News

Appeals court reverses injunction blocking removal of protected immigrant groups

If decision stands, federal agency could remove people under 'temporary protected status' from U.S. in 2021

Los Altos High School students and staff march down El Camino Real in defense of immigrant rights on Sept. 26, 2017. Photo by Michelle Le.

A federal appeals court in San Francisco on Monday reversed a 2018 preliminary injunction that blocked the Department of Homeland Security from terminating "temporary protected status" designations, which allowed an estimated 400,000 immigrants from six countries to remain in the U.S.

Ahilan Arulanantham, lead counsel for the plaintiffs in the case, said that they were "deeply disappointed" by the decision by the 9th U.S. Circuit Court of Appeals and they intend to seek review of the panel decision by all of the judges of the 9th Circuit and, should that not be successful, by the U.S. Supreme Court.

Should the decision stand, the earliest dates on which the DHS could remove TPS holders from the U.S. is March 5, 2021 for people from Sudan, Nicaragua, Haiti, Honduras and Nepal and Nov. 5, 2021 for people from El Salvador. People from those countries have been allowed to stay in the U.S. due to war, disaster or other "extraordinary and temporary" conditions in their home countries.

The ruling not only affects the TPS holders but more than 200,000 of their children who were born in the United States and hold U.S. citizenship, according to Arulanantham.

The majority opinion, authored by Judge Consuelo M. Callahan, found that Congress had decided that direct challenges to DHS decisions to terminate the TPS designations were not subject to review by the courts.

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The majority rejected arguments that review was appropriate because the plaintiffs challenged a collateral matter — DHS abandonment of a long-standing practice of considering subsequent events in designated countries when considering TPS status.

The majority also rejected a challenge based on President Donald Trump's alleged "animus" against people from the designated countries.

In entering the injunction, the District Court had found that Trump's public comments revealed "an animus against non-white, non-European aliens". The majority found there was no evidence that Trump's alleged animus influenced DHS' decision to terminate the designations.

In a 50-page dissenting opinion, Judge Morgan Christen sharply disagreed with the majority.

She said, "the consequences of the majority's decision are monumental, but the majority's reasoning is deeply flawed."

Christen would have affirmed the District Court's decision based on her view that the plaintiffs did not directly challenge the DHS termination, but the collateral policy change.

Callahan and Judge Ryan D. Nelson, who concurred in the decision, were appointed to the 9th Circuit by Presidents George W. Bush and Trump, respectively. Judge Christen was appointed by former President Barack Obama.

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Appeals court reverses injunction blocking removal of protected immigrant groups

If decision stands, federal agency could remove people under 'temporary protected status' from U.S. in 2021

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Uploaded: Tue, Sep 15, 2020, 9:42 am

A federal appeals court in San Francisco on Monday reversed a 2018 preliminary injunction that blocked the Department of Homeland Security from terminating "temporary protected status" designations, which allowed an estimated 400,000 immigrants from six countries to remain in the U.S.

Ahilan Arulanantham, lead counsel for the plaintiffs in the case, said that they were "deeply disappointed" by the decision by the 9th U.S. Circuit Court of Appeals and they intend to seek review of the panel decision by all of the judges of the 9th Circuit and, should that not be successful, by the U.S. Supreme Court.

Should the decision stand, the earliest dates on which the DHS could remove TPS holders from the U.S. is March 5, 2021 for people from Sudan, Nicaragua, Haiti, Honduras and Nepal and Nov. 5, 2021 for people from El Salvador. People from those countries have been allowed to stay in the U.S. due to war, disaster or other "extraordinary and temporary" conditions in their home countries.

The ruling not only affects the TPS holders but more than 200,000 of their children who were born in the United States and hold U.S. citizenship, according to Arulanantham.

The majority opinion, authored by Judge Consuelo M. Callahan, found that Congress had decided that direct challenges to DHS decisions to terminate the TPS designations were not subject to review by the courts.

The majority rejected arguments that review was appropriate because the plaintiffs challenged a collateral matter — DHS abandonment of a long-standing practice of considering subsequent events in designated countries when considering TPS status.

The majority also rejected a challenge based on President Donald Trump's alleged "animus" against people from the designated countries.

In entering the injunction, the District Court had found that Trump's public comments revealed "an animus against non-white, non-European aliens". The majority found there was no evidence that Trump's alleged animus influenced DHS' decision to terminate the designations.

In a 50-page dissenting opinion, Judge Morgan Christen sharply disagreed with the majority.

She said, "the consequences of the majority's decision are monumental, but the majority's reasoning is deeply flawed."

Christen would have affirmed the District Court's decision based on her view that the plaintiffs did not directly challenge the DHS termination, but the collateral policy change.

Callahan and Judge Ryan D. Nelson, who concurred in the decision, were appointed to the 9th Circuit by Presidents George W. Bush and Trump, respectively. Judge Christen was appointed by former President Barack Obama.

Comments

Stop population growth
Registered user
Downtown North
on Sep 15, 2020 at 11:43 am
Stop population growth, Downtown North
Registered user
on Sep 15, 2020 at 11:43 am
8 people like this

Overpopulation is a huge problem in this country and around the world. We should take every opportunity not to move people from lower consuming countries to the most consumptive country in the world. Further we should work to limit our population and consumption to balance with the environment.

Numbers of people matter when it comes to clean water, clean air, resource utilization and ability to survive. Between 1970 and 2016 there has been an average 68% decline in populations of 4,392 monitored species of mammals, birds, fish, reptiles and amphibians. This is directly due to human overpopulation and destruction of habitat.

Every attempt should be made to try to educate people about population control, over-consumption and the cost to the natural world.


Novelera
Registered user
Midtown
on Sep 15, 2020 at 12:39 pm
Novelera, Midtown
Registered user
on Sep 15, 2020 at 12:39 pm
Like this comment

@Stop Population Growth. Huh?


Resident 1-Adobe Meadows
Registered user
Adobe-Meadow
on Sep 15, 2020 at 7:32 pm
Resident 1-Adobe Meadows, Adobe-Meadow
Registered user
on Sep 15, 2020 at 7:32 pm
2 people like this

Do you get a world map from Doctors without Borders? Do you have a map of the state pf CA? Put those on your wall and put a pin where PA is. Next look at where all of these immigrants are coming from. Many are coming from former colonies of the EU countries. We were once colonies of the major EU countries. Those countries are part of the UN where they are suppose to have some type protection. How is that working out?
The world cannot tip all of the people into the US and the state of CA. In today's world they need to be rebuilding their heritage countries and putting together the school systems and food systems there. The knowledge is there - they have to make it work for them. We are working here to make this work for us.


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