Skip to content

Appellate Court Ruling Terminating TPS for Black and Latinx Immigrants is a Concession to a Racist Agenda

Decision Will Upend the Lives of Millions of Front-line Workers


9/14/2020 – Today, the U.S. 9th Circuit Court of Appeals reversed a lower court’s preliminary injunction blocking the Trump administration from terminating Temporary Protected Status (TPS) for hundreds of thousands of immigrants originally from El Salvador, Haiti, Nicaragua, and Sudan. The ruling could also negatively impact a separate lawsuit challenging the administration’s termination of TPS for immigrants from Honduras and Nepal. 

In response, Nicole Melaku, executive director of the National Partnership for New Americans (NPNA), released the following statement:

“The 9th Circuit Court of Appeals ruling today underscores the cruelty of the Trump administration’s decision to end TPS for hundreds of thousands of our neighbors and family members who are originally from El Salvador, Haiti, Nicaragua, and Sudan. This decision was made with racial animus and betrays our tradition as a nation of refuge that welcomes immigrants who come from countries experiencing armed conflict, natural disaster, and other extraordinary events. It is simply inhumane for the United States to send people back to these countries that remain in crisis. TPS recipients are integral parts of our communities and have been so for years, and in many cases, for decades, with over 200,000 U.S.-born children who will be affected by this administration’s callousness. Instead of the racist exclusion of immigrants based on their country of origin, we need immediate administrative and Congressional relief for TPS holders and their families.”

NPNA members have assisted thousands of individuals with TPS through their legal services programs throughout the country, Elsy Alfaro, CASA member and TPS holder from El Salvador, said:  “Although I am devastated by this ruling, it is imperative, now more than ever, that we continue this fight. The racist motivations of Trump’s appeal will not win in the end. Now, Congress must act to protect people like me and my family. It feels like every day is lived with uncertainty when your legal status in the country is up for debate. I came here from El Salvador in 2000. Even though I recently lost my job due to the COVID-19 pandemic, my whole life is here; my church and my five children who were born and raised here. I want to stay here with them so I can watch them grow and follow their dreams. My TPS status could only protect me temporarily. Hundreds of thousands of people like me need a complete overhaul of the TPS system and a clear path to lawful permanent residence. This ruling makes it clear that we need Congress to create a path to permanent residency now.”

Oscar Chacón from Alianza America said the following: “Today is a sad day for TPS holders from El Salvador, Haiti, Nicaragua, and Sudan. These TPS holders have been living in the U.S. for years, they have built families, working relationships, companies, and around 130,000 are essential workers on the front lines of the battle against COVID-19. The ruling affects us all, especially communities that benefit from the work and tax base paid by TPS holders.The lives and futures of hundreds of thousands of TPS holders and their families, including their children who are U.S. citizens, are now in disarray. This ruling demonstrates that election results matter. Now more than ever, we need everyone who can vote in the upcoming elections to do so. Those who for one reason or another cannot vote, can help others come out to vote! We must vote for our families, for our communities, and for those who cannot do it.”

NPNA members stand in solidarity with TPS holders and will work tirelessly to protect them from deportation. Congress must intervene to provide a humane and just solution for nearly half a million families who so urgently need a pathway to citizenship.