A September 14 ruling by the 9th U.S. Circuit Court of Appeals in California effectively allowed the Trump administration to move forward with plans to end Temporary Protected Status (TPS) for over 300,000 people in the U.S. The ruling lifted an injunction that prevented the Administration from terminating deportation protections for people from Sudan, Nicaragua, Haiti and El Salvador. Attorney Elana Gold explains the court’s decision and how it could ultimately affect over 300,000 immigrants.
A Monday ruling by the 9th U.S. Circuit Court of Appeals in California effectively allowed the Trump administration to move forward with plans to end TPS for over 300,000 people in the U.S. The ruling lifted an injunction that prevented the Administration from terminating deportation protections for people from Sudan, Nicaragua, Haiti and El Salvador. TPS was originally granted to these countries in response to natural disasters, armed conflict and other dire conditions.
The ruling that was overturned on Monday had argued that Donald Trump’s inclination to end TPS was driven by his ‘animus against non-white, non-European immigrants. Monday’s ruling argued that there was no conclusive evidence that the President’s “alleged racial animus was a motivating factor in the TPS decision.”
The actual fate of the TPS program is yet to be seen but this ruling makes it possible for the Administration to begin deportations starting next year.
El Salvadorans account for the largest group of TPS recipients – approximately 263,000 – but they are protected by a bilateral agreement that allows them to stay in the U.S. for a year if Trump ultimately terminates the program. A New York-based injunction also remains in place that prevents Haitians from being deported.
At this point, there is no reason for TPS beneficiaries from the affected countries to make assumptions about the future of the program as this decision is expected to be appealed to the Supreme Court. We will keep you posted as new developments regarding the TPS program arise.
Sources:
https://www.politico.com/news/2020/09/14/court-trump-protected-immigration-414520
