TAL KOPAN IN CNN: HUMAN RIGHTS TRAVESTY — According To U.S. State Department’s Info, Sudan Remains One Of The Most Dangerous And Violent Countries In The World — But, Reality Isn’t Stopping The Trump Administration From Ending TPS Protection! -“I mean look what’s going on in Sudan,” [Rep. Zoe] Lofgren [D-CA] said. “If that is a wise decision, what’s an unwise one?”

http://www.cnn.com/2017/09/18/politics/sudan-tps-decision-dhs/index.html

Tal writes:

“Washington (CNN)The Trump administration on Monday announced an end to protections for Sudanese immigrants, a move that advocates fear could be a sign of things to come.

The Department of Homeland Security announced Monday afternoon that it would be ending Temporary Protected Status for Sudan after a 12-month sunset period. It opted to extend, however, Temporary Protected Status for South Sudan, which gained its independence in 2011, through May 2019.
The decision was overdue. By law, decisions on TPS designations are required 60 days before an expiration deadline. With both countries’ status set to expire on November 2, the decision was due September 3. DHS said it made a decision in time, but kept it quiet for more than two weeks and did not respond to requests for an explanation.
While the decision on the future of Temporary Protected Status for Sudanese and South Sudanese immigrants only affects just over 1,000 people in the US, the decision is being closely watched as a harbinger of where the administration will go on upcoming TPS decisions that affect more than 400,000 people in the US.
Under Acting DHS Secretary Elaine Duke’s direction on Monday, recipients of protections from Sudan will be allowed to remain protected from deportation and allowed to work under the program until November 2, 2018, during which they are expected to arrange for their departure or seek another immigration status that would allow them to remain in the US.
Individuals from South Sudan will be able to extend their status until May 2, 2019, when DHS will make another decision on their future based on conditions in the country.
According to USCIS data, at the end of 2016 there were 1,039 temporarily protected immigrants from Sudan in the United States and 49 from South Sudan.
Temporary Protected Status is a type of immigration status provided for by law in cases where a home country may not be hospitable to returning immigrants for temporary circumstances, including in instances of war, epidemic and natural disaster.
While DHS did not explain the delay in publicizing the decision, which the agency confirmed last week was made on time, the law only requires “timely” publication of a TPS determination. The decision was made as the administration was preparing to announce the end of the Deferred Action for Childhood Arrivals program, or DACA, a popular program that has protected nearly 800,000 young undocumented immigrants brought to the US as children from deportation since 2012.

Some of the affected individuals have been living in the US for 20 years. TPS is not a blanket protection — immigrants have to have been living in the US continuously since a country was “designated” for TPS in order to qualify.

For example, Sudan was first designated in 1997 and was re-designated in 1999, 2004 and 2013, meaning people had opportunities to apply if they’ve been living in the US since any of those dates. South Sudan’s TPS was established in 2011 and had re-designations in 2014 and 2016.
Both countries were designated for TPS based on “ongoing armed conflict and extraordinary and temporary conditions.”

The situation in Sudan has improved in recent years, but there are still concerns about its stability and human rights record. In January, outgoing President Barack Obama eased sanctions on Sudan but made some moves contingent upon further review. President Donald Trump has extended that review period. South Sudan, meanwhile, remains torn by conflict.

Advocates for TPS have expressed fear that if the administration were to begin to unwind the programs, it could be a sign of further decisions to come. In the next six months, roughly 400,000 immigrants’ status will be up for consideration, including Central American countries like El Salvador that have been a focus of the Presidents’ ire over illegal immigration and gang activity.
close dialog

California Rep. Zoe Lofgren, the top Democrat on the immigration subcommittee for the House Judiciary Committee, said in an interview before the decision that ending Sudan’s protections could be a sign of more to come.

“I mean look what’s going on in Sudan,” Lofgren said. “If that is a wise decision, what’s an unwise one?”

