The Supreme Court appeared divided Wednesday on whether the Trump administration can end Temporary Protected Status (TPS) for hundreds of thousands of migrants, with several justices questioning the scope of judicial review over the program.
During oral arguments, some conservative justices suggested courts have limited authority to review decisions by the Department of Homeland Security, which administers the program, according to The Wall Street Journal, while Chief Justice John Roberts and Justice Amy Coney Barrett raised questions about whether proper procedures were followed.
TPS, created by Congress in 1990, allows qualifying migrants to remain in the United States and work legally when conditions in their home countries make return unsafe.
The administration has argued that decisions to grant or terminate TPS are entrusted to the executive branch and are not subject to court review, while challengers contend federal law requires specific procedural steps, including consultation with the State Department.
The case involves efforts to terminate TPS for about 350,000 people from Haiti and 6,000 from Syria. More people from additional countries could be affected.
A ruling is expected by early July.
Acting Immigration and Customs Enforcement Director Todd Lyons told Newsmax that enforcement would follow if TPS protections are lifted, emphasizing the agency's role in carrying out immigration law.
Lyons said individuals whose status is terminated would be considered in the country illegally and subject to removal under federal law.
"When someone's Temporary Protected Status is lifted, they are now illegal aliens," Lyons said in a prior interview, adding that ICE would "remove those criminal elements of our neighborhoods."
Lyons also said misuse of asylum and TPS programs can undermine the system for those seeking to enter the country legally, citing concerns about fraud and abuse.
He said enforcement actions would not be limited to specific locations and would be carried out wherever individuals are found to be in violation of immigration law following a change in status.
Lyons said the agency's mission is to enforce the law as written and remove individuals who do not have legal status, particularly those involved in criminal activity.
A divided U.S. appeals court in March refused to let the Trump administration revoke TPS for more than 350,000 Haitians to live and work in the U.S. and avoid being returned to their country.
A 2-1 vote from a panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected the administration's bid to pause a February ruling that blocked DHS from ending Haiti's TPS.
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