US TPS beneficiaries face constitutional challenges over revocation

• TPS beneficiaries are mounting constitutional challenges to the Trump administration's revocation of their designations.
• The Supreme Court's decision has left the door open for these challenges, which argue that the government must follow established protocols and procedures.
• Business leaders and lawmakers are seeking alternative solutions to allow TPS beneficiaries to continue working after losing their work permits.

The constitutional claims are being made under the 5th Amendment's Due Process Clause, which says the government cannot deprive a person of their 'life, liberty or property' without first following protocols and procedures laid out in federal law.

The Trump administration's decision to revoke Temporary Protected Status (TPS) designations has sparked a wave of constitutional challenges from beneficiaries. These challenges, brought under the 5th Amendment's Due Process Clause, argue that the government cannot deprive individuals of their 'life, liberty or property' without following established protocols and procedures. The Supreme Court's recent decision to curtail lower courts' ability to block TPS revocations has left the door open for these constitutional claims. As a result, legal advocates representing migrants from several countries are re-packaging earlier procedural arguments into new constitutional claims or signaling plans to do so soon.

In response to the ongoing TPS battles, business leaders and lawmakers are exploring alternative ways to allow beneficiaries to continue working after losing their work permits. The U.S. Chamber of Commerce has led a campaign on Capitol Hill, joined by state and local leaders from both parties. In a July 10 letter to Senate leadership, the Chamber emphasized Congress's authority over immigration policy and urged action to prevent significant disruption to America's workforce and avoid an unnecessary humanitarian crisis.

The Trump administration's handling of TPS designations has been a contentious issue, with the administration claiming that the Supreme Court decision fully blessed its actions. However, legal advocates argue that the Court's decision left room for constitutional challenges to be brought against the administration's actions. The ongoing battle over TPS status highlights the complexities and uncertainties surrounding immigration policy, particularly the lasting impact of the Trump administration's actions.

Lawyers should watch for potential changes to the Temporary Protected Status (TPS) program, as beneficiaries are mounting constitutional challenges that could impact their clients' work permits and immigration status.

Source: Original reporting via CNN and The New York Times