The Ninth Circuit Federal Court of Appeals ruled that President Donald Trump's administration can end the humanitarian protections of Temporary Protected Status (TPS) that has allowed hundreds of thousands of immigrants, impacted by natural disasters and civil wars, to live and work legally in the United States, for the past 22 years.
The decision, issued on Monday, September 14, affects citizens of El Salvador, Honduras, Nicaragua, Haiti and Sudan.
The court ruling, set out in a 107-page documentcomes as a result of a lawsuit filed in 2018 by the American Civil Liberties Union of Southern California. and other immigrant advocates against the U.S. Department of Homeland Security (DHS) in an attempt to challenge the cancellation of TPS for El Salvador, Nicaragua, Haiti and Sudan.
As a result of that lawsuit, Ramos v. Nielsen, the Federal Judge Edward M. Chen issued a preliminary injunction in 2018. which temporarily halted the termination of TPS while that case was being decided, and another similar lawsuit, Bhattarai v. Nielsenfiled to challenge the cancellation of TPS for Honduras and Nepal.
In a 2-1 vote, the judges of the U.S. Court of Appeals for the Ninth Circuit reversed the preliminary injunction. The court ruled that the federal district court did not have the authority to review the DHS secretary's decision under the Administrative Procedures Act and that the plaintiffs had not established a violation of the equal protection clause. The case was returned to Judge Chen of the U.S. District Court for the Northern District of California for further litigation.
What happens now with the TPS?
Judge Chen had ordered a pause in the litigation of the Ramos v. Wolf (formerly Ramos v. Nielsen) and Bhattarai v. Wolf (formerly Bhattarai v. Nielsen) while awaiting the decision of the Federal Court of Appeals for the Ninth Circuit.
The litigation will now continue its legal course in the U.S. District Court for the Northern District of California. It remains to be seen when Judge Chen will make a decision on the cases. But even if he issues a ruling, it may be appealed.
Since the blockade that prevented the elimination of the program for the aforementioned countries during the last two years no longer exists, the U.S. Citizenship and Immigration Services (USCIS) is now free to implement the termination of TPS and will soon announce how and when it will be carried out.
What does the federal appeals court ruling mean for Tepesians?
The ruling increases the likelihood that TPS will be eliminated for citizens of El Salvador, Honduras, Nicaragua, Haiti and Sudan.
Currently, there are more than 400,000 people from 10 countries who have TPS, including approximately 250,000 from El Salvador, 80,000 from Honduras and 4,500 from Nicaragua, according to the Congressional Research Service.
For the time being, if there is no new court ruling or appeal, people covered by TPS will have to leave the United States, unless they have some legal avenue that allows them to stay in the country.
Any person who is currently in TPS you should seek immediate legal advice from an immigration attorney. to evaluate your immigration options.
Key times and dates for TPS beneficiaries
The DHS Secretary's determination to terminate the TPS for Nicaragua and Honduras shall enter into force no earlier than 120 days as of the date of the decision of the Federal Court of Appeals for the Ninth Circuit.
The DHS Secretary's determination to terminate the TPS for El Salvador shall enter into force no earlier than 365 days as of the day of the Ninth Circuit Federal Court of Appeals ruling. The additional 120 and 365 days are to allow for an orderly transition for affected TPS beneficiaries.
For legal reasons, neither the mandated 120-day transition period for TPS beneficiaries for Honduras and Nicaragua nor the mandated 365-day transition period for TPS beneficiaries for El Salvador will begin automatically.
USCIS will inform TPS beneficiaries when the 120-day or 365-day transition period will begin. This will allow time for current TPS beneficiaries who do not have other lawful immigration status or authorization to remain in the United States to leave the country, or they will be subject to removal from the country.
