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In “Biden At Crossroads As 9th Circ. Nixes TPS Rescission Ruling”, Britain Eakin for Law360 reports on a Ninth Circuit order to vacate a 2020 opinion by Judge Callahan that stripped as many as 300,000 noncitizens of temporary protected status (TPS). The court will rehear the case en banc and gives President Joe Biden an opening to decide whether to continue defending his predecessor’s attempt to revoke TPS status.
As a candidate for President, Joe Biden promised to protect TPS holders who have been in the U.S. for an extended period. But the Biden administration “has been fighting against that policy goal in the Ninth Circuit, where TPS holders and their families challenged the Trump administration’s termination orders for citizens of Haiti, Sudan, Nicaragua and El Salvador.”
The Trump administration terminated TPS to noncitizens from El Salvador, Nicaragua, Nepal, Honduras, Sudan and Haiti. The Biden administration has already extended TPS protections for Sudan and Haiti, but not the other countries. Among other things, the lawsuit (Ramos v. Wolf) claimed that the lifting of TPS was motivated by racial animus.
A lower court had granted a preliminary injunction barring the rescission of TPS. The Ninth Circuit’s 2020 decision lifted the injunction.
Click the link above and here for background on the case.
KJ
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