A federal appeals court in San Francisco has issued an emergency stay that allows the Trump administration to pause a lower court order related to Temporary Protected Status (TPS). This stay affects about 60,000 immigrants from Honduras, Nicaragua, and Nepal, who have fought to maintain their protections. The National TPS Alliance, representing these immigrants, argues that the decision to terminate TPS was not only unlawful but also infused with racial bias.
On July 31, federal judge Trina Thompson granted a temporary reprieve from the Department of Homeland Security’s (DHS) attempt to repeal TPS for these individuals. In her ruling, Judge Thompson criticized DHS Secretary Kristi Noem, asserting that her decisions regarding TPS were likely preordained and violated the Administrative Procedure Act. She highlighted that Noem’s motivations seemed rooted in racial animus, stating, “Instead, they are told to atone for their race, leave because of their names, and purify their blood. The Court disagrees.”
The appeals court, consisting of judges appointed by various presidents, including Trump, placed a hold on Thompson’s decision while the case progresses. The panel also made it clear that it would not freeze any district court-related actions, noting that management of the docket remains under the trial judge’s authority.
The lawsuit, brought forth by TPS holders and their advocates, paints a stark picture of those affected. According to their attorneys, these individuals have been integral parts of their communities, serving as laborers, health workers, and artists. They have relied on TPS for stability, especially during crises back home. The plaintiffs argue that Noem’s decision failed to consider crucial country-specific factors, denying them the protections afforded under the law.
Opponents of the termination claim that the notice period given—just 60 days—was historically short and inadequate. The attorneys contend that the Trump administration has systematically employed “racist invective” in justifying such critical decisions around TPS, further complicating the future for many who have called the U.S. home for years.
The TPS program serves to offer temporary relief for immigrants unable to safely return to their countries due to dire circumstances, like natural disasters or conflict. The stakes are high, as the administration’s efforts to terminate TPS could lead to the deportation of roughly 61,000 individuals, stripping them of their legal status and work permits. The outcome of this legal battle will significantly impact these immigrants and the fabric of the communities they have enriched in the United States.
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