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Let’s take a closer look at some of those supposedly “improved conditions,” using the Government’s own information, the U.S. Department of State’s latest (2016) Country Report on Human Rights Conditions for Sudan:

“The three most significant human rights problems were inability of citizens to choose their government, aerial bombardments of civilian areas by military forces and attacks on civilians by government and other armed groups in conflict zones, and abuses perpetrated by NISS with impunity through special security powers given it by the regime. On January 14, the government launched an intensive aerial and ground offensive against Sudan Liberation Army-Abdul Wahid (SLA/AW) strongholds in the Jebel Marra area of Darfur. This operation displaced more than 44,700 persons by January 31, according to the UN Office for the Coordination of Humanitarian Affairs (OCHA). In February the government established in Darfur a suboffice of the National Human Rights Commission to enhance the commission’s capacity to monitor human rights in Darfur. Meanwhile, ground forces comprising Rapid Support Forces (RSF) and Border Guards carried out attacks against more than 50 villages in an attempt to dislodge the armed opposition. Attacks on villages often included killing and beating of civilians; sexual and gender-based violence; forced displacement; looting and burning entire villages; destroying food stores and other infrastructure necessary for sustaining life; and attacks on humanitarian targets, including humanitarian facilities and peacekeepers. In September, Amnesty International issued a report alleging that, through September the government engaged in scorched-earth tactics and used chemical weapons in Jebel Marra, Darfur. UN monitors were unable to verify the alleged use of chemical weapons, due in part to lack of access to Jebel Marra, including by rebel commanders loyal to Abdel Wahid. By year’s end the Organization for the Prohibition of Chemical Weapons (OPCW) had not been presented with sufficient corroborating evidence to conclude chemical weapons had been used. The NISS continued to show a pattern of widespread disregard for rule of law, committing major abuses, such as extrajudicial and other unlawful killings; torture, beatings, rape and other cruel or inhuman treatment or punishment; arbitrary arrest and detention by security forces; harsh and life-threatening prison conditions; incommunicado detention; prolonged pretrial detention; obstruction of humanitarian assistance; restrictions on freedom of speech, press, assembly,association, religion, and movement; and intimidation and closure of human rights and nongovernmental organizations (NGOs). Societal abuses included discrimination against women; sexual violence; female genital mutilation/cutting (FGM/C); early childhood marriage; use of child soldiers; child abuse; sexual exploitation of children; trafficking in persons; discrimination against ethnic and religious minorities, persons with disabilities, and persons with HIV/AIDS; denial of workers’ rights; and child labor. Government authorities did not investigate human rights violations by NISS, the military or any other branch of the security services, with limited exceptions relating to the national police. The government failed to adequately compensate families of victims of shootings during the September 2013 protests, make its investigations public, or hold security officials accountable. Impunity remained a problem in all branches of the security forces.

. . . .

The 2005 Interim National Constitution prohibits torture and cruel, inhuman, and degrading treatment, but security forces, government-aligned groups, rebel groups, and ethnic factions continued to torture, beat, and harass suspected political opponents, rebel supporters, and others. In accordance with the government’s interpretation of sharia (Islamic law), the penal code provides for physical punishments, including flogging, amputation, stoning, and the public display of a body after execution, despite the constitution’s prohibitions. With the exception of flogging, such physical punishment was rare. Courts routinely imposed flogging, especially as punishment for the production or consumption of alcohol. The law requires police and the attorney general to investigate deaths on police premises, regardless of suspected cause. Reports of suspicious deaths in police custody were sometimes investigated but not prosecuted. For example, in November authorities detained a man upon his return from Israel. He died while in custody, allegedly from falling out a window, although the building had sealed windows. The president called on the chief prosecutor and chief justice to ensure full legal protection of police carrying out their duties and stated that police should investigate police officers only when they were observed exceeding their authority. Government security forces (including police, NISS, and military intelligence personnel of the Sudanese Armed Forces (SAF)) beat and tortured physically and psychologically persons in detention, including members of the political opposition, civil society, religious activists, and journalists, according to civil society activists in Khartoum, former detainees, and NGOs. Torture and other forms of mistreatment included prolonged isolation, exposure to extreme temperature variations, electric shock, and use of stress positions. Some female detainees alleged NISS harassed and sexually assaulted them. Some former detainees reported being injected with an unknown substance without their consent. Many former detainees, including detained students, reported being forced to take sedatives that caused lethargy and severe weight loss. The government subsequently released many of these persons without charge. Government authorities detained members of the Darfur Students Association during the year. Upon release, numerous students showed visible signs of severe physical abuse. Government forces reportedly used live bullets to disperse crowds of protesting Darfuri students. There were numerous reports of violence against student activists’ family members.

