U.S. appellate panel upholds Trump administration's right to end legal status of 400,000 migrants


A divided three-judge panel of the U.S. 9th Circuit Court of Appeals ruled Monday that the Trump administration can end humanitarian legal protections for about 405,500 immigrants from El Salvador, Nicaragua, Haiti, Sudan, Honduras, and Nepal. The migrants were welcomed to the U.S. though the Temporary Protection Status (TPS) program for countries hit hard by natural disasters or civil conflict.
The three judge panel, in a 2-1 decision, rejected arguments that the administration had failed to follow proper procedures and that the decision was tainted by racist comments from President Trump and others in his aides. Two of the judges were appointed by Republicans — Trump and George W. Bush — and the dissenting vote was cast by an appointee of President Barack Obama. The American Civil Liberties Union, which represents the migrants, said it will seek an opinion from the full 9th Circuit and could appeal to the Supreme Court.
"If the decision stands, these longtime lawful residents who were welcomed to the U.S. because their countries were mired in violence or natural disasters could be sent back," the ACLU said. "Because they have several hundred thousand American children — many of whom are school-aged — this decision would force those families to be torn apart."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
But that won't happen for months, The Associated Press notes. The TPS holders from Honduras, Haiti, Nicaragua, Nepal, and Sudan could be forced to leave starting March 5, but the Salvadorans have until Nov. 5, 2021, under a special deal worked out with Trump's government. If Democrat Joe Biden wins the presidency in November, he has said he will immediately review the TPS decisions and seek ways for longtime law-abiding residents to remain in the U.S. and seek citizenship.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Lemon and courgette carbonara recipe
The Week Recommends Zingy and fresh, this pasta is a summer treat
-
Corbynism returns: a new party on the Left
Talking Point Jeremy Corbyn and Zarah Sultana's breakaway progressive party has already got off to a shaky start
-
Oasis reunited: definitely maybe a triumph
Talking Point The reunion of a band with 'the power of Led Zeppelin' and 'the swagger of the Rolling Stones'
-
Iran still has enriched uranium, Israeli official says
Speed Read It remains unclear how long it would take Iran to rebuild its nuclear program following US and Israeli attacks
-
Trump U-turns on weapons to Ukraine
Speed Read Unhappy with Putin, Trump decides the US will go back to arming Ukraine against Russia's attacks
-
Ukraine scrambles as Trump cuts weapons deliveries
Speed Read The halting of weapons shipments was driven by Pentagon policy chief Elbridge Colby, a Ukraine funding skeptic
-
IAEA: Iran could enrich uranium 'within months'
Speed Read The chief United Nations nuclear inspector, Rafael Grossi, says Iran could be enriching uranium again soon
-
One year after mass protests, why are Kenyans taking to the streets again?
today's big question More than 60 protesters died during demonstrations in 2024
-
Iran nukes program set back months, early intel suggests
Speed Read A Pentagon assessment says US bombing of Iranian nuclear sites only set the program back by months, not years. This contradicts President Donald Trump's claim.
-
Trump says Iran and Israel agreed to ceasefire
Speed Read This followed a night of Israeli airstrikes on Tehran and multiple waves of missiles fired by Iran
-
Israel strikes Iran, killing military and nuclear chiefs
Speed Read Israeli officials said the attack was a 'preemptive' strike on Iran's nuclear program