U.S. court allows Trump to phase out immigrant humanitarian protections

webfact · September 14, 2020

U.S. court allows Trump to phase out immigrant humanitarian protections

By Ted Hesson

U.S. President Donald Trump dances to the song "YMCA" as he concludes a campaign rally with supporters in Henderson, Nevada, U.S. September 13, 2020. REUTERS/Jonathan Ernst

WASHINGTON (Reuters) - A U.S. appeals court on Monday sided with President Donald Trump over his administration's decision to end humanitarian protections for hundreds of thousands of immigrants, many of whom have lived in the United States for decades.

In a 2-1 ruling, a panel of three judges in the California-based 9th U.S. Circuit Court of Appeals reversed a lower court decision that had blocked Trump's move to phase out so-called Temporary Protected Status (TPS) for people from El Salvador, Haiti, Nicaragua and Sudan.

The ruling is also expected to affect the status of people from Honduras and Nepal, who filed a separate lawsuit that was suspended last year pending the outcome of the broader case.

The appeals court ruling means that those immigrants will be required to find another way to remain in the United States legally or depart after a wind-down period at least until early March and longer in the case of El Salvador.

Judge Consuelo Callahan, an appointee of Republican former President George W. Bush, wrote in a 54-page opinion that the Trump administration decisions to phase out the protections were not reviewable and therefore should not have been blocked.

Callahan also rejected a claim by plaintiffs that Trump's past criticism of non-white, non-European immigrants influenced the TPS decisions.

"While we do not condone the offensive and disparaging nature of the president’s remarks, we find it instructive that these statements occurred primarily in contexts removed from and unrelated to TPS policy or decisions," she wrote.

An attorney with the American Civil Liberties Union of Southern California, which represents plaintiffs in the lawsuit, said on Monday that they planned to seek another "en banc" review of the matter by 11 of the appeals court's judges.

The attorney, Ahilan Arulanantham, called the decision "deeply flawed" during a call with reporters, and said the case eventually could be appealed to the U.S. Supreme Court, depending on the outcome of the request for a broader appeals court review.

The termination of TPS for Haitians is also subject to separate litigation in the 2nd U.S. Circuit Court of Appeals in New York. The appeals court heard arguments in that case in June, but has not yet ruled.

Trump has made his tough immigration stance a hallmark of his presidency and 2020 re-election campaign against Democratic challenger Joe Biden.

TPS allows foreigners whose home countries experience a natural disaster, armed conflict or other extraordinary event to remain in the United States and apply for work permits. The status must be renewed periodically by the secretary of homeland security, who can extend it for six- to 18-month intervals.

The Trump administration has argued that most countries in the program have recovered from the related disasters or conflicts, while the status has been renewed for years beyond its need.

The Biden campaign has called the TPS decisions "politically motivated" and said that Biden would protect enrollees from being returned to unsafe countries.

Immigrants from El Salvador make up the largest group of TPS recipients, with an estimated 263,000 Salvadorans covered by the program, but a bilateral agreement will allow Salvadorans an additional year to stay in the United States if the courts ultimately uphold Trump's termination.

(Reporting by Ted Hesson and Mica Rosenberg; editing by Ross Colvin, Grant McCool and Jonathan Oatis)

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Paul Henry · September 15, 2020

How come Trump didn't include his wife and her country.? OPS forgot two sets of rules one for the rich and one for the poor.Hopefully come March the new government will reverse the decision. Trumps racism once again shows through. Once America was an humanitarian country.

tomazbodner · September 15, 2020

43 minutes ago, Paul Henry said:

How come Trump didn't include his wife and her country.? OPS forgot two sets of rules one for the rich and one for the poor.Hopefully come March the new government will reverse the decision. Trumps racism once again shows through. Once America was an humanitarian country.

Be careful... last time I mentioned she was Slovenian, I was attacked by pro-Trump and Trump-hater posters that she's American now...

stevenl · September 15, 2020

If this is all there is to it, people going to the US for a temporary stay due to natural disaster in home countries, then it make sense to end that stay when the situation in the home country has normalised again.

simple1 · September 15, 2020

1 hour ago, stevenl said:

If this is all there is to it, people going to the US for a temporary stay due to natural disaster in home countries, then it make sense to end that stay when the situation in the home country has normalised again.

