News

Appeals court reverses injunction blocking removal of protected immigrant groups

If decision stands, federal agency could remove people under 'temporary protected status' from U.S. in 2021

Los Altos High School students and staff march down El Camino Real in defense of immigrant rights on Sept. 26, 2017. Photo by Michelle Le.

A federal appeals court in San Francisco on Monday reversed a 2018 preliminary injunction that blocked the Department of Homeland Security from terminating "temporary protected status" designations, which allowed an estimated 400,000 immigrants from six countries to remain in the U.S.

Ahilan Arulanantham, lead counsel for the plaintiffs in the case, said that they were "deeply disappointed" by the decision by the 9th U.S. Circuit Court of Appeals and they intend to seek review of the panel decision by all of the judges of the 9th Circuit and, should that not be successful, by the U.S. Supreme Court.

Should the decision stand, the earliest dates on which the DHS could remove TPS holders from the U.S. is March 5, 2021 for people from Sudan, Nicaragua, Haiti, Honduras and Nepal and Nov. 5, 2021 for people from El Salvador. People from those countries have been allowed to stay in the U.S. due to war, disaster or other "extraordinary and temporary" conditions in their home countries.

The ruling not only affects the TPS holders but more than 200,000 of their children who were born in the United States and hold U.S. citizenship, according to Arulanantham.

The majority opinion, authored by Judge Consuelo M. Callahan, found that Congress had decided that direct challenges to DHS decisions to terminate the TPS designations were not subject to review by the courts.

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The majority rejected arguments that review was appropriate because the plaintiffs challenged a collateral matter — DHS abandonment of a long-standing practice of considering subsequent events in designated countries when considering TPS status.

The majority also rejected a challenge based on President Donald Trump's alleged "animus" against people from the designated countries.

In entering the injunction, the District Court had found that Trump's public comments revealed "an animus against non-white, non-European aliens". The majority found there was no evidence that Trump's alleged animus influenced DHS' decision to terminate the designations.

In a 50-page dissenting opinion, Judge Morgan Christen sharply disagreed with the majority.

She said, "the consequences of the majority's decision are monumental, but the majority's reasoning is deeply flawed."

Christen would have affirmed the District Court's decision based on her view that the plaintiffs did not directly challenge the DHS termination, but the collateral policy change.

Callahan and Judge Ryan D. Nelson, who concurred in the decision, were appointed to the 9th Circuit by Presidents George W. Bush and Trump, respectively. Judge Christen was appointed by former President Barack Obama.

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Appeals court reverses injunction blocking removal of protected immigrant groups

If decision stands, federal agency could remove people under 'temporary protected status' from U.S. in 2021

by /

Uploaded: Tue, Sep 15, 2020, 11:06 am

A federal appeals court in San Francisco on Monday reversed a 2018 preliminary injunction that blocked the Department of Homeland Security from terminating "temporary protected status" designations, which allowed an estimated 400,000 immigrants from six countries to remain in the U.S.

Ahilan Arulanantham, lead counsel for the plaintiffs in the case, said that they were "deeply disappointed" by the decision by the 9th U.S. Circuit Court of Appeals and they intend to seek review of the panel decision by all of the judges of the 9th Circuit and, should that not be successful, by the U.S. Supreme Court.

Should the decision stand, the earliest dates on which the DHS could remove TPS holders from the U.S. is March 5, 2021 for people from Sudan, Nicaragua, Haiti, Honduras and Nepal and Nov. 5, 2021 for people from El Salvador. People from those countries have been allowed to stay in the U.S. due to war, disaster or other "extraordinary and temporary" conditions in their home countries.

The ruling not only affects the TPS holders but more than 200,000 of their children who were born in the United States and hold U.S. citizenship, according to Arulanantham.

The majority opinion, authored by Judge Consuelo M. Callahan, found that Congress had decided that direct challenges to DHS decisions to terminate the TPS designations were not subject to review by the courts.

The majority rejected arguments that review was appropriate because the plaintiffs challenged a collateral matter — DHS abandonment of a long-standing practice of considering subsequent events in designated countries when considering TPS status.

The majority also rejected a challenge based on President Donald Trump's alleged "animus" against people from the designated countries.

In entering the injunction, the District Court had found that Trump's public comments revealed "an animus against non-white, non-European aliens". The majority found there was no evidence that Trump's alleged animus influenced DHS' decision to terminate the designations.

In a 50-page dissenting opinion, Judge Morgan Christen sharply disagreed with the majority.

She said, "the consequences of the majority's decision are monumental, but the majority's reasoning is deeply flawed."

Christen would have affirmed the District Court's decision based on her view that the plaintiffs did not directly challenge the DHS termination, but the collateral policy change.

Callahan and Judge Ryan D. Nelson, who concurred in the decision, were appointed to the 9th Circuit by Presidents George W. Bush and Trump, respectively. Judge Christen was appointed by former President Barack Obama.

Comments

Gary
Registered user
Sylvan Park
on Sep 15, 2020 at 1:11 pm
Gary, Sylvan Park
Registered user
on Sep 15, 2020 at 1:11 pm
6 people like this

You report that deportation would commence as soon as next March - well after a new President could be sworn in on January 20, 2021. If ballots are still being disputed, the 4-year term of Donald Trump would end and the Speaker of the House would become the interim President. Any while the Presidential election will not be decided in deep blue California and people need to give money and otherwise work to win swing states, this is a good time to make sure, if you are a U.S. citizen at least 18 (by November 3), that you are registered to vote at your current address. You may be able to register online at registertovote.ca.gov. In this election, ballots will be mailed to California registered voters in early October. Complete and return them promptly. I am going to use an official vote drop box - not a Trump-Dejoy mail box - to return my ballot.


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