ICE Agents Deployed to U.S. Airports & Supreme Court Blocks TPS Termination

The Department of Homeland Security (DHS) is deploying ICE agents to U.S. airports to assist the Transportation Security Administration (TSA) during the partial government shutdown. While the purpose of the deployment is to alleviate wait times at airports, there is legitimate concern about ICE agents in airports and whether the end result will be positive or negative for travelers. In recent months, federal immigration enforcement agencies have created turmoil for many U.S. citizens through violent detention tactics unleashed upon both documented and undocumented immigrants, as well as various shootings, two of which ended the lives of U.S. citizens Alex Pretti and Renee Good.

Because ICE agents are still law enforcement, they will no doubt be detaining individuals at the airports. For this reason, it is wise for people to consider whether they are in a vulnerable position that may lead to detention, even if only traveling domestically. This includes individuals that do not yet have lawful permanent residence, even if they have work authorization.

Our journal will continue to monitor this matter and provide updates in the near future as things develop.

The Trump Administration has actively worked to dismantle Temporary Protected Status ("TPS") for many immigrant groups, including most recently removing those protections from Haitians and Syrians. Because TPS is determined on a country-by-country assessment of conditions, it is within the discretion of the DHS to decide if a country's conditions have improved, such that immigrants enjoying TPS may be able to safely return to their country. However, a decision to terminate TPS for a specific group cannot be rooted in racial bias against that group.

The Trump administration has openly targeted Haitian immigrants by labeling them as criminals, drug dealers, rapists, and even accusing Haitians in Ohio of stealing and eating people's pets. The public statements about Haitians preceded DHS's termination of TPS which immigrants' rights groups believe is politically motivated and rooted in racial bias. A current lawsuit is pending in this matter and the Trump administration sought to terminate TPS status for Haitians while litigation is ongoing. This would lead to detention and deportation of Haitians without a final resolution on the issue of their TPS termination. A district court blocked Trump's attempt and the Supreme Court agreed. Therefore, TPS will continue for Haitians while litigation is pending.

However, the Supreme Court also agreed to move up oral arguments in this matter to April with a decision forthcoming this summer. This journal will track the court's oral arguments and final decision and will keep our readers updated.