Judge halts Trump's termination of TPS for Honduras, Nepal, Nicaragua
by Darryl Coote · UPIAug. 1 (UPI) -- A federal judge has ruled to postpone the Trump administration's termination of deportation protections for tens of thousands of migrants from Honduras, Nepal and Nicaragua amid litigation.
Judge Trina Thompson of the U.S. District Court in Northern California issued her strongly worded order Thursday, delaying the termination of Temporary Protected Status until at least Nov. 18, when a hearing is scheduled to hear the merits of the case.
The ruling is a win for immigration advocates, who have been fighting Trump's crackdown on immigration and policies seeking to mass-deport migrants in the country.
"The freedom to live fearlessly, the opportunity of liberty and the American dream. That is all plaintiffs seek. Instead, they are told to atone for their race, leave because of their names and purify their blood. The court disagrees," Thompson said in her decision.
TPS was established by Congress in 1990 to shield migrants in the United States from being deported to their home countries experiencing problems, such as war, conflict or famine, where they would be put into harm's way.
Honduras and Nicaragua were both granted TPS designation in January 1999, following the devastation caused by Hurricane Mitch a year prior, with Nepal receiving the designation in 2015.
Some 60,000 people from the three countries are currently protected from being deported to their native nations because of TPS, many of whom have been in the United States for decades.
Trump has attempted to dismantle TPS. In early June, he announced it was ending such protections for those from Nepal, followed by doing the same for those from Honduras and Nicaragua. The designations were to be terminated within 60 days -- Aug. 5 for Nepal and Sept. 8 for Honduras and Nicaragua.
The Trump administration cited that conditions in each of the three countries no longer warranted TPS designation.
The move was met with litigation filed by the National TPS Alliance on July 7, arguing the terminations violated the Administrative Procedure Act by failing to follow the necessary review process rules while stating racial animus was the actual motive behind ending the deportation protections.
The next day, National TPS Alliance filed for postponement of the terminations.
"Today's court decision is a powerful affirmation of our humanity and our right to live without fear," Sandhya Lama, a TPS holder from Nepal and plaintiff in the case, said in a statement. "As a TPS holder and mother, this victory means safety, hope and the chance to keep building our lives here."
In her decision, Thompson, a President Joe Biden appointee, cited comments from Department of Homeland Security Secretary Kristi Noem about TPS and immigrants as proof of racial animus behind the terminations.
She said Noem had intended to end TPS without first reviewing any country condition reports and that she had expressed bias against the program.
"These statements reflect the secretary's animus against immigrants and the TPS program even though individuals with TPS hold lawful status -- a protected status that we expressly conferred by Congress with the purpose of providing humanitarian relief," Thompson said, adding that TPS holders have contributed billion to the economy by legally working, paying taxes and contributing to Medicare.
"By stereotyping the TPS program and immigrants as invaders that are criminal, and by highlighting the need for migration management, Secretary Noem's statements perpetuate the discriminatory belief that certain immigrant populations will replace the white population."
Thompson also mentioned comments from Trump and other White House officials about migrants that show racial animus.
Trump has also sought to end TPS protections for other nations, including Afghanistan -- moves that are also being challenged in court.