September 15, 2020
Lauri Alvarez, Program Associate
Appeals Court Ruling Could End TPS, The Fight for Permanent Protections Goes On
Washington D.C.-Yesterday, September 14, 2020, the Ninth Circuit Court of Appeals issued a decision in the Ramos v. Nielsen case stating that the Trump Administration had the authority to end Temporary Protected Status (TPS) for beneficiaries from El Salvador, Nicaragua, Haiti, and Sudan. The decision will impact over 300,000 TPS beneficiaries and their families and means that barring a rehearing of the case, TPS beneficiaries from Sudan, Nicaragua, and Haiti could have their protections terminated as early as March 2021 and November 2021 for TPS beneficiaries from El Salvador. The decision also paves the way for the terminations against Honduras and Nepal to move forward—those TPS beneficiaries could also have their protections terminated as early as March 2021. However, this decision does not impact TPS beneficiaries’ status this year. This year, TPS beneficiaries cannot face deportation, can still get drivers’ licenses, and work authorizations are still valid.
“Amidst a global pandemic, hundreds of thousands of immigrants are feeling the brunt of the Trump Administration’s harsh anti-immigrant policies. This latest court decision exacerbates a situation of uncertainty and fear for hundreds of thousands of TPS beneficiaries and their families, including 130,000 TPS beneficiaries who are essential workers, placing their protections at risk next year. While the courts have been able to extend protections temporarily in the short-term, the longer-term solution is for the Congress to immediately advance permanent protections for these members of our communities,” states Daniella Burgi-Palomino, LAWG co-director.
LAWG has documented the ongoing conditions that TPS beneficiaries from El Salvador and Honduras would face if their protections ended and they became at risk for deportation. We will continue to stand by TPS beneficiaries and their families in calling for permanent protections. We urge the Senate to follow the House’s lead by immediately passing H.R. 6, the Dream & Promise Act, which would put TPS beneficiaries on a pathway to citizenship. A new administration should reverse the unlawful and cruel termination policy and work with Congress to pass a path to permanent status for TPS beneficiaries so that their families can remain together in the United States and they can continue to work, raise families, and contribute to our communities.