U.S. District Judge today announced that she will likely permanently halt the Trump administration’s decision to strip Temporary Protected Status (TPS) from more than 100,000 long-term residents from Honduras, Nicaragua, and Nepal.
Judge Trina L. Thompson indicated she intends to deny the government’s motion to dismiss, grant partial summary judgment to plaintiffs on two central Administrative Procedure Act claims, admit limited extra-record evidence including discovery materials, and allow testimony from a historian on the role of racism in U.S. immigration policy. While emphasizing that a written order will follow and all matters remain formally under submission, she described her current views as “guideposts” for the parties.”
Whereas the Trump administration told a federal judge that Department of Homeland Security Secretary Kristi Noem had unfettered discretion to terminate temporary protected status for people from Nepal, Nicaragua and Honduras — and that her decision is unreviewable by the courts.
“This case begins and ends with the jurisdictional analysis. The government asserts the TPS statute specifically preludes judicial review with respect to termination or extension,” attorney William Weiland, representing the government, said.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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