A federal judge in Northern California has issued an order temporarily halting the government’s decision to terminate Temporary Protected Status (TPS) for El Salvador, Haiti, Sudan and Nicaragua.
TPS for these countries was set to terminate on various dates in 2018 and 2019; the earliest being Sudan which was set to terminate next month. The ACLU and other immigrant-rights organizations filed suit, challenging the government’s decision to terminate TPS.
Judge Edward Chen found that the Plaintiffs – TPS recipients and their U.S. citizen children – made a compelling case that the government inexplicably changed the criteria for deciding whether to terminate TPS for El Salvador, Haiti, Sudan and Nicaragua. Judge Chen also found substantial evidence that the decision to terminate TPS for the affected countries was motivated by hostility towards non-white, non-European immigrants, in violation of the Equal Protection Clause of the U.S. Constitution.
Although this decision is welcome news, it is not the final word on the TPS program. The Court has not ordered that TPS be reinstated for the affected countries. This order only means that TPS must remain in place while the litigation regarding the legality of the termination goes forward.
You can read more about the litigation here: https://www.aclusocal.org/en/press-releases/federal-court-blocks-trumps-termination-legal-status-hundreds-thousands-tps-holders
The Court’s order gives over 300,000 TPS holders a bit of a reprieve. However, we continue to advise TPS holders to act now and seek legal advice regarding alternative immigration options that may be available. Some TPS holders may be eligible for other relief under the current immigration laws as many have US citizen spouses or adult children who could sponsor them for permanent residence. Others may even be able to benefit from an employer’s sponsorship. If you are a TPS recipient and have questions about your status and alternative immigration options in the United States, contact our office today at 213 – 627 – 8997.