A three-judge panel for the 9th Circuit Court Appeals said it could not second guess the Trump administration’s efforts to end Temporary Protected Status (TPS) for roughly 300,000 immigrants from El Salvador, Haiti, Nicaragua and Sudan. Two Republican-appointed judges on the panel ruled that decisions by the U.S. Department of Homeland Security to wind down the TPS programs were not reviewable, setting aside a lower court order that had prevented officials from ending these protections.
By Breitbart News
A three-judge panel in California’s Ninth Circuit Court of Appeals says President Donald Trump can end the temporary amnesty provided to roughly 300,000 migrants from El Salvador, Haiti, Nicaragua, and Sudan.
The 2:1 decision on September 14 is an important win for Trump, but it will be appealed further by pro-migration groups and by business groups and cities that gain from the resident population of mostly lower-skill migrants.
For example, the Salvadoran migrants got their “Temporary Protected Status” (TPS) and work permits in 2001 from President George W. Bush — even though many of the migrants were illegals — when earthquakes deeply damaged their country. But Bush and President Barack Obama repeatedly renewed the status, even though El Salvador recovered from the earthquakes.
In 2017, Trump announced he would end the TPS status because El Salvador and the countries had recovered from their disaster, even though they remained poor.
Trump’s policy would likely help Americans — including lower-skilled legal immigrants — by opening up new jobs, raising wages, and bringing down housing prices.
Pro-migration groups protested Trump’s anti-TPS policy, saying the 300,000 migrants — and perhaps roughly 200,000 U.S. citizen spouses and children — would lose from the decision.
“Despite overwhelming evidence that Trump’s TPS terminations were motivated by racism, this action will move forward and it now clears the way for the Trump Administration to de-document and tear apart 400,000 families,” said a statement from the National TPS Alliance. It continued:
In 2018, a Californian district judge blocked Trump and ordered him to continue TPS for people from El Salvador and similar groups from Sudan, Haiti, and Nicaragua. He wrote:
In the September 14 decision, two of the three judges on the panel slammed the lower-court district judge who had preserved the amnesty:
Panel member Judge Ryan Nelson reminded the plaintiffs that judges do not invent laws:
The third judge on the panel, Morgan Christen, said judges should be allowed to block Trump’s political choices:
Obama nominated Judge Christen. Trump nominated judge Nelson. President George W. Bush nominated the third judge, Consuela Callahan.
The migrants are unlikely to be sent home in the next few months.
For example, Trump has negotiated deals with El Salvador to help U.S. border agencies quickly send migrants away from the U.S. border. Under current timelines, TPS status for the Salvadoreans is expected to end in 2022 if Trump wins the 2020 election.
The case, Crista Ramos v. Chad F. Wolf, was heard in the U.S. Court of Appeals for the Ninth Circuit. The case number is No. 18-16981.