Tuesday, September 15, 2020

9th Circuit OK's termination of Salvadoreans' Temporary Protect Status - ImmigrationProf Blog

Trump's "Shithole Countries" Remark at Center of Lawsuit to Reinstate TPS  Protections for Immigrants

 9th Circuit OK's termination of Salvadoreans' Temporary Protect Status - ImmigrationProf Blog



Yesterday a split three-judge panel of judges of the 9th U.S. Circuit Court of Appeals reached a decision in Crista Ramos et al. v. Kirstjen Nielsen et al. (case number 18-16981) to vacate a federal district court decision that preserved the Temporary Protected Status (TPS) designations of Sudan, Nicaragua, Haiti, and El Salvador.  

"In a 2-1 ruling, the three-judge panel found that a California federal judge overstepped when he temporarily barred the administration from ending temporary protected status — which gives deportation relief and work permits to individuals from designated countries in crisis — for people from El Salvador, Haiti, Sudan and Nicaragua.

The panel said the head of the U.S. Department of Homeland Security has 'full and unreviewable discretion' to make decisions about TPS. The majority also concluded that the TPS holders, some of whom have lived in the U.S. for more than a decade, had not provided enough evidence to show the administration had racist intent when moving to terminate TPS for those nations."

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