{"id":694,"date":"2026-06-26T17:37:04","date_gmt":"2026-06-26T17:37:04","guid":{"rendered":"https:\/\/cityrelocationnews.com\/?p=694"},"modified":"2026-06-26T17:37:04","modified_gmt":"2026-06-26T17:37:04","slug":"the-supreme-court-enables-trumps-cruel-immigration-agenda","status":"publish","type":"post","link":"https:\/\/cityrelocationnews.com\/?p=694","title":{"rendered":"The Supreme Court Enables Trump\u2019s Cruel Immigration Agenda"},"content":{"rendered":"
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In May, 1939, more than nine hundred Jewish refugees sailed aboard the M.S. St. Louis from Hamburg, seeking refuge from Nazi persecution\u2014first arriving in Cuba, then, after most were denied entry, in the United States. The ship came so close that passengers could see the lights of Miami, but it was forced to return to Europe, where more than two hundred and fifty of the passengers eventually died in the Holocaust, in death camps like Auschwitz and Sobib\u00f3r, or while hiding from the Nazis. In the aftermath of this humanitarian tragedy, the United States took steps\u2014or so lawmakers thought\u2014to prevent it from happening again, ultimately writing asylum protections into federal law. Supreme Court Justice Sonia Sotomayor, dissenting Thursday in a Supreme Court ruling that allows immigration authorities to evade these protections, invoked the memory of the St. Louis to underscore the cruelty of the majority\u2019s approach.<\/p>\n

Read more The Israeli Employers Who Want to Bring Palestinian Workers Back<\/a><\/p>\n

\u201cCongress passed the Refugee Act in 1980 because it did not want this country to repeat the mistakes of its past,\u201d Sotomayor wrote, joined only by the court\u2019s two other liberals, Justices Elena Kagan and Ketanji Brown Jackson. \u201cYet if the refugees on the M.S. St. Louis were to walk up to a port of entry on our southern border today, the majority\u2019s interpretation would allow immigration officers to refuse even to consider their asylum applications by physically blocking them from stepping foot onto U. S. soil. The majority\u2019s interpretation permits the Government to do that even if the refugees complied with all applicable laws and regulations, even if the port had ample capacity to inspect them, and even if turning them back would result in the very persecution from which they narrowly escaped.\u201d<\/p>\n

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The decision in Mullin v. Al Otro Lado was part of a pair of immigration rulings in which the six conservative Justices, professing judicial restraint and careful adherence to statutory text, sided with the Trump Administration\u2019s efforts to prevent migrants from entering the country and to expel hundreds of thousands of others who are lawfully here. The Al Otro Lado case, which sparked Sotomayor\u2019s anguished dissent, involved the Administration\u2019s bid to avoid processing asylum claims. The Trump Administration claimed, and the Court majority agreed, that it could sidestep the language of the asylum law\u2014which allows anyone who \u201carrives in the United States\u201d to claim legal protection\u2014simply by preventing asylum seekers who arrive at the border from setting foot in the country. (A version of the policy began during the Obama Administration, when a surge of Haitian migrants at the Mexican border led officials to begin \u201cmetering\u201d the number of asylum applicants admitted for processing. It was expanded during Trump\u2019s first term but suspended in 2021, by the Biden Administration.)<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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\u201cThis case presents a straightforward question: whether an alien who seeks to enter the United States from Mexico \u2018arrives in<\/em> the United States when he or she is still in<\/em> Mexico,\u2019 \u201d Justice Samuel Alito wrote for the majority. \u201cIn ordinary speech, no one would say that a person \u2018arrives in<\/em>\u2019 a place\u2014for example, a house, a city, or a country\u2014before the person enters that place.\u201d For Alito, that sufficed, and he kept the analogies flowing. \u201cA running back does not arrive in the end zone when he reaches the 1-yard line,\u201d he wrote. \u201cA guest does not arrive in a house when he knocks on the front door. An army does not arrive in a city by encamping outside its walls.\u201d Alito portrayed the \u201cmetering\u201d system as an inconvenience, at worst. \u201cMetering does not permanently bar any alien from arriving in the United States and then applying for asylum,\u201d he wrote. Indeed, the policy \u201cmerely delayed entry by some aliens as a way of improving a situation that both interfered with the proper conduct of inspection and created unsanitary, inhumane, and sometimes dangerous conditions at ports of entry.\u201d (Justice Clarence Thomas, typically, would have gone even further; in a concurring opinion, he questioned whether Congress could even require the President to allow migrants into the country to have their asylum claims heard.)<\/p>\n

But, as Sotomayor\u2019s dissent made clear, the case was nowhere near as easy as Alito\u2019s portrayal suggested. \u201cThe majority,\u201d she wrote, \u201cignores that \u2018arrival\u2019 and \u2018arriving\u2019 in the immigration context have never focused on the precise location of a noncitizen\u2019s feet.\u201d Indeed, she wrote, \u201cThis Court has previously recognized that immigration statutes and procedures should not be construed to \u2018create a perverse incentive to enter at an unlawful rather than a lawful location.\u2019 Yet, the majority\u2019s construction does exactly that: It tells asylum seekers that they may apply for asylum if they can make it across the border illegally but that they cannot apply if they patiently wait at the edge of a port of entry.\u201d The majority\u2019s benign portrayal of \u201cmetering,\u201d Sotomayor continued, was belied by the facts. It \u201ccreated dire humanitarian conditions at the border,\u201d with \u201ctens of thousands of those turned away waiting days, then weeks and months, for asylum processing that often never took place.\u201d<\/p>\n

