few upcoming arguments at the Supreme Court that impact immigration directly. First, in Mullin v. Doe (consolidated with Trump v. Miot), the question is whether the Trump administration can end the Temporary Protected Status (TPS) program for Syrian and Haitian nationals. Second, in Blanche v. Lau, the issue is whether to remove a lawful permanent resident who committed an offense listed in INA § 212(a)(2) [8 USC § 1182] and was subsequently paroled into the United States, the government must prove that it possessed clear and convincing evidence of the offense at the time of the lawful permanent resident's last reentry into the United States.

Regarding the TPS case, it is yet to be seen how the Supreme Court will decide on what limitations are placed on an administration wishing to terminate a TPS designation. Previously in the case of TPS for Venezuela, the Supreme Court's shadow docket was utilized by the Trump Administration to get around lower court rulings finding for the holders of TPS. The end result was that TPS for Venezuela was terminated leading to many Venezuelans being deported or voluntarily leaving the United States.