Los Angeles Times

Ruling allows mass deportatio­ns

Challenge looks likely as appeals court panel overturns injunction protecting immigrants.

- By Maura Dolan

A federal appeals court decided 2 to 1 Monday that the Trump administra­tion may deport hundreds of thousands of immigrants who previously received temporary protected status for humanitari­an reasons.

The ruling by a panel of the U.S. 9th Circuit Court of Appeals overturned an injunction protecting immigrants from El Salvador, Haiti, Nicaragua and Sudan from being deported pending litigation.

The Trump administra­tion ended their protection­s, saying their home countries were now safe for them.

The decision affects 300,000 noncitizen­s and 200,000 of their children who are U.S. citizens. Many of the immigrants have lived in the U.S. for decades.

Judge Consuelo M. Callahan, writing for the majority, said federal law does not permit the judiciary to second-guess decisions by the secretary of Homeland Security on which countries’ citizens receive protected status.

“To the extent the TPS statute places constraint­s on the Secretary’s discretion, it does so in favor of limiting unwarrante­d designatio­ns or extensions of TPS,” wrote Callahan, an appointee of President George W. Bush. She was joined by Judge Ryan D. Nelson, an appointee of President Trump.

Judge Morgan Christen, an appointee of President Obama, dissented.

She said the Trump administra­tion had changed policy and practice without public review. She described the administra­tion’s action as “an abrupt and unexplaine­d change.”

She noted that the lawsuit challengin­g the deportatio­n notices said they were motivated by racial and ethnic bias.

Trump reportedly called Haiti and El Salvador “shithole countries” and characteri­zed immigrants from Mexico and Central America as criminals and snakes.

“We cannot sweep aside the words that were actually used, and it would be worse for us to deny their meaning,” Christen wrote. “Some of the statements expressly referred to people, not to places. The President’s statements require no decipherin­g.”

An unnamed Department of Justice representa­tive said Monday the department was pleased with the appeals court ruling.

“For approximat­ely two years, the district court’s injunction prevented the Department of Homeland Security from taking action that Congress has vested solely within the discretion of the Secretary of Homeland Security — action that is statutoril­y precluded from judicial review,” said the spokesman, who agreed to provide a statement on background.

“We applaud the Ninth Circuit’s recognitio­n of the plain language of the Immigratio­n and Nationalit­y Act and its rejection of the baseless accusation­s of animus behind the actions taken by the Department of Homeland Security.”

A statement by the ACLU Foundation of Southern California, which represente­d the immigrants and their children, said the ruling would not immediatel­y end temporary protected status.

Such holders from these countries will be permitted to maintain their status until at least February, and those from El Salvador until at least November.

The challenger­s said they would appeal the ruling to a larger panel of the 9th Circuit.

Sudan first received protected status in 1997 because of civil war.

Since then, Sudan’s status was extended or redesignat­ed 15 times by previous administra­tions. The reasons included forced relocation, human rights abuses, famine and denial of access to humanitari­an agencies.

Nicaragua gained protected status in 1999 after Hurricane Mitch struck. Earlier administra­tions extended the protection 13 times, citing droughts, flooding and other natural disasters.

El Salvador received the status in 2001 after three earthquake­s displaced 17% of the population. Previous administra­tions extended protection­s 11 times because of a tropical storm and a volcano eruption.

Haiti, designated for protection in 2010 after a magnitude 7.0 earthquake, received extensions five times for natural disasters and a cholera outbreak.

The Trump administra­tion revoked the protection­s in 2017 and 2018.

The immigrants and their children sued, and a San Francisco-based federal judge in 2018 blocked Trump’s action.

Challenger­s hope an 11judge panel will overturn Monday’s decision.

If the circuit judges vote to reconsider the case, it would be heard by randomly selected judges and Chief Judge Sidney R. Thomas, a Clinton appointee.

The decision could then be appealed to the U.S. Supreme Court.

The 9th Circuit has long been considered a bastion of liberal voices. But Trump has now appointed more than one-third of the circuit’s judges, and decisions have become more conservati­ve.

 ?? Luis Sinco Los Angeles Times ?? OLIVIA MEDINA holds a small American f lag last month in Los Angeles during a protest calling on Latino voters to reject President Trump’s reelection.
Luis Sinco Los Angeles Times OLIVIA MEDINA holds a small American f lag last month in Los Angeles during a protest calling on Latino voters to reject President Trump’s reelection.

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