Security forces detained political opponents incommunicado, without charge, and tortured them. Some political detainees were held in isolation cells in regular prisons, and many were held without access to family or medical treatment. Human rights organizations asserted NISS ran “ghost houses,” where it detained opposition and human rights figures without acknowledging they were being held. Such detentions at times were prolonged. Journalists were beaten, threatened, and intimidated (see section 2.a.). The law prohibits (what it deems as) indecent dress and punishes it with a maximum of 40 lashes, a fine, or both. Officials acknowledged authorities applied these laws more frequently against women than men and applied them to both Muslims and non-Muslims. Courts denied some women bail, although by law they may have been eligible. There were numerous abuses reported similar to the following example: On June 25, the Public Order Police arrested several young women and men in Khartoum under the Public Order Act for “indecent dress.” During the sweep, all women who did not have their hair covered were taken into custody. The Public Order Police further arrested two young men for wearing shorts. According to NGO reports, the Public Order Police released the young women and men later the same day without charges.

Security forces, rebel groups, and armed individuals perpetrated sexual violence against women throughout the country; the abuse was especially prevalent in the conflict areas (see section 1.g.). As of year’s end, no investigations into the allegations of mass rape in Thabit, Darfur, had taken place (see section 6).”

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What I’ve set forth above is just a small sample of some of the “lowlights.” Virtually every paragraph of the Country Report is rife with descriptions of or references to gross abuses of Human Rights.

Clearly, these are not the type of “improved country conditions” that would justify the termination of TPS for Sudan. Moreover, since it affects only 1,000 individuals, there are no overriding policy or practical reasons driving the decision.

No, the Administration’s totally disingenuous decision is just another example of wanton cruelty, denial of established facts, and stupidity.  Clearly, this is an Administration that puts Human Rights last, if at all.

As pointed out by Nolan Rappaport in a a recent post, the best solution here is a legislative solution that would provide green cards to long-time “TPSers” through the existing statutory device of “registry.” With some lead time to work on this, hopefully Lofgren can convince enough of her colleagues to make it happen.

Here’s a link to Nolan’s proposal:

http://immigrationcourtside.com/2017/09/14/the-hill-n-rappaport-suggests-legislative-solutions-for-long-term-tpsers/

PWS

09-19-17

 

THE HILL: N. RAPPAPORT SUGGESTS LEGISLATIVE SOLUTIONS FOR LONG-TERM “TPSers!”

http://thehill.com/opinion/immigration/350668-with-dreamers-out-bring-immigrants-under-temporary-protection-status-in

Nolan writes:

“The Temporary Protected Status program (TPS) provides refuge in the United States to more than 300,000 aliens from a total of 13 countries: El Salvador, Guinea, Haiti, Honduras, Liberia, Nepal, Nicaragua, Sierra Leone, Somalia, Sudan, South Sudan, Syria, and Yemen.

They are supposed to leave when it is safe for them to return to their own countries, but it can take many years for conditions in their countries to improve. The need for TPS can last for decades.

It does not include a path to permanent resident status, but should aliens who have lived in the United States for decades be required to leave when their TPS is terminated?

Rep. Zoe Lofgren (D-Calif.) says that at some point they have been here so long that they should be allowed to remain permanently: “There should be some rational way to transition people who have been here for a long time … who because of the length of their stay have basically become valued members of our community.”

. . . .

An alien is free to apply for other types of immigration status while he has TPS.

So, should congress make permanent resident status available to TPS aliens when conditions in their countries keep them here an exceptionally long time?

I agree with Lofgren that at some point, TPS aliens have been living here so long that it no longer makes sense to send them back to their own countries.

The best solution would be to change the TPS provisions to make some form of permanent status available when aliens are forced to remain for exceptionally long times because conditions in their countries do not improve, but that might not be possible.

