Judge Takes “Temporary” Out of Temporary Protected Status, Eroding Program’s Purpose

When the Trump administration moved to restore the integrity of the TPS program by terminating the designations for El Salvador, Haiti, Nicaragua, and Sudan, it was acting fully within the scope of its authority.

–Dan Stein, President of FAIR

(October 4, 2018, Washington, D.C.) — The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR), in response to a federal judge’s temporary injunction blocking the Trump administration from ending several Temporary Protect Status (TPS) designations.

“Once again, an unelected activist judge stepped in and hamstrung the president’s ability to exercise his lawful authority under immigration laws passed by Congress. When the Trump administration moved to restore the integrity of the TPS program by terminating the designations for El Salvador, Haiti, Nicaragua, and Sudan, it was acting fully within the scope of its authority. That didn’t matter to U.S. District Judge Edward Chen, who improperly invoked President Trump’s campaign statements to stop him from carrying out and enforcing our immigration laws.

“Judge Chen had no authority to even review the administration’s TPS terminations. The relevant statute is unambiguously clear: ‘There is no judicial review of any determination of the [secretary of Homeland Security] with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection.’

“By terminating TPS designations that, in some cases, have stretched decades, the administration sought to restore public confidence that the TPS program can function as intended – namely, providing short term relief to people whose nations have been disrupted by a natural disaster or a political crisis. Sadly, Judge Chen’s ruling may have the opposite effect by diminishing public support for future TPS grants.

“Americans have demonstrated a humanitarian commitment to temporarily help those facing exigent circumstances. But that compassion and public support for TPS is compromised when the program is politically manipulated and converted into a de facto amnesty for all recipients. 

“The administration should be applauded, not condemned, for recognizing the temporary nature of this policy tool and for its willingness to stand up for the original intent of the law as passed by Congress.

“We urge the administration to seek immediate review of this ruling.”

Contact: Matthew Tragesser, 202-328-7004, or mtragesser@fairus.org