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Judge Extends Protections For Over 300,000 Immigrants with Temporary Protected Status

On October 3rd, 2018, US District Judge for the 9th Circuit, Edward Chen granted a preliminary injunction preventing the Trump administration from discontinuing temporary protected status. Also known as TPS, to prevent the United States from deporting over 300,000 immigrants from Sudan, El Salvador, Haiti, and Nicaragua. This ruling enacted that the administration must continue TPS and the employment authorizations for recipients.

What is TPS?

TPS was established in the Immigration Act of 1990 by Congress, its main purpose was to prevent deportations of individuals to countries that are in dire and dangerous circumstances such as war-time or a natural disaster. In addition to allowing these immigrants to reside in the United States, TPS grants work permits so that individuals are able to make a living.

Countries eligible for TPS are El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen.

The protections granted to these individuals is continually expanding and changing by the secretary of homeland security. However, TPS is constantly up for governmental review and can only be extended for an additional 18 months which is why the Trump administration is attempting to phase out the program. The Trump Administration bases their reasoning on the fact that TPS is not a venue for immigrants to be granted for long-term residency, but a short-term measure.

What was the reasoning behind the ruling?

Judge Chen outlined in his ruling that there is sufficient evidence to propose that the administration may be violating the Constitution but also that the actions of the White House staff and administration reflect an “animus against non-white, non-European immigrants in violation of Equal Protection guaranteed by the Constitution.” (CNN) Additionally, Judge Chen highlights the importance of TPS beneficiaries to our local and national economies and how we will see a significant detriment if TPS were to be a removed protection. However, this continues to be a battle since this is a temporary measure and many fears that this is only the beginning. But here at Morales & Sparks, we will continue fighting for those that are searching for a better life.


Disclaimer: The purpose of this post is to provide general information and is not to be constituted as legal advice. If you need help with a specific issue, please seek the advice of an attorney.