Great news from the Judicial Branch this week (surprise!)

The Supreme Court handed the Trump Administration two major immigration victories on Thursday. The justices ruled that the administration could end Temporary Protected Status (TPS) for Haitians and Syrians and upheld a policy that allows the administration to refuse entry to the United States to would-be asylum seekers. Both cases were decided with 6-3 majorities, and both cases were decided based on the clear statutory language that Congress enacted.

Trump Administration can end TPS for Haiti and Syria

The administration first announced that it was terminating TPS status for Syria and Haiti last year. Both orders were immediately challenged in court. 

The Secretary of Homeland Security can grant TPS to aliens in the United States (usually here illegally) when their home country is unsafe for its citizens to return to due to an ongoing war, a catastrophic natural disaster, or other extraordinary and temporary conditions. While initial TPS designations are meant to last up to 18 months, the program has become anything but temporary. Thirteen countries currently are designated, including Syria and Haiti, which were first granted TPS in 2012 and 2010, respectively. The law governing TPS states clearly that courts do not have jurisdiction to review an administration’s decision to grant or end TPS.

Court challenges are ongoing for the Trump Administration’s termination of TPS status for Ethiopia, Somalia, South Sudan, and Yemen. The Supreme Court’s decision in this case (Mullin v. Doe) makes clear that Congress meant what it put in the law: courts do not have jurisdiction to consider challenges to the administration’s TPS revocations (or designations) unless constitutional questions are raised.

In his concurrence in this case, Justice Thomas added that “aliens have no equal protection rights against the Federal Government.” This makes perfect sense, since the U.S. Constitution is a compact between American citizens and our government. Let’s hope this fact influences the Justices in their decision on the birthright citizenship case!

Physical presence required to claim asylum

The Supreme Court also ruled that the Trump Administration can prohibit the entry of aliens seeking to enter the country to claim asylum. 

At the center of the case is a federal law that allows anyone who "arrives in” the United States to apply for asylum. The majority ruled that a foreign national has not "arrived in" the country until they've physically set foot in America, and that border officials can deny entry to individuals who are still outside of the border but who seek to claim asylum.

Amazingly, a lower court judge in this case (Mullin v. Al Otro Lado) held that an alien who is physically present in Mexico, but wants to come to the United States for asylum, must be considered to have “arrived in” the United States and allowed to apply! The Supreme Court reversed this holding and made clear that “arrived in” actually means exactly what it says.

Essentially, the ruling provides the legal basis for the Trump Administration to prevent the United States from being overwhelmed by asylum seekers and incurring the costs associated with those asylum seekers, either by detaining them or releasing them into the interior.

Lower court green lights expanded expedited removals

Also this week, the DC Circuit Court of Appeals vacated a lower court’s stay of the Trump Administration’s expansion of expedited removal. Expedited removal allows Immigration and Customs Enforcement (ICE) to bypass hearings before an immigration judge and quickly deport illegal aliens who have been in the United States for fewer than two years.

Previous administrations restricted DHS’ use of expedited removal to those illegal aliens apprehended within close proximity to the border (generally within 50 or 100 miles). However, the law passed by Congress does not require such restriction, so the Trump Administration expanded the policy to apply to any illegal alien who has been in the United States for under two years.

The circuit court’s ruling is likely to be challenged.

Huge Rule from the Office of Management and Budget

The Office of Management and Budget issued a landmark proposed rule a couple of weeks ago to transform the Federal grantmaking process. Most critically, it requires the use of E-Verify by all Federal grant recipients and subrecipients. 

IAP issued an official comment on the rule, which you can read here.

“The simple fact is that Americans’ tax dollars should not be used to pay people who are not authorized to work in the United States. It is illegal to hire an alien without work authorization, whether or not an employer receives Federal funding, but the Federal government should not reward employers who violate Federal law at the expense of American workers.”

New leader in Senate Immigration Rankings

Sen. Ted Budd (R-NC) has taken over the top spot in IAP Action's Congressional Immigration Rankings. He took the top spot after cosponsoring the Mandatory E-Verify Act of 2026, S. 4620, which would require all employers to use E-Verify and increase fines for employers who knowingly hire illegal aliens. The bill is rated as key legislation by IAP Action.

Sen. Budd took the top spot from Sen. Jim Banks (R-IN), who dropped to No. 2 in the Senate. Sen. Banks has held the top spot since the rankings' initial release.

Rep. Tracey Mann (R-KS) climbed nine spots in the House rankings with his cosponsorship of H.Res. 50. This House Resolution would formally recognize that article I, section 10 of the United States Constitution explicitly reserves to the States the sovereign power to repel an invasion and defend their citizenry from the overwhelming and "imminent danger" posed by paramilitary, narco-terrorist cartels, terrorists and criminal actors who seized control of our southern border. Rep. Mann ranks No. 150 in the House.

Rep. Maxine Dexter (D-OR) had the biggest drop this week, falling seven spots to No. 385 overall in the House rankings. Rep. Dexter cosponsored the American Families United Act, H.R. 2366, which would provide waivers for certain illegal aliens who are subject to deportation. 

You can view the full Immigration Rankings at IAPAction.com.

Former border chief Greg Bovino to appear at Indiana rally

One of our partners on the Mass Deportation Coalition, Save Heritage Indiana, will be hosting a rally in Indianapolis on Saturday, August 1, with former Border Patrol Commander Greg Bovino. The event will focus on immigration enforcement, public leadership, the urgent issues facing the country, and, of course, mass deportations.

If you’re interested in attending the event, you can learn more at HeritageRallies.com.

See our Mass Deportation Playbook here.

IAP is educating future immigration leaders

We had the privilege of speaking to a group of young, smart, and engaged Americans last week at American Moment’s “AM Fridays” immigration event. We talked to them about the overall impact of mass immigration on America and the connection between drug cartels and terrorist cells. Engagements like this give us hope that the next generation of American leaders will understand the costs of mass immigration and be courageous enough to stop it!

Immigration Articles

CIS: SCOTUS: CBP Can Stop Green Card Holders with Pending Charges

Our friend Art Arthur at the Center for Immigration Studies details a crucial Supreme Court ruling holding that border officers don't have to act like judges at the gate. If a green card holder returns to the U.S. with open criminal charges, CBP can deny his or her admission, ensuring frontline officers can secure the border while letting immigration courts handle deportation after the criminal case wraps up.

America First Legal: MAJOR VICTORY — America First Legal and State of Texas Defeat Illegal Biden-Era Backdoor Amnesty Program That Froze Immigration Court Cases

To round out the victories in Federal court this week, our friends at America First Legal secured a victory in Texas this week when a federal court vacated a Biden-era regulation that allowed immigration judges to administratively close deportation proceedings without a final determination. This would end a practice that has allowed hundreds of thousands of illegal aliens to remain and work in the United States without final adjudication. 

Next Week

The House is returning for work next week, but the Senate has already started a two-week recess for Independence Day.