Ninth Circuit says DHS can deport 60,000 TPS migrants.

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A federal court of appeals today stayed a lower court’s final ruling in National TPS Alliance v. Noem (NTPSA II) that held the Trump administration’s abrupt termination of Temporary Protected Status (TPS) for more than 60,000 individuals from Honduras, Nepal and Nicaragua was unlawful.

The U.S. Court of Appeals for the Ninth Circuit’s summary ruling follows an emergency request from the Trump administration, and leaves thousands of immigrants who have lived in the U.S. for more than two decades at risk of detention and deportation.

“I cannot bear the thought of being separated from my family. I have lived in this country since I was a toddler and I belong here. My child does too,” said Jhony Silva, a plaintiff in the case who is a nursing assistant, student and father. “I am upset that the court is allowing these blatantly illegal government decisions to go into effect. We will not stop fighting for justice.”

“Today’s decision places at immediate risk of deportation thousands of people who have been doing everything they have been asked to do,” said Jose Palma, coordinator of the National TPS Alliance. “With this decision, the government and the legal system are turning their backs on people who have called the US home for decades. These are people who this country recognized as heroes during the COVID pandemic – health care, childcare, and other front-line providers. Congress must now act.”

The plaintiffs are represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, the Center for Immigration Law and Policy (CILP) at the UCLA School of Law, and Haitian Bridge Alliance.

“TPS holders deserve better than this,” said Jessica Bansal, an attorney with the National Day Laborer Organizing Network. “Today’s decision allows mothers, fathers, students, and workers who have lived lawfully in this country for decades to be stripped of status without even acknowledging the devastation caused to them and their families or the contributions they have made to their communities.”

The three-judge panel declined to consider the harm their decision would inflict on TPS holders, and instead cited the U.S. Supreme Court’s prior shadow docket orders in another case that involves a different group of immigrants from a different country.

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