Appeals Court Allows End to Temporary Protections for Thousands
WASHINGTON – A recent ruling by an appeals court indicates that the Trump administration can proceed with plans to terminate temporary protections for about 60,000 immigrants hailing from Honduras, Nepal, and Nicaragua.
This development means that Nepali immigrants with temporary protected status (TPS) will soon be left without legal status, which includes losing work permits and protections against deportation. Honduran and Nicaraguan TPS holders will also lose their status by September 8th.
The judges on the 9th Circuit Court of Appeals, Michael Daly Hawkins, Consuello M. Callahan, and Eric D. Miller, did not provide any reasoning for their decision. It’s worth noting that Hawkins was nominated by former President Bill Clinton, Callahan by George W. Bush, and Miller by Donald Trump during his first term.
This decision effectively overrides a ruling made by California District Judge Trina Thompson in late July, which had determined that the DHS’s plans to revoke TPS were rooted in racism and were inappropriate.
Thompson had previously extended the TPS for individuals from these countries until November 18th, highlighting that the plaintiffs simply wish to live freely and pursue their dreams in America. She expressed concern that the court was denying these individuals based on race.
As the Trump administration pushes for a comprehensive deportation strategy targeting undocumented immigrants, the DHS is taking steps to eliminate temporary legal status for many.
Noem has taken action to revoke TPS for individuals from Haiti and Venezuela while also ending humanitarian protections for those from Cuba, Haiti, Nicaragua, and Venezuela. The Supreme Court has largely backed these moves by the administration.
DHS Welcomes the Ruling
DHS spokesperson Tricia McLaughlin hailed the appeals court’s decision as a significant win for the Trump administration. She argued that TPS was intended to offer temporary refuge but has been misused over the years, leading to the admission of hundreds of thousands without adequate scrutiny.
Many TPS recipients are granted this status because returning to their home countries is deemed too dangerous due to conflict, disasters, or instability.
Those with TPS will be required to undergo DHS reviews, including background checks, and must reapply roughly every 18 months to keep their work permits and protections against deportation. Even minor legal issues can jeopardize their TPS status.
Facing Fear and Uncertainty
“I’m devastated by the court’s ruling,” stated Sandhya Lama, a TPS holder from Nepal involved in the lawsuit.
She shared her experience of living in the United States for many years, with her children being American citizens who have never visited Nepal. “This decision casts a shadow of fear and uncertainty over us and countless other TPS families,” she remarked.
Many individuals have held TPS for extended durations due to the dire conditions in their home nations. For instance, Nepali TPS recipients have had this status for more than ten years, while those from Honduras and Nicaragua have been under TPS for over 26 years, according to the American Civil Liberties Union (ACLU), one of the organizations that filed the lawsuit.
“The current administration’s efforts to dismantle TPS are part of a broader strategy aimed at stripping away legal protections for non-citizens,” stated Emi MacLean, a lawyer with the ACLU Foundation in Northern California. She added that although the recent ruling is disheartening, it doesn’t signify the end of their fight for humanitarian protections, insisting that TPS represents something significant that can’t be easily dismissed.
The groups involved in the lawsuit include the ACLU Foundation in both Northern and Southern California, the National Day Laborer Organization Network, the UCLA School of Law’s Center for Immigration Law and Policy, and the Haiti Bridge Alliance.