There are many who have resided in the US for years, have children who are US citizens and so on. Countries have ongoing strife with breakdown of law and order, death squads, endemic corruption and so on. it seems to me to be especially cruel for families with children who are US citizens. We can assume this matter will end up in the Supreme Court after trump has been removed from power - wonder if the ramification of the proposed legislation will be a negative for trump with Latino voters.

Edited September 15, 2020 by simple1

twocatsmac · September 15, 2020

Too many economic immigrants/beggars already scrounging of the US, same problem in the UK.

Time to begin shipping them home to help rebuild their own countries.

Most appear unhappy anyway, protesting and constantly whining, you’d think they’d want to be free of repression in America.

Edited September 15, 2020 by twocatsmac

stevenl · September 15, 2020

1 hour ago, simple1 said:

There are many who have resided in the US for years, have children who are US citizens and so on. Countries have ongoing strife with breakdown of law and order, death squads, endemic corruption and so on. it seems to me to be especially cruel for families with children who are US citizens. We can assume this matter will end up in the Supreme Court after trump has been removed from power - wonder if the ramification of the proposed legislation will be a negative for trump with Latino voters.

Thanks, so there is more to it than explained in the OP.

unblocktheplanet · September 15, 2020

He does know The Village People are gay, right???

unblocktheplanet · September 15, 2020

11 hours ago, tomazbodner said:

Be careful... last time I mentioned she was Slovenian, I was attacked by pro-Trump and Trump-hater posters that she's American now...

Birther!!!

MajarTheLion · September 15, 2020

21 hours ago, Paul Henry said:

How come Trump didn't include his wife and her country.? OPS forgot two sets of rules one for the rich and one for the poor.Hopefully come March the new government will reverse the decision. Trumps racism once again shows through. Once America was an humanitarian country.

Melania Trump is a US citizen.

LazySlipper · September 16, 2020

On 9/15/2020 at 8:06 AM, Paul Henry said:

How come Trump didn't include his wife and her country.? OPS forgot two sets of rules one for the rich and one for the poor.Hopefully come March the new government will reverse the decision. Trumps racism once again shows through. Once America was an humanitarian country.

Funny you should talk of racism on a Thai forum. Neo liberals are going around stirring dung as they always have yet ignore how the rest of the world treats immigrants... Try to go settle down in South Korea or buy property in most of the non-western world... I am neither a Republican nor a Democrat but from what I observe is going on in America I would say that the liberals need to get out in the world to see what is really going on. Canada and the US have been bending over long enough making our countries havens for people who would not even give us the time of day if we needed it. So, as a Canadian, do I agree with Trump on this one? Hall yeah! And I wish Canada would do the same. As a Canadian there are so many hoops I would have to jump through to bring in my wife that I simply can't be bothered. Whereas illegal immigrants will get welfare and an all expense paid stay on my back and taxes. Considering how we are treated here I really don't see how Trump is being unfair!

simple1 · September 16, 2020

47 minutes ago, LazySlipper said:

Funny you should talk of racism on a Thai forum. Neo liberals are going around stirring dung as they always have yet ignore how the rest of the world treats immigrants... Try to go settle down in South Korea or buy property in most of the non-western world... I am neither a Republican nor a Democrat but from what I observe is going on in America I would say that the liberals need to get out in the world to see what is really going on. Canada and the US have been bending over long enough making our countries havens for people who would not even give us the time of day if we needed it. So, as a Canadian, do I agree with Trump on this one? Hall yeah! And I wish Canada would do the same. As a Canadian there are so many hoops I would have to jump through to bring in my wife that I simply can't be bothered. Whereas illegal immigrants will get welfare and an all expense paid stay on my back and taxes. Considering how we are treated here I really don't see how Trump is being unfair!

Canadian illegal immigrants' myths

https://www.visaplace.com/blog-immigration-law/3-more-untrue-immigration-myths-illegal-immigrants-in-canada/

LazySlipper · September 16, 2020

6 minutes ago, simple1 said:

Canadian illegal immigrants' myths

https://www.visaplace.com/blog-immigration-law/3-more-untrue-immigration-myths-illegal-immigrants-in-canada/

Funny... the website is sponsored by a law firm and at the end of the so called "MYTHS" they advertise this:

Are You An Illegal Immigrant Looking for An Attorney?

Edited September 16, 2020 by LazySlipper

simple1 · September 16, 2020

9 minutes ago, LazySlipper said:

Funny... the website is sponsored by a law firm and at the end of the so called "MYTHS" they advertise this:

Are You An Illegal Immigrant Looking for An Attorney?

