- In a widely anticipated move, the Trump Administration has appealed Temporary Protected Status cases to the Supreme Court. This emergency appeal relates to prior court decisions, including a Circuit Court decision earlier this month, that barred the administration from ending TPS protections for an estimated 350,000 Haitians and 6,000 Syrians. In prior appeals of TPS matters, the Supreme Court had allowed the administration to terminate protections while the case moved forward. However, in this case, the Supreme Court is keeping the existing protections in place through the appeals process. The Court will hear the case next month with a decision likely in June.
- Following a contentious confirmation hearing on Wednesday, the Senate Homeland Security and Government Affairs Committee voted 8-7 on Thursday morning to advance the nomination of Markwayne Mullin to lead DHS. The three hour hearing got off to a rocky start with Chairman Rand Paul questioning Mullin’s temperament and his willingness to defend political violence. On the immigration front, Mullin did indicate that he would make some limited changes to the way ICE conducts enforcement, including by requiring judicial warrants before ICE agents can enter a home or business, something that Democrats are demanding be written into law in their shutdown negotiations with Republicans and the administration. Mullin provided other indications that ICE tactics could soften a little under his leadership, but with the administration continuing to demonize immigrants of color and pushing hard to increase deportation numbers, we would have to wait and see actions on the ground reflect these statements. Senate Majority Leader John Thune is hoping that the full Senate will vote on Mullin’s confirmation next week.
- Pressure from the administration for Congress to pass the SAVE Act is causing increasing division with the Senate GOP. While Senate Majority Leader John Thune has publicly said that they do not have the votes to pass the bill, the administration and some Senators are making threats against GOP members who are not supportive of the measure. The SAVE Act would require voters to show proof of citizenship in order to register to vote and to show a photo ID at the polls. Supporters of the bill claim that it is intended to stop immigrants from voting, but that is exceedingly rare with one study by the Brennan Center finding only 30 immigrant voters out of over 23 million votes cast. In a procedural vote on Tuesday, Senators voted 51-48 to advance the measure to a full debate, however the bill would need 60 votes in order to pass, and there is no reason to believe that supporters of the bill will find those missing votes.
- The partial government shutdown entered its second month as Republicans and Democrats continue to negotiate. The shutdown of DHS is due to Democratic demands for greater accountability in immigration enforcement, including the use of body cameras, prohibiting immigration officers from hiding their identities, and requiring judicial warrants to enter people’s homes and businesses. Democrats have also floated the possibility of funding some agencies within DHS such as the Transportation Safety Administration (TSA), while continuing to negotiate over funding for immigration enforcement. Funding for TSA in particular could be a point of pressure for Congress, as the shutdown has led to long security lines at the nation’s airports.