One of the TPS provisions imposes a limitation on consideration in the Senate of legislation to adjust the status of aliens who have TPS. It provides that it shall not be in order in the Senate to consider any bill or amendment that provides for adjustment to lawful temporary or permanent resident status for TPS aliens, or has the effect of amending the TPS provisions in any other way.

This restriction can be waived or suspended with an affirmative vote from three-fifths of the senators, which is known as a “supermajority vote.”

But there is an alternative that would not require changing the TPS provisions.

The Registry legalization program, which was established in 1929, makes lawful permanent resident status available to qualified aliens who entered the United States before January 1, 1972; have resided in the United States continuously since such entry; and have good moral character.

An update of the registry cutoff point is long overdue. It has not been changed since it was set at 1972, by the Immigration Reform and Control Act of 1986 (IRCA).

The change would apply to all undocumented aliens who can meet the eligibility requirements.”

**********************************************

Read Nolan’s complete article, which contains a very succinct and helpful explanation of TPS which I omitted above, over at The Hill.

I think that Nolan has hit it on the head here! There is virtue in using existing administrative processes to deal with new issues. And, as he points out, “Registry” is there for the taking, and it’s been 30 years since it was updated!

Recollection: Understandably, we didn’t see very many “Registry” cases during my tenure at the Arlington Immigration Court (2003-16). But the rare ones we did receive always received “waivers” of the “no business at lunch rule” because they always involved such interesting human stories. I never came across one myself. But, I think that my colleagues who did always felt like they had discovered a “nugget of gold” in the least expected place! It would also help the Immigration Courts because most of the Registry cases (like the TPS cases) could be adjudicated over at USCIS, thereby reducing “docket pressure.” Bring back Registry! Yea Nolan!

PWS

09-14-17

Secretary Kelly Proposes Legislative Legalization For Dreamers & Central American TPSers! — Puts Ball In Congress’s Court!

http://m.washingtontimes.com/news/2017/jun/11/john-kelly-dhs-secretary-suggests-dreamer-amnesty/

The Washington Times reports:

http://m.washingtontimes.com/news/2017/jun/11/john-kelly-dhs-secretary-suggests-dreamer-amnesty/

“The Trump administration last week floated an amnesty idea for potentially 1 million illegal immigrants, looking to find permanent solutions for some of the most sympathetic cases in the long-running immigration debate.

In two days of testimony to Congress, Homeland Security Secretary John F. Kelly said he doubts his ability to oust some 250,000 immigrants from Central American countries who have been in the U.S. for nearly two decades on a temporary humanitarian relief program.

He also signaled that he would keep protecting 780,000 Dreamers from deportation and hoped Congress would grant them permanent status.

“You’ve got to solve this problem,” Mr. Kelly told the House Homeland Security Committee when members prodded him not to deport Dreamers.

He said he would not deport Dreamers but warned that the policy could change when someone else takes over his job, making the only solution congressional action. He said there is clear bipartisan support for some form of permanent legalization and urged lawmakers to take the opportunity that the Trump administration is giving.

“I’m not going to let the Congress off the hook. You’ve got to solve it,” he said.

If lawmakers wait, he warned, a future secretary might take a stricter line on Dreamers and fully cancel President Obama’s 2012 amnesty, known in governmentspeak as DACA.”

************************************************

Finally, some of the common sense and nuance that many had hoped Secretary Kelly would bring to the table! And, some public recognition that it is neither desirable nor possible to restore or pursue all of these cases on already overwhelmed U.S. Immigration Court dockets. I also agree with the Secretary that Congress needs to step up to the plate and fashion some type of bipartisan legislative solution.

One thing that might favor a solution in this Congress: one of the strongest opponents of past bi-partisan efforts at common-sense immigration reform, Jeff “Gonzo-Apocalypto” Sessions, is no longer in the Senate. In fact he seems to be “otherwise occupied” these days defending himself on possible ethnics and perjury charges.

My friend, Nolan Rappaport, who has been touting bipartisan legislative solutions to immigration problems for ages should be cheered with this development! Nolan recently reported that some of his articles from The Hill were entered into the Congressional Record!