Whatever, can you prove the info they provide is factually incorrect?

i84teen · September 16, 2020

"But when Donald Trump—the U.S. president whose administration separates children from their families to deter asylum-seekers—says there is much to be learned from Australia’s immigration policies, it’s a fresh reminder of just how bad things have become.

Australia’s asylum policies—which see asylum-seekers languishing for years under inhumane conditions in offshore detention centers in Papua New Guinea and Nauru—are already a source of great shame for many Australians. Widely condemned by human rights groups and the United Nations, the policies contravene various human rights charters, including the 1951 Refugee Convention and even the Convention Against Torture. A U.N. report called on Australia to close the offshore centers, finding “inadequate mental health services, serious safety concerns and instances of assault, sexual abuse, self-harm and suspicious deaths; and about reports that harsh conditions compelled some asylum seekers to return to their country of origin despite the risks that they face there.” Just last week, a former detainee who spent six years on Manus Island begged the U.N. Human Rights Council to hold Australia to account, calling the centers—not just the circumstances they were fleeing—a humanitarian crisis."

https://slate.com/news-and-politics/2019/07/trump-morrison-australia-immigration-manus-nauru.html

Talk about messed up human abuses against immigrants.

Edited September 16, 2020 by i84teen

AussieBob18 · September 16, 2020

7 minutes ago, i84teen said:

"But when Donald Trump—the U.S. president whose administration separates children from their families to deter asylum-seekers—says there is much to be learned from Australia’s immigration policies, it’s a fresh reminder of just how bad things have become.

Australia’s asylum policies—which see asylum-seekers languishing for years under inhumane conditions in offshore detention centers in Papua New Guinea and Nauru—are already a source of great shame for many Australians. Widely condemned by human rights groups and the United Nations, the policies contravene various human rights charters, including the 1951 Refugee Convention and even the Convention Against Torture. A U.N. report called on Australia to close the offshore centers, finding “inadequate mental health services, serious safety concerns and instances of assault, sexual abuse, self-harm and suspicious deaths; and about reports that harsh conditions compelled some asylum seekers to return to their country of origin despite the risks that they face there.” Just last week, a former detainee who spent six years on Manus Island begged the U.N. Human Rights Council to hold Australia to account, calling the centers—not just the circumstances they were fleeing—a humanitarian crisis."

https://slate.com/news-and-politics/2019/07/trump-morrison-australia-immigration-manus-nauru.html

Talk about messed up human abuses!

The vast majority of Aussies support the policies of the Aust Govt against illegal immigrants (fake refugees). You are speaking for a minority - otherwise Labor would have won the last election. Since the Howard Govt introduced the laws to ban illegal immigrants (and save lives lost at sea) Aussies have supported it. It was one of the reasons Labor was thrown out after they reduced the Howard rules and swarm sof illegals came back (and many died). There has been no evidence of inhuman conditions - that is all fake news by the left wing press and Un groups who want open borders. Trump in USA is showing the way - deport all of them - no exceptions. By the way - Trump tried to negotiate a deal with the Democrats and they refused - because most of the illegals vote Dems and the Dems want millions more to come in. The Wall is going Up - and the Illegals are going Out.

stevenl · September 16, 2020

6 minutes ago, AussieBob18 said:

<snip>By the way - Trump tried to negotiate a deal with the Democrats and they refused - because most of the illegals vote Dems and the Dems want millions more to come in.<snip>

Illegals don't vote.

LazySlipper · September 16, 2020

35 minutes ago, simple1 said:

Whatever, can you prove the info they provide is factually incorrect?

What are you on about bub?

You posted the link maybe you should read what you post.

By asking if you are an illegal immigrant they are actually confirming that there are some.

Edited September 16, 2020 by LazySlipper

Bluespunk · September 16, 2020

On 9/15/2020 at 12:24 AM, webfact said:

A U.S. appeals court on Monday sided with President Donald Trump over his administration's decision to end humanitarian protections for hundreds of thousands of immigrants, many of whom have lived in the United States for decades.

Thank goodness November is coming up quickly...don't normally wish my life away, but the sooner this man is removed from the White House the better

Neeranam · September 16, 2020

On 9/15/2020 at 8:06 AM, Paul Henry said:

How come Trump didn't include his wife and her country.? OPS forgot two sets of rules one for the rich and one for the poor.Hopefully come March the new government will reverse the decision. Trumps racism once again shows through. Once America was an humanitarian country.

erm, because it's his wife.

