Friends. I have some breaking news concern in TPS, temporary protected status. This is
your September 14th, 2020 immigration news update. And if you have TPS or if your relative
have TPS, you're going to want to watch this video because major thing happened today that
will inevitably impact you or your relative. If either one of you have TPS, watch this
video all the way until the end. I'm going to clarify some of the things that concerns
TPS. I know that some people may have heard about a big court case, big decision that
impacts TPS. And you're wondering what in the world, what happened? How does it impact
me and or my spouse, my husband, my parent, or another relative of yours who have TPS.
So I'm going to break it down for you in this video. And we're going to talk about what
this means for you.
for those of you who are new to me, welcome. I'm an immigration lawyer in New York and
my firm McBean law. We work with people all over the world. If you'd like to have a consultation
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channel. All right, let's get into TPS in California. The ninth circuit court of appeals
ruled that TPS can end for several countries. TPS can in fact end, and that the secretary
of the department of Homeland security has the authority to end TPS. Now, TPS is a humanitarian
program that prevents the deportation of individuals who are from certain countries that have experienced
major humanitarian crisis, such as earthquake and, and some major, major crises that we
have looked at and considered as a country here in the U S and said, you know what? We
can not send these people back home. We cannot deport these people and send them back to
their country because there is some ongoing humanitarian crisis in that country. Presently,
it could be a political upheaval.
It could be a natural disaster such as an earthquake, but whatever that issue is, it
is actually still going on. And while that issue or crisis is in play, we will not deport
these individuals to the countries that are impacted by this case are the following El
Salvador, Nicaragua, Sudan, and Haiti. Now I will say this about Haiti, although Haiti
is part of this lawsuit in California. There's another lawsuit that is pending. And the second
circuit court of appeals here in New York, that impacts Haiti. And so, although the California
ninth circuit court of appeals ruled that TPS to that Haiti designation can end as well.
The New York court has a, an injunction right now that that prevents the department of Homeland
security from eliminating Haiti as a TPS designated country. So going forward in this video, I'm
primarily going to be focusing on El Salvador, Nicaragua and Sudan.
Those three are the most impacted. Let me take you into a wonderful article that summarizes
what happened and what does it really mean? Now? Some countries like El Salvador have
been designated as a TPS country since 2001. So that's actually a long time, whereas Haiti
was designated a TPS country in 2010. So for the past 10 years, the problem with getting
rid of TPS, as you guys know, is that many of these individuals have already put down
very deep roots here in the United States. They have families here. They have homes,
they work here. Their entire life is planted here in the United States. So it's very difficult
to think about uproot in 300,000 people plus members of their family, right? And so you
could add maybe another 200,000 to that number. You're looking at half a million people potentially
who are impacted by the decision by the ninth circuit court of appeals.
So this is very significant for a huge number of people here in the United States. Here's
an article about today's rural in that goes into great depths about what this actually
means for the 300,000 individuals who are impacted by the court's ruling in a two to
one rule in the three judge panel found that a federal judge overstepped when he temporarily
barred the administration from ending TPS, which gives deportation relief and work permits
to individuals from designated countries in crisis for people from El Salvador, Haiti,
Sudan, and Nicaragua. Now the panel, again, this is a three judge panel. The panel said
that the head of DHS has full and unreviewable discretion to evaluate a country's conditions
and determine if the nation is eligible for TPS. So the head of DHS has the authority
to look at countries and determine whether the conditions on the ground warrant us continuing
the TPS program for this country.
And so that's what the three judge panel ruled today. Now, is this really over? No, it is
not over because the ACLU along with various individuals at law firms and other organizations,
they're actually going to, according to this article, they're going to take the case to
the full ninth circuit court, the entire court to rule on this issue. Now, if the full ninth
circuit court rules unfavorably to the individuals who are fighting the administration's efforts
to NTPs, then they're going to take it to the Supreme court and allow the Supreme court
to weigh in, at least that's what's being reported in this article. Then the next question
that you might be asking is, well, when will TPS end for these countries then, you know,
because that we now know that the administration has the authority to end it according to the
courts rule in. So when is it likely going to happen?
Well, according to the article, they're predicting that TPS designation for folks from El Salvador
could end as early as November, 2021, and then for everyone else as early as March of
2021. So that's not very far away. So I'm pretty sure they're going to move very swiftly
on this issue of taking it to the full ninth circuit court of appeals to rule on this issue
before individuals lose the protection that they now have. Now, what about other TPS countries?
Yes, there are other TPS countries, there's Honduras and Nepal as well. Those two countries
are being litigated along a different track in a different lawsuit. And so there's no
news as of today related to the outcome of that lawsuit. And so that's, again, that's
Honduras and Nepal. They're on a separate track. Haiti. We've already indicated that
Haiti is also on a separate track with, uh, an injunction that is in place in the second
circuit court of appeals.
And so the administration can not touch Haiti fully at this point, because again, it is
protected right now, pending currently in the second two circuit court of appeals friends,
this is complicated stuff. This impacts people, this impacts real lives in America. And my
prayers are with you all as, and also my clients, our clients at our law firm are impacted by
this decision as well. So I will keep you guys posted on any new developments related
to TPS friends. If you enjoyed this content again, give it a thumbs up, share it with
other people and just stay plugged in. Thanks so much for watching and I will see you in
the next one.