Why Justice Amy Coney Barrett may be Haitian immigrants’ greatest ally, or foe, in the coming years | Opinion

Justice Amy Coney Barrett rose to the national spotlight in 2020 during her confirmation to the U.S. Supreme Court, a lifetime appointment that grants her considerable influence over American law and policies.

Beyond her conservative judicial philosophy, Barrett drew additional attention for the makeup of her family, which consisted of seven children, two of whom were adopted from Haiti.

Now, five years later, her connection to Haiti has taken on new significance as key legal battles unfold over President Donald Trump’s immigration policies, which emphasize rolling back Temporary Protected Status (TPS) and other protections for hundreds of thousands of Haitians living in the United States.

On his first day of office, Trump ordered the immediate end of the humanitarian parole program, which under former President Joe Biden allowed migrants from Haiti, Cuba, Venezuela and Nicaragua to enter the U.S. legally with the help of U.S.-based sponsors. 

A month later, on Feb. 20, the Trump administration announced it was “partially” vacating  Biden’s June 2024 notice that extended Haitian TPS by 18 months, accelerating the new deadline by six months and intensifying uncertainty for more than 500,000 Haitians in the U.S.

Barrett’s personal ties to Haiti began in 2004 when she and her husband, Jesse, visited A New Arrival, an orphanage in Pétion-ville. After witnessing a child die at the orphanage, they decided to adopt  Vivian, who at the time was 14 months old.

“When she arrived, she was so weak that we were told she might never walk or talk normally,” said Barrett of Vivian, who is now in her early 20s, during her confirmation hearing. “She now deadlifts as much as the male athletes at our gym, and I assure you that she has no trouble talking.”

Her son, John Peter, was adopted in 2010, at 3 years old, “shortly after the devastating earthquake in Haiti,” from the same orphanage they adopted Vivian.

As immigration cases make their way through the courts and potentially to the Supreme Court, a critical question remains: Will Barrett’s personal connection to Haiti influence her rulings on policies that directly affect Haiti and the U.S. diaspora?

For thousands of Haitian immigrants, the answer carries profound consequences. With deportation deadlines looming, many are scrambling to find legal pathways to remain in the U.S. Barrett’s decisions could determine whether they have a future in this country—or face deportation to a country grappling with political and economic turmoil.

It remains to be seen whether a pro-Haitian stance from Barrett would put her at odds with Trump and the conservative base that championed her nomination.

In one scenario, if faced with a case challenging the constitutionality of Trump’s executive orders, Barrett may side with the liberal justices on key immigration issues, like extending TPS for Haitians. 

In another scenario, Barrett may either succumb to pressure from Trump and his base or be apathetic to the plight of Haitian immigrants and votes against upholding protections for Haitians and other immigrants in the U.S. 

The first scenario may be more plausible given her recent decision to vote with her liberal colleagues against Trump’s emergency request to freeze foreign aid. The move drew criticism from conservatives on the right with some calling her a “closet Democrat” and “DEI hire,” the Washington Post reported. 

One thing, however, is for certain: In the coming years, Barrett will either be one of the community’s greatest allies or foes, consequently shaping her legacy beyond the bench and relationship with this country’s conservative base.

For the sake of our community, the hope is Barrett leans toward the first path, given the humanitarian crisis in Port-au-Prince that is spreading to other parts of the country. 

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