Neeranam · September 16, 2020

14 minutes ago, Bluespunk said:

Thank goodness November is coming up quickly...don't normally wish my life away, but the sooner this man is removed from the White House the better

You may be wishing the next 4 years away if you dislike Trump.

Bluespunk · September 16, 2020

23 minutes ago, Neeranam said:

You may be wishing the next 4 years away if you dislike Trump.

Don’t think so...

simple1 · September 16, 2020

2 hours ago, LazySlipper said:

What are you on about bub?

You posted the link maybe you should read what you post.

By asking if you are an illegal immigrant they are actually confirming that there are some.

The link I provided countered a number of claims you made concerning 'illegals". Unless you can disprove via a credible source, I'm calling you out for posting false info.

thaibeachlovers · September 16, 2020

On 9/15/2020 at 5:26 PM, simple1 said:

There are many who have resided in the US for years, have children who are US citizens and so on. Countries have ongoing strife with breakdown of law and order, death squads, endemic corruption and so on. it seems to me to be especially cruel for families with children who are US citizens. We can assume this matter will end up in the Supreme Court after trump has been removed from power - wonder if the ramification of the proposed legislation will be a negative for trump with Latino voters.

Why do people that know they only have temporary residence have children then? They should not, but they know that children born in the US are anchor babies.

If they choose to have children that should not affect their return as they can take the children with them.

The world is full of strife, but why is it that the US is seen as responsible for every person at risk?

Australia has the right policy.

simple1 · September 16, 2020

56 minutes ago, thaibeachlovers said:

Why do people that know they only have temporary residence have children then? They should not, but they know that children born in the US are anchor babies.

If they choose to have children that should not affect their return as they can take the children with them.

The world is full of strife, but why is it that the US is seen as responsible for every person at risk?

Australia has the right policy.

How is US government going to enforce contraception? Forcibly return children to a country they have never lived in?

Never read people hold the US responsible for every person at risk - hyperbole. You're sounding more like trump every day...

Edited September 16, 2020 by simple1

Rimmer · September 16, 2020

An unsubstantiated claim leading to bickering has been removed, also replies

thaibeachlovers · September 17, 2020

18 hours ago, simple1 said:

How is US government going to enforce contraception? Forcibly return children to a country they have never lived in?

Never read people hold the US responsible for every person at risk - hyperbole. You're sounding more like trump every day...

I never said the government could. I said the illegal person should not, but that they do so IMO because they know the child can't be deported.

The US can't remove children born in the US but they can remove the illegal parent(s). Up to them if they take the child.

thaibeachlovers · September 17, 2020

30 minutes ago, simple1 said:

No doubt there are some who abuse the welfare system, such as working cash in hand, presumably enabled by citizen employers, but not all as you infer. Those born as citizens would defraud the welfare system, of whom there would be far larger numbers than immigrants being supported by tax payer funds.

You use the insulting language of the 'conservative', to claim you're not 'right wing' is laughable. About time for you to get off your bigoted soap box.

Up to me employing an illegal would be a mandatory jail term for any legal citizen that does so. They are the worst sort of people as they exploit the vulnerable to save themselves money.

Scott · September 17, 2020

An abusive post has been removed and a member has been suspended. Replies have been removed as well. Keep it civil and on topic.

Morch · September 17, 2020

2 hours ago, thaibeachlovers said:

Up to me employing an illegal would be a mandatory jail term for any legal citizen that does so. They are the worst sort of people as they exploit the vulnerable to save themselves money.

So, lock them up?

5 questions about President Trump’s use of undocumented workers

https://www.washingtonpost.com/politics/5-questions-about-president-trumps-use-of-undocumented-workers/2019/12/04/29439928-16a2-11ea-a659-7d69641c6ff7_story.html

So Trump Employs Undocumented Immigrants at His Properties and Nobody Really Cares?

https://www.esquire.com/news-politics/a30379305/trump-winery-undocumented-workers-fired/

Attorney says more undocumented workers are employed at Trump golf course

https://thehill.com/hilltv/rising/423465-attorney-says-more-undocumented-workers-are-employed-at-trump-golf-course

What Donald Trump Knew About Undocumented Workers at His Signature Tower

https://time.com/4465744/donald-trump-undocumented-workers/

‘I Don’t Run It’: Trump Responds to Reports of Undocumented Workers at His Properties

https://www.nytimes.com/2019/07/05/us/trump-golf-course-undocumented-immigrants.html

Border chief explains why there have been no ICE raids at Trump properties