Monday, September 14, 2020

Ninth Circuit Decision on TPS in Ramos v. Nielsen

Today a split three-judge panel of judges of the 9th U.S. Circuit Court of Appeals reached a decision 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. A copy of the Ninth Circuit decision is available here.

The Hill reports as follows:

"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."

The lawsuit was filed by the ACLU Foundation of Southern California, with the National Day Laborer Organizing Network (NDLON) and the law firm of Sidley Austin LLP, and argues that the administration's treatment of TPS is both unconstitutional and seeks to further the administration's anti-immigrant, white supremacist agenda. More information about the lawsuit is available on the ACLU's web page.

During a closed-door session in 2018 discussing the treatment of individuals with TPS, President Donald Trump referred to Haiti, El Salvador, and a variety of African nations as "shithole countries."


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