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Differing views on court decision that allows end to Temporary Protected Status for some

Published: Sep. 15, 2020 at 9:18 PM EDT
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EASTERN CAROLINA, N.C. (WITN) - A family here in North Carolina is speaking out about a new court decision that allows the Trump administration to shut down the Temporary Protected Status program that could result in the deportation of thousands of people, while a group supporting the decision hails it as a victory for the American people.

The TPS has helped many people get out of war-torn countries or natural disasters. But now, its repeal could mean a return to places many of them haven’t been back to in decades.

The Trump administration has argued that most countries in the program have recovered from the related disasters or conflicts and that the status has been renewed for years beyond its need.

For Yesenia Doradea, the United States has been her home for 22-years, ever since she left El Salvador to give her kids, like Jessica, a better life.

Jessica says, “Far away from the violence, far away from the gangs, from the war she had to go through.”

Yesenia lives here under the TPS program, but a U.S. Appeals Court decision Monday gave the Trump Administration the go-ahead to shut down that program, saying those in the program no longer need safe haven. Those who rely on it, like Yesenia, say it’s going to break up her family. “No matter how many years you’ve been here, no matter what you’ve done to contribute to the country, you just have to go.”

The Federation for American Immigration Reform called the ruling, “a victory for the American people and an unmistakable rebuke to activist judges who seek to make immigration policy from the bench.”

“The Ninth Circuit affirmed two clear aspects of TPS. The first is that the T in TPS stands for temporary and that it is not intended, nor should it be, a backdoor to permanent residency. The second is that the Department of Homeland Security, in conjunction with other relevant federal agencies, has clear and unreviewable discretion to determine when conditions allow citizens of countries covered by TPS to return home safely. In the case of citizens of El Salvador, Haiti, Nicaragua and Sudan, the crises that triggered the TPS designation have long since passed. The fact that the legal and justifiable termination of TPS has been delayed for this long is further evidence that pernicious judicial activism must be reined in. Finally, and perhaps most important, is that this ruling represents a win for the idea that the American people should be able to provide needed and appropriate temporary humanitarian relief, with the full expectation that their generosity will not be taken advantage of when the emergency is over,” FAIR President Dan Stein said in a statement.

The decision could affect around 300,000 people who have been living and working here legally in the U.S. under this program that started in 1990.

Yesenia would have to leave her job of 17 years at NC State working as an essential employee and leave her kids behind to return to El Salvador

People with TPS do not have pathways to legal residency, a precursor of citizenship, without leaving the country.

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