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The second ruling, Mullin v. Doe, concerned the Administration\u2019s efforts to revoke the Temporary Protected Status (T.P.S.) granted to some three hundred and fifty thousand refugees from Haiti, after a devastating 2010 earthquake, and some sixty-one hundred refugees from Syria, during the repressive regime of Bashar al-Assad. The 1990 law in question allows the Secretary of Homeland Security to grant temporary legal status to those whose countries are deemed unsafe owing to war, natural disaster, or other crises. It also states that courts cannot review \u201cany determination\u00a0.\u00a0.\u00a0. with respect to the designation, or termination or extension of a designation, of a foreign state.\u201d The majority, again in an opinion by Alito, interpreted \u201cdetermination\u201d to cover not only the ultimate decision about whether to grant or remove T.P.S. but also \u201cthe chain of events leading up to a decision.\u201d But process matters, or should, to courts, and as Kagan argued in dissent, joined by the other two liberals, although Congress left the final decision up to the Secretary, it also set out a series of requirements for reaching that judgment, including consulting with \u201cappropriate agencies\u201d about \u201cconditions\u201d in the countries involved. Whether the Secretary complied with those requirements, Kagan noted, is a matter ordinarily subject to judicial review; here, the scant evidence was that an aide to then Homeland Security Secretary Kristi Noem advised the State Department that the T.P.S. designations were up for review, and the Department responded that it had \u201cno foreign policy concerns.\u201d Kagan summarized: \u201cAfter today, a Secretary can announce to the world that she didn\u2019t consult with anyone\u2014more, that she didn\u2019t evaluate country conditions at all\u2014before making, extending, or terminating a TPS designation. And the courts will be powerless to intervene.\u201d<\/p>\n

The even more alarming part of Alito\u2019s ruling involved an aspect of the case that the majority agreed was subject to judicial review: the claim that the decision to end T.P.S. for Haitians involved racial animus, in violation of the equal-protection clause. The evidence on this was abundant and came from the President himself. Haitian refugees, Trump has said, \u201care eating the pets\u201d and \u201cprobably have AIDS<\/em>\u201d; he\u2019s called Haiti a \u201cshithole country\u201d and \u201cfilthy, dirty, disgusting.\u201d As Kagan put it, \u201cThe references\u2014of filth, disease, and primitiveness\u2014are shot through with racial stereotypes and tropes. It is hard to imagine the statements being made today of any White community.\u201d Trump\u2019s remarks, she concluded, \u201cfairly shout, in their racial undertones and overtones alike, that race entered into the President\u2019s resolve to remove Haitians from this country.\u201d Alito and the other conservatives managed not to hear any of that. \u201cNone of the cited statements by either the president or the secretary was overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications,\u201d Alito wrote\u2014although he could not bring himself to quote any of them. These hear-no-evil contortions were reminiscent of the conservative majority\u2019s 2018 ruling in Trump v. Hawaii, the Muslim travel-ban case, in which those Justices declined to look beyond the \u201cfacially neutral\u201d language of the ban to examine Trump\u2019s anti-Muslim statements.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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What is going on here? Some members of the conservative majority have, on occasion, exhibited a willingness to stand up to Trump\u2019s most egregiously unlawful actions. In February, three of them\u2014including, much to Trump\u2019s fury, two of his own appointees\u2014joined with the liberals to slap down his assertion of emergency power to impose tariffs. Next week, I expect, will provide additional examples: a ruling against Trump\u2019s executive order to eliminate birthright citizenship and another limiting his authority to fire members of the Federal Reserve. But it is also true that this Court is inclined to be unduly deferential to Presidential power, especially when it comes to matters of foreign policy and of immigration enforcement. The conservative Justices take a consistently grudging view of challenges to Presidential determinations in this arena, privileging executive authority over the rights of individuals\u2014particularly when those individuals are migrants.<\/p>\n

The nation\u2019s immigration laws are badly in need of fixing. Petitions for asylum have at times overwhelmed the immigration courts, and it is necessary to consider reforms that would streamline the asylum system and make it more manageable. Similarly, T.P.S. is, by definition, not intended to be permanent; at some point, it can and should be ended. But this Administration is not interested in making a flawed system work better. It is bent on a maximalist campaign to close borders and expel as many migrants as possible, whether they are here legally or not. In this un-American endeavor, the Court\u2019s conservative majority is proving itself, once again, Trump\u2019s willing accomplice.\u00a0\u2666<\/p>\n

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Two new rulings revoke the temporary protected status of refugees from Haiti and Syria, and make it easier for the Administration to prevent migrants from claiming asylum and to expel lawful refugees. Ruth Marcus reports.<\/p>\n","protected":false},"author":1,"featured_media":693,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-694","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-lede"],"yoast_head":"\nThe Supreme Court Enables Trump\u2019s Cruel Immigration Agenda - City Relocation News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/cityrelocationnews.com\/?p=694\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Supreme Court Enables Trump\u2019s Cruel Immigration Agenda - City Relocation News\" \/>\n<meta property=\"og:description\" content=\"Two new rulings revoke the temporary protected status of refugees from Haiti and Syria, and make it easier for the Administration to prevent migrants from claiming asylum and to expel lawful refugees. 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