Ninth Circuit Allows the End of Temporary Protected Status

Ninth Circuit Allows the Trump Administration Considering End of Temporary Protected Status (TPS) for El Salvador, Haiti, Sudan, and Nicaragua

On September 14, 2020, the United States Court of Appeals for the Ninth Circuit reversed a decision of a federal judge that had preserved Temporary Protected Status (“TPS”) for citizens of El Salvador, Haiti, Sudan, and Nicaragua. The Circuit Court ruled that the Department of Homeland Security (“DHS”) had acted within the limits of its authority to end TPS. The Trump administration has agreed to maintain the protections at least until March 5, 2021, for people from the affected countries, and until November 2021 for people from El Salvador. The Plaintiffs, as a next step, will seek en banc review from the Ninth Circuit.

What is Temporary Protected Status?

The TPS law was signed by President George H.W. Bush in 1990. Congress approved this humanitarian program, which allowed the Secretary of Homeland Security to designate a foreign country for TPS. The Secretary will from time to time designate a foreign country for TPS after gauging the conditions in that country that temporarily prevent the country’