PWS

06-12-17

 

 

 

Should 350,000 El Salvadorans & Hondurans With TPS Start Packing Their Bags?

http://abcnews.go.com/International/wireStory/homeland-security-chief-signals-shift-immigration-program-47778916

Jennifer Kay reports for the AP:

“Immigrants who have legally lived and worked in the U.S. since disasters in their countries years ago may have to start thinking about going home, the U.S. Homeland Security chief said Thursday.

In an interview with The Associated Press, Secretary John Kelly sent strong signals that immigration benefits known as “temporary protected status” should not be as open-ended as they have become for tens of thousands of people from Haiti and Central America.

“The point is not that there be a complete recovery of all ills in the country,” Kelly said. “The point is, whatever the event is that caused TPS to be granted — that event is over, and they can return.”

That might shock 86,000 immigrants from Honduras and another 263,000 from El Salvador, who constitute the vast majority of the program’s current beneficiaries.

The Hondurans, along with more than 5,000 immigrants from Nicaragua, became eligible for the temporary protections in 1999 because of destruction from Hurricane Mitch a year earlier. Immigrants from El Salvador were included in 2001 after a series of earthquakes.

Immigrants from those three countries make up 80 percent of the 435,000 people from 10 nations currently eligible. Their status has been renewed every 18 months, and it will be up for renewal again early next year.

Kelly spoke with AP in Miami a day after meeting with Haiti’s president to discuss the return of roughly 50,000 Haitians to the long-troubled Caribbean country. He joined Florida Gov. Rick Scott at the National Hurricane Center to mark the start of hurricane season Thursday.

Kelly said he has not yet discussed ending temporary status with the Central American countries’ leaders. However, he emphasized that those privileges were intended to be temporary, even though they have not been administered that way.

“People in my position automatically — without thinking about it very much, apparently — just simply extended it,” Kelly said. “They weren’t taking the same approach to the law as I am.”

********************************************************

Read the complete article at the link.

A few problems here.

First, Hondurans with TPS have been in the U.S. continuously since 1999, El Salvadorans since 2001. Most of them have homes, jobs, and U.S. citizen kids. They are members of our society. Are we really going to send them home after they have been here for decades in many cases?

Second, the last time a termination of these programs was considered was during the Clinton Administration. At that time, the Governments of El Salvador and Honduras went berserk, telling the State Department that return of that many individuals in a short period of time could destabilize their economies and their political systems. In plain terms, those countries could collapse. Moreover, money sent home by El Salvadorans and Hondurans with TPS status was basically propping up the economies of those countries.

Third, some TPS individuals are under final orders of removal. In theory, they would become removable immediately if they failed to depart after termination of the programs. But, they could move to reopen Deportation or Removal Proceedings if circumstances in their cases have materially changed, which is quite possible. Moreover, many, probably the vast majority, of those with TPS either 1) were never place in Removal Proceedings, or 2) had such proceedings “administratively closed” prior to a decision on the merits by an Immigration  Judge. In both of these situations, individuals would have to be placed back on the Immigration  Courts’ Master Calendar (that is arraignment) dockets.

Given the current 600,000 case backlog in Immigration Court, and that many Immigration Judges are scheduling new non-detained cases for “individual hearing” dates three, four, or more years from now, most of these cases wouldn’t even be heard on the merits until well after the end of President Trump’s current term.

By that time, individuals will have been in the U.S. for almost a quarter of a century. Many will have adult U.S. citizen children who can petition for them for permanent immigration.

Eventually, folks here from El Salvador and Honduras will have to be given some type of permanent or semi-permanent status, with or without a “path to citizenship.” Until then, they are working, paying taxes, and are an asset to the U.S. and their communities. Because of the nature of TPS, those relatively few who do commit one felony or two misdemeanors are arrested, detained, and removed promptly, unless they qualify for additional relief. And, the Government apparently makes money from the fees generated by extensions of TPS status and work authorization.

So, regardless of the original legal framework, TPS is one of the most successful and beneficial programs that DHS runs right now. Better not to mess with it unless you have a better idea. And, better ideas on immigration are not a strong point of the Trump Administration generally or Secretary Kelly, specifically.

Stay tuned.

