Legal Challenges Block Trump Administration TPS Revocations

Legal advocates have launched new constitutional and jurisdictional challenges to prevent the Donald Trump administration from revoking Temporary Protected Status (TPS) for thousands of migrants from Syria, Haiti, Yemen, Ethiopia, South Sudan, and Burma. These efforts follow a June 25 Supreme Court of the United States ruling that limited the capacity of lower courts to block revocations based on procedural errors, though the court left the door open for constitutional challenges.

Migrants are now arguing under the 5th Amendment's Due Process Clause that these revocations unconstitutionally deprive them of liberty and property interests. Additionally, some advocates claim that Secretary of Homeland Security Kristi Noem lacked the legal authority to terminate the designations, asserting that such power resides with the attorney general.

While the White House maintains that the Supreme Court provided "full authority to terminate" these protections, federal judges in Boston and Chicago have issued temporary orders to maintain the status quo for migrants from Ethiopia, South Sudan, and Burma. The United States Department of Justice is currently fighting to lift these lower court orders to enable the deportation of TPS holders.