Court Rules in Favor of Trump Administration’s Move to End Temporary Protected Status for More Than 300,000 Immigrants
In a 2-1 decision, a ninth circuit court of appeals ruled on September 14th that the Trump Administration can end Temporary Protected Status (TPS) for more than 300,000 immigrants from El Salvador, Haiti, Nicargua, and Sudan. The Administration first moved to terminate TPS for immigrants from the four countries in 2017 and 2018 but was prevented by an injunction issued by a U.S. district court. According to the ruling, the Administration’s termination of TPS was not motivated by the President’s “animus against non-white, non-European immigrants.”
While TPS holders from El Salvador will be allowed to legally reside in the U.S. until November 2021, those from Haiti, Sudan, and Nicargua could lose their legal status as early as March 2021. With little to no pathways for citizenship, the loss of legal status will uproot the lives of both TPS holders and their families who have lived, worked, and contributed to the U.S. — some for more than 20 years.
For more information on Temporary Protected Status, click here for a fact sheet by the National Immigration Forum or visit the USCIS website by clicking here.
Immigrants being faced with losing their legal status may also face being forcibly returned to a country plagued by violence, corruption, organized criminal groups and other non-state actors. Human Rights Watch reported that El Salvador has one of the highest rates of homicide in the world, ineffective security forces – who have also been implicated in human rights violations – and a large gang presence. The U.S. State Department reported that in 2019 Nicargua experienced an onslaught of human rights violations committed under its current president. Haiti, Sudan, and Nicaragua also rank among some of the most corrupt countries in the world, with Sudan and Haiti experiencing civil unrest for most of 2019.
Each of the four countries are also some of the most vulnerable to the adverse effects of climate change. The World Bank places El Salvador among one of the countries most affected by weather-related events and other hazards. Consequently, the country experiences an annual loss of about 2.5 percent of GDP. USAID has stated Sudan is one of the most vulnerable countries in the world to climate change and variability and that it could hinder efforts to combat poverty, reduce food insecurity, and sustainably manage natural resources. As the world sees hurricanes increase in both intensity and frequency, the number of Haitians displaced will continue to rise. Moreover, this year’s hurricane season has already left 21 Haitians dead. In Nicaragua, according to the UN Development Programme, climate change could cause insecurity in water resources, increase exposure to coastal flooding, increase health risks, and collapse entire ecosystems.
Also in the news…
A whistleblower complaint submitted to the Department of Homeland Security (DHS) on September 14th alleges mistreatment, inadequate care, and human rights abuses against migrants held at the Irwin County Detention Center in Georgia. The complaint details the accounts of migrants in detention and that of whistleblower, Dawn Wooten — a licensed practical nurse employed at the detention center.
Allegations in the complaint include:
- High rates of hysterectomies performed on migrant women
- The shredding of medical requests submitted by detainees
- The fabrication of medical records
- Unsanitary conditions in medical and quarantine units
- Staff working despite displaying COVID-19 symptoms and awaiting test results
- Staff withholding of information on who has tested positive for COVID-19 in the facility
- Staff reprimanded for speaking out against violations and following public health guidelines
- Punishing detainees with solitary confinement for speaking out against injustices
- Lack of proper PPE used in the facility
Following news of the complaint, immigrant rights organizations called for the closure of the facility and demanded that ICE be held accountable. Members of Congress requested that the Office of Inspector General immediately open an investigation also, expressing their deep concern for the health and welfare of those in detention and the rates of hysterectomies being reported. According to several news sources, DHS has begun investigating the allegations.