Results 1 to 2 of 2
Like Tree1Likes
  • 1 Post By Beezer

Thread: Gov’t Seeks To Nix Suit Over Salvadorans’ Protected Status

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

  1. #1
    Senior Member lorrie's Avatar
    Join Date
    Jan 2006
    Location
    Redondo Beach, California
    Posts
    6,765

    Gov’t Seeks To Nix Suit Over Salvadorans’ Protected Status

    Gov’t Seeks To Nix Suit Over Salvadorans’ Protected Status

    Law360 (June 5, 2018, 7:39 PM EDT)

    The federal government urged a Maryland federal court Monday to toss a case challenging the U.S. Department of Homeland Security’s recent decision to terminate a temporary protected status program for approximately 200,000 Salvadorans in September 2019, saying the decision is not legally reviewable.

    When Congress authorized the DHS to administer the program for countries facing natural disasters and other dangerous conditions, it statutorily barred judicial review of the department's decisions, as they involve “important and delicate” foreign policy questions, according to a memorandum attached to the government’s motion to dismiss in the District of Maryland.

    “Because review of a challenge to the secretary’s programmatic exercise of discretion is precluded outside of those proceedings, this entire action should be dismissed for lack of subject matter jurisdiction in this court,” the government said.

    Should the court determine that it actually has jurisdiction to consider the legal challenge to the DHS’ decision to terminate TPS for El Salvador, the court should still toss it, as the plaintiffs in the case — immigrant advocacy group CASA de Maryland Inc. and several individual Salvadorans — have failed to establish that DHS Secretary Kirstjen Nielsen’s decision was “arbitrary or capricious,” the federal government argued.

    “Secretary Nielsen’s decision, based on input from appropriate government agencies, was reasonable in light of the statutory mandate to terminate a country’s TPS designation when the conditions that justify that designation cease to exist,” the government said.

    According to the plaintiffs' March complaint, terminating TPS for El Salvador would endanger the lives of the Salvadorans forced to return to a country struggling to deal with natural disasters and rampant crime. They characterized the decision as part of an “anti-immigrant agenda” perpetuated by the Trump administration.

    Salvadorans with TPS will need to re-register for the program and apply for employment authorization documents to be able to continue to legally work in the U.S. until Sept. 9, 2019, according to a January announcement by the DHS.

    Short of a legislative fix or the adjustment of their legal status through another avenue, the Central American natives would be unauthorized to remain in the country after that date.

    The TPS program provides relief to people from countries deemed to be unsafe because of natural disaster, civil war and other conditions. Holders of the status — which in recent years have also included natives of countries such as Haiti, Nicaragua and Honduras — are eligible for work permits and travel authorizations and are not exposed to deportation.

    Salvadorans are by far the largest group of participants in the TPS program, accounting for nearly two-thirds of the expected 317,660 re-registrants in the program, according to data released in October by the Congressional Research Service.

    Originally receiving the designation in March 2001, following a series of earthquakes, El Salvador received 10 subsequent TPS extensions from the Bush and Obama administrations. In 2016, the nation received an extension based on rationale such as existing poverty, gang violence and drought.

    Counsel for the parties could not be reached for comment Tuesday.

    CASA de Maryland is represented by Steven Schulman, Stephanie A. Webster, Caroline L. Wolverton and Jillie B. Richards of Akin Gump Strauss Hauer & Feld LLP.

    The individual immigrants are represented by Dennis A. Corkery and Tiffany S. Yang of Washington Lawyers’ Committee for Civil Rights and Urban Affairs and Nicholas C. Katz of CASA de Maryland.

    The federal government is represented by Chad A. Readler, John R. Tyler and Joseph C. Dugan of the U.S. Department of Justice.

    The case is CASA de Maryland Inc. et al. v. Trump et al., case number 8:18-cv-00845, in the U.S. District Court for the District of Maryland.

    https://www.law360.com/articles/1050390?sidebar=true


    Support our FIGHT AGAINST illegal immigration & Amnesty
    by joining our E-mail Alerts athttp://eepurl.com/cktGTn

  2. #2
    Senior Member Beezer's Avatar
    Join Date
    Apr 2016
    Posts
    18,050
    Set a weekly quota to boot them out!

    We have violence, school shooting, drugs, gangs, rape, crime and natural disasters!

    Their poverty is NOT our problem...now terminate this program and send them home!

    TEMPORARY STATUS IS OVER!
    lorrie likes this.
    TO BECOME AN AMERICAN YOU MUST CHANGE YOUR VALUES ...NOT YOUR LOCATION

    STAY HOME AND BUILD AMERICA ON YOUR SOIL

Similar Threads

  1. Replies: 2
    Last Post: 01-09-2018, 09:27 PM
  2. Many in Haiti thank U.S. for renewal, not end, of protected status
    By JohnDoe2 in forum illegal immigration News Stories & Reports
    Replies: 4
    Last Post: 11-24-2017, 08:08 AM
  3. Protected Status to those who mean us harm
    By AirborneSapper7 in forum Other Topics News and Issues
    Replies: 0
    Last Post: 07-16-2010, 10:00 PM
  4. El Salvadoran's gets extension on protected status
    By bigtex in forum illegal immigration News Stories & Reports
    Replies: 4
    Last Post: 07-12-2010, 09:26 AM
  5. Bill seeks protected status for Lebanese in US
    By Brian503a in forum illegal immigration News Stories & Reports
    Replies: 9
    Last Post: 08-03-2006, 02:40 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •