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IMMIGRATION AND NATIONALITY LAW FIRM

Administration’s bid to end TPS halted by judge

On Behalf of | Oct 5, 2018 | Asylum |

A U.S. District Judge in San Francisco granted a preliminary injunction to stop the Trump administration’s attempt to terminate the Temporary Protected Status (TPS) program. This means that 300,000 immigrants from El Salvador, Nicaragua, Haiti and Sudan are breathing little easier today. The humanitarian program was created in 1990 to provide safe haven to immigrants fleeing civil war or natural disasters, enabling immigrants to legally live and work in the U.S. Many have since given birth to and raised U.S. citizens here.

This ruling is in response to the American Civil Liberties Union (ACLU) alleging that the Trump administration was not observing the constitutional protections of due process and equal protection. The judge ruled less than two weeks after hearing arguments.

Decision based on animus directed at non-white immigrants

The judge requested and received documents from administration officials pushing for the termination of the program. This ruling is also based on comments by the President himself, who has called referred to some countries with immigrants as “Shithole countries.”

The court goes on to argue that elected officials should not have jurisdiction to decide the safety and security of our citizens, nor the enforcement of the country’s immigration laws. The judge also concluded that there would be irreparable harm and hardship to people (including children) displaced after living in this country for a decade or more. The judge further added that the administration was unable to show how allowing these immigrants to stay would cause harm.

Law enforcement takes their orders from the administration

The ACLU continues to do great work, but the organization cannot keep track of everyone. It is important to contact an immigration lawyer if an immigrant involved in TPS or other program is singled out or targeted in any way. Immigrants have rights in the United States, which seemingly runs counter to the current administration’s thinking.

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