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Immigration Law Associates, PC

A Federal Injunction Buys Time for Terminated TPS Holders

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A federal court in California has blocked President Trump’s administration’s decision to terminate Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua, and Sudan. The California judge issued a nationwide  preliminary injunction to prevent the Department of Homeland  Security (DHS) from enforcing the termination of TPS for the four countries.  The main argument of the injunction being the forced family separation. Many of the TPS holders have been in the United States for decades and have creating lives and foundations for themselves here. Many more of them are parents to U.S. born children, who will now be faced with the decision of either leaving their children in the States or forcing them to join them in what will certainly be foreign territory.

While the court’s decision is not final, the plaintiff’s will likely succeed on their arguments going forward.  Many of their arguments highlight the Trump Administration’s the lack of notice given while the administration proceeded with changing its method of decision-making for the renewal or termination of TPS designations as well at the discriminatory motivations behind the terminations.

For now, this temporary injunction will allow nearly 250,000 TPS holders to continue to live lawfully in the United States.  Many questions still linger about what comes next.  An appeal from the federal government is expected. In the meantime, DHS will have to figure out how the TPS holders will be able to prove their work authorization remains valid and whether or not they will need to renew.

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