Ninth Circuit Affirms That Temporary Protected Status is Temporary and Subject to the Unreviewable Discretion of DHS, Says FAIR
(September 14, 2020, Washington, D.C.) — The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR), regarding today’s ruling by the Ninth Circuit Court of Appeals clearing the way for ending Temporary Protected Status for citizens from four nations:
“Today’s ruling by the activist Ninth Circuit Court of Appeals upholding the Trump administration’s decision to end Temporary Protected Status (TPS) for individuals from four nations represents a victory for the American people and an unmistakable rebuke to activist judges who seek to make immigration policy from the bench.
“The Ninth Circuit affirmed two clear aspects of TPS. The first is that the T in TPS stands for temporary and that it is not intended, nor should it be, a backdoor to permanent residency. The second is that the Department of Homeland Security, in conjunction with other relevant federal agencies, has clear and unreviewable discretion to determine when conditions allow citizens of countries covered by TPS to return home safely. In the case of citizens of El Salvador, Haiti, Nicaragua and Sudan, the crises that triggered the TPS designation have long since passed.
“The fact that the legal and justifiable termination of TPS has been delayed for this long is further evidence that pernicious judicial activism must be reined in.
“Finally, and perhaps most important, is that this ruling represents a win for the idea that the American people should be able to provide needed and appropriate temporary humanitarian relief, with the full expectation that their generosity will not be taken advantage of when the emergency is over.”
Contact: Matthew Tragesser, 202-328-7004 or firstname.lastname@example.org