Even Without Birthright Citizenship, Supreme Court Co-Signs Much of Trump’s Immigration Agenda

Over the past year and a half, the Trump administration has turned repeatedly to the Supreme Court for clearance on its sweeping immigration enforcement plans. While the administration lost its bid this week to do away with birthright citizenship by executive order, its strategy has, in large part, been a success.

In a White House news release listing 60 actions the administration has taken as part of its America First agenda to restrict immigration, the first four actions were decisions by the Supreme Court.

After the court ruled in June that President Trump can, without judicial review, end temporary legal protections for hundreds of thousands of immigrants, his administration celebrated the ruling as a “major victory for American sovereignty.”

The list of accomplishments also noted that the high court had granted immigration officers greater leeway to remove green card holders who are accused but not convicted of crimes; allowed the administration to limit how many people can apply for asylum; and gave it the green light to continue deporting immigrants to third-party countries where they have no connection.

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The court’s term that ended last week is the most robust judicial affirmation of executive power over immigration in the court’s history, said Muzaffar Chishti, a senior fellow at the Migration Policy Institute, a nonpartisan think tank. Chishti said the rulings signify that future presidents could continue to change immigration policies at their discretion.

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One of Trump’s earliest wins since returning to the White House came last September, when the Supreme Court affirmed that immigration agents can stop anyone they suspect of being in the country illegally on the basis of their perceived race and ethnicity, job or the language they speak.

Afterward, federal officials launched enforcement operations in Chicago, North Carolina and Minneapolis, using increasingly aggressive tactics until two U.S. citizens were shot and killed by immigration agents in January and the administration shifted course.

The Supreme Court’s rulings have landed with particular force in South Florida, which is home to the largest share of Venezuelan immigrants in the country.

The end of Temporary Protected Status — a program intended to protect people in the event of a natural disaster — heightened concerns about deportation to a country that is reeling after twin earthquakes from June 24. More than 100 Venezuelans deported from the U.S. hours before the disaster are among those missing.

Some Florida Republicans called on the administration to renew the legal protections for Venezuelans in the U.S.

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Immigrants from El Salvador are now holding their breath for an upcoming decision on their TPS designation, which is set to expire Sept. 9.

About 1.3 million people from 17 countries were enrolled in the program when Trump took office last year. The administration has already terminated TPS for many of them, and the Supreme Court’s decision last week, which concerned Haitians and Syrians, clears the way for federal officials to continue.

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More immigration-related cases are among those in the Supreme Court’s docket starting in October and could offer further expansions of executive power.

One case concerns more than 50,000 petitions filed in federal courts in hopes of obtaining the release of detained immigrants. Those petitions ballooned after the administration began limiting the ability of many immigrants to seek release through bond hearings in immigration court.

The administration is expected to put up a fierce defense.