The court suspended the Trump administration’s decision to deport 240 thousands of immigrants

The September 3 federal court ordered the Donald Trump administration to temporarily suspend the implementation of the special federal immigration program’s termination plan, which allowed hundreds of thousands of immigrants to live and work legally in the US for decades.

Фото: Depositphotos

It is a program of temporary protected status (Temporary Protected Status - TPS), which provides the right to legally stay in the country to immigrants from countries that have survived natural disasters or war, writes USA Today.

US District Judge Edward Chen ruled that the administration could violate the requirements of federal forming, as well as the provision of equal protection, since the decision concerned “non-white, non-European immigrants”.

This court decision prevented the deportation of approximately 240 000 immigrants from El Salvador, Haiti, Nicaragua and Sudan, whose protected status in the United States should expire in November, and they would be obliged to leave the country or remain in the United States illegally.

These immigrants were allowed to stay in the United States under a temporary protected status program (TPS). The humanitarian program was created in 1990 to help immigrants from countries affected by war or major natural disasters.

The Department of Homeland Security, which manages TPS, claims that the program was extended for decades by mistake, and that conditions in these four countries are now suitable for bringing thousands of their citizens home.

But a federal judge in Northern California did not agree with the administration and sided with the immigrants, at least for the moment, appointing a deeper consideration of this situation. The next hearing in this case will take place on October 26.

Judge Chen ruled that the federal government would not be immediately harmed if his decision to terminate TPS was temporarily suspended. At the same time, immigrants living for decades in the United States may suffer in the event of deportation.

As an argument, Chen cited a statement from the US states 17, which states that these regions are estimated to lose 132 billion dollars in gross domestic product, 5,2 billion dollars in social security and Medicare, and 733 million dollars out of for employer losses if TPS holders are immediately sent home.

As for the TPS owners themselves, Chen drew attention to the thousands of US citizens who were born to these immigrants during their stay in the country.

TPS owners are faced with a terrible choice: to leave, leaving their children, or take them with them, taking them from the country in which they were born and raised, having no idea about another homeland.

The judge also noted that some speeches by representatives of the Trump administration and the president himself indicate that the decision could have a racial component, which is prohibited by US law, in particular, Trump’s statements in which he links the MS-13 gang and immigrants who received TPS in the US.

The Department of Justice said that Chen’s decision “illegally seizes the role of the executive branch,” and promised to fight against him in court.

"The court argues that a properly elected president of the United States cannot be involved in matters determining the safety and security of our citizens or in the enforcement of our immigration laws," the department said, stressing that the decision to abolish TPS fully complied with US law.

A lawsuit against the Department of Homeland Security was filed in March 2017, by the American Civil Liberties Union of Southern California and other immigrant protection organizations.

Judge Chen’s decision does not affect the termination of TPS for citizens of two other countries: Nepal and Honduras. But lawyers continue to fight for these immigrants in the courts in the hope that these decisions will be suspended.

TPS is an immigration law program that allows the US government to grant temporary work permits and protection against deportation to immigrants, including illegal immigrants, from certain countries where living can be dangerous.

To be eligible for this status, there must be either armed conflict or civil war, or natural disasters, epidemics and “other emergency and temporary conditions” in the immigrant’s homeland.

The status of protection against deportation is temporary, but crises in many countries last for several years, with the result that some immigrants under this program have remained in the United States for decades.

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