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Ninth Circuit Upholds End to Temporary Protected Status, But the Struggle is Not Over
Posted on Sep 15 2020
September 15, 2020—The futures of more than 300,000 long-term U.S. residents and more than 200,000 U.S. citizen children are jeopardized by the latest court decision on Temporary Protected Status (TPS). That decision does not immediately end TPS, since further court proceedings remain. The decision does signal backing for the Trump administration’s racist moves to end TPS for Salvadorans, Haitians, Nicaraguans, and South Sudanese migrants in the United States.
Temporary Protected Status is a humanitarian protection established by Congress in 1990. The Department of Homeland Security designates TPS for people who cannot return to their home countries due to ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane), an epidemic, or other extraordinary and temporary conditions. People with TPS are not subject to deportation and can get work permits, but TPS does not give them a path to permanent residence or citizenship.
More than 400,000 people from 10 countries live in the United States with Temporary Protected Status. The average TPS holder has lived here for 22 years. More than 130,000 TPS holders work in essential services. More than 11,000 work directly in health care.
“The Trump administration’s decisions on terminating TPS have been based on racism and anti-immigrant policies, not on factual consideration of the circumstances in the countries in question,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota. “TPS holders are part of our community. They are parents, neighbors, nurses, truck drivers, construction workers, and more. We need them as much as they need to remain here.
“The Ninth Circuit decision is a setback, but it will be appealed. Moreover, legal challenges to TPS continue to make their way through courts in other jurisdictions across the country. TPS holders should know that they do NOT face immediate deportation. The battle is far from over.”
The Immigrant Law Center of Minnesota will be hosting a Facebook Live information session on TPS. Watch our Facebook page for the time and date.