A federal court ruling could allow Trump to deport 400,000 immigrants next year

In a second term, Trump could also move forward with his plan to terminate the Deferred Action for Childhood Arrivals program, which has allowed more than 700,000 young immigrants who came to the US as children to live and work in the US legally. (The Supreme Court has temporarily prevented him from doing so, but his administration is laying the groundwork for him to try again and has refused to fully reinstate the program.)

“Temporary Protected Status is on the ballot in November,” Frank Sharry, the executive director of the immigrant advocacy group America’s Voice, said in a statement. “And if we do not remove Trump … we could see one of the largest mass deportations and family separation crises in American history.”

The Ninth Circuit ruled that no court has the authority to review the administration’s decision to terminate TPS, which it said is a matter of agency discretion. It also dismissed the ACLU’s argument that Trump’s decision to terminate TPS was motivated by racial animus toward nonwhite, non-European immigrants in violation of the Constitution’s guarantee that everyone receive equal protection under the law, regardless of race or national origin.

The ACLU’s Ahilan Arulanantham, who represented TPS holders at the Ninth Circuit, said in a press call that the organization will ask the full appeals court to review the case and, failing that, would seek review at the Supreme Court, potentially setting up another high-profile case challenging Trump’s immigration policy.

In the meantime, immigration advocates are waiting on the result of another lawsuit now before the Second Circuit concerning some 40,000 Haitian TPS recipients. If that court decides that the administration can’t terminate their TPS status, they could be spared termination of their status before next March.

Article Appeared @https://www.vox.com/policy-and-politics/2020/9/14/21436633/ninth-circuit-tps-trump-temporary-protected-status

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