Temporary Protected Status (TPS), as the 9th Circuit Court of Appeals’ decision ruled in Ramos v Nielsen is not only cruel, but woefully misguided. As noted in this press release, the consequences of ending TPS since such individuals are the ones risking their lives on the front lines during this pandemic.
"The irony of a racist administration seeking to destabilize and harm community members who are playing an integral role in stabilizing the country in its time of need cannot go unnoticed."
This decision will now go to the SCOTUS.
-Angela Valenzuela
September 14, 2020
Washington, DC- UndocuBlack Network shares anger and outrage about the 9th Circuit Court of Appeals’ decision to rule in favor of the Trump Administration in Ramos v Nielsen and againstTemporary Protected Status (TPS) holders. As we continue to endure the unique challenges of surviving a global pandemic, this judgment against our communities runs the risk of causing further harm to an already vulnerable population. Today’s decision will certainly affect over 300,000 TPS holders from El Salvador, Haiti, Nicaragua and Sudan. TPS holders from Nepal and Honduras are impacted by the Bhatteri v. Nielsen case which is likely to follow the pattern set by the ninth circuit court decision on the Ramos case, thereby ending TPS for them in the near future as well. The Trump administration challenged the bare minimum provision of TPS and today’s ruling from the ninth circuit affirmed Trump’s racist arguments.
Overview of the Legal Holding
The appellate court decided that the plaintiff’s claim under the Administrative Procedures Act (APA) is not reviewable. The court explained that the claim did not challenge a procedure, but rather the substance of a law, which the APA does not cover. In the opinion posted today the court also held that the district court “abused its discretion” in concluding that the Plaintiffs presented “at least serious questions on the merits of their Equal Protection claim.”
They further explained their denial of this claim by saying that there was no evidence that the racist statements Trump has made in the past, were a direct motivation for the termination of TPS.
Next Steps and Response from the Communities
As the United States continues to face an onslaught of COVID-19 cases, TPS holders have been instrumental on the front lines by providing care in hospitals and other essential industries. The irony of a racist administration seeking to destabilize and harm community members who are playing an integral role in stabilizing the country in its time of need cannot go unnoticed. The decision of the Ninth Circuit judges today to side with the government further enables the Trump administration’s continued and systematic racism and destruction of programs that benefit Black and Brown immigrants.
United States Citizenship and Immigration Services (USCIS) must respond to today’s decision with the agency’s guidelines or plans to move forward with the termination of the program. Since the decision was received after September 4, 2020, the January 4, 2021 expiration date for work permits and status for TPS holders stand. USCIS must also give notice before ending TPS. It is expected that the earliest they could do another termination date is in March 2021. UndocuBlack Network will continue to fight against such cruel policies until equity is achieved for our immigrant communities.
“The Temporary Protected Status program gives hope to Nicaraguans who come to this country in search of stability and progress. Today's decision to end TPS is a continuation of biased, unfair immigration policy. Weaponizing TPS is psychologically violent to thousands of Nicaraguans who escaped natural disasters, political persecution, and economic turmoil. This ploy is itself a disaster, persecution, and turmoil. What needs to end is inhumanity.“ - Ana, Nicaraguan, UndocuBlack member
“I don’t really know what to say right now. I do know that this isn’t over until the Supreme Court decides, we will keep fighting. I am currently finishing my studies and working, other people I know have kids going back to school. I was having a good day until this, I was looking forward to making future plans.” -- Lys, Haitian TPS holder, UndocuBlack member
“ The floundering Trump administration has failed at every opportunity to create any positive progress for the country for four disastrous years; instead they’ve created a trail of preventable deaths, destruction, and turmoil. Caging children was not enough, holding children hostage in hotels awaiting deportation was not enough---a global pandemic was not enough to stop their racist rampage against Black and Brown immigrants, families, and children. The resources put towards endless court cases and the deportation machine called ICE shows a consistent lack of reasoning, prioritizing, and overall leadership. The country and our people can not, should NOT be put through four more years of this incompetence, and destruction. This administration is a toxin, and the time to stand firmly on the right side of history is now. We need everyone and anyone who cares about us to dismiss this TPS ruling and be committed to fighting like hell to make sure the work permits for folks do not expire as slated for January 4, 2021.”--Patrice Lawrence, Co-director of UndocuBlack
Press can contact our Communications Coordinator:
Bethelhem@undocublack.org with any questions.
In Solidarity,
UndocuBlack
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