 

PWS

06-03-17

 

DHS Extends Haitian TPS For 6 Months — Some Still Seek Longer Period!

http://www.voanews.com/a/us-gives-haitian-immigrants-6-month-tps-extension/3865735.html

VOA News reports:

US Gives Haitian Immigrants 6-month TPS Extension

US Gives Haitian Immigrants 6-month TPS Extension

  • VOA News

FILE - Farah Larrieux, an immigration activist shown in April at home in Miramar, Fla., is among at least 50,000 Haitians who could be deported with the loss of Temporary Protected Status. She predicted they might go into the shadows.

FILE – Farah Larrieux, an immigration activist shown in April at home in Miramar, Fla., is among at least 50,000 Haitians who could be deported with the loss of Temporary Protected Status. She predicted they might go into the shadows.

The U.S. Department of Homeland Security on Monday announced it has extended Haitian immigrants’ access to a program of humanitarian protection for six months.

At least 50,000 Haitian immigrants are registered for Temporary Protected Status (TPS), which permits them to live and work in the United States. TPS, offered in the wake of a deadly 2010 earthquake in Haiti, was set to expire July 23. It has been extended through January 22 – though some U.S. lawmakers, Haitian authorities and immigration advocates who’d sought a longer term expressed disappointment.

“Haiti has made progress across several fronts since the devastating earthquake,” DHS Secretary John Kelly said in a statement, adding that he was “proud of the role the United States has played during this time in helping Haitian friends.”

Kelly said the extension “should allow Haitian TPS recipients living in the United States time to attain travel documents and make other necessary arrangements for their ultimate departure from the United States, and should also provide the Haitian government with the time it needs to prepare for the future repatriation of all current TPS recipients.”

Pierrot Mervilier hugs an unidentified girl whose family, covered by TPS, met with news media in Miami, May 22, 2017.

Pierrot Mervilier hugs an unidentified girl whose family, covered by TPS, met with news media in Miami, May 22, 2017.

Haiti sought 1-year minimum

Haiti’s government had urged the United States to extend TPS “for at least another year,” its ambassador to the United States, Paul Altidor, told VOA earlier this month.

Altidor said the Caribbean country, while glad to welcome back “our brothers and sisters,” was not ready to absorb tens of thousands of returnees “overnight.”

Haiti “has not recovered entirely from the earthquake,” the ambassador said, noting that not all of the financial aid pledged by “many friends and countries around the world” had materialized. He also pointed out that his country had endured additional setbacks, such as a cholera epidemic and a crippling hurricane last October.

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Read the complete story at the link.

From Secretary Kelly’s statement, its appears that DHS intends to terminate Haitian TPS at the conclusion of this six month extension. That move is sure to be fraught with controversy. However, the law gives the Secretary complete, unreviewable discretion to make TPS decisions.

PWS

05-23-17

Haitians Next Target Of Trump’s Xenophobic Cruelty? — USCIS “Tanks” On TPS Extension — Haitian Country Conditions No Better, But U.S. Political Conditions Have “Changed!”

From the Washington Post on Sunday, April 23:
April 22

POVERTY IN Haiti, by far the most destitute country in the Americas, is so extreme that it defies most Americans’ imaginations. Nearly 60 percent of Haitians live on less than $2.42 per day; a quarter of Haitians scratch out a living on half that amount. That the United States would intentionally inflict a sudden, massive and unsustainable hardship on such a country — one already reeling from a series of natural and man-made disasters — defies common sense, morality and American principles. Yet that is exactly what Homeland Security Secretary John F. Kelly is now considering.

Incredibly, an agency under Mr. Kelly’s purview has recommended that some 50,000 Haitians now living legally in the United States be expelled en masse next January. If Mr. Kelly approves the expulsion, it would be a travesty. It would, at a stroke, compound the humanitarian suffering in a nation of 10.4 million already reeling from a huge earthquake in 2010, an ongoing cholera epidemic that is the world’s worst and a devastating hurricane that swept the island only last fall.

The recommendation from U.S. Citizenship and Immigration Services, an agency within the Department of Homeland Security, involves Haitians who have lived in the United States since the 2010 earthquake and have been allowed to remain legally since then on humanitarian grounds, under a series of 18-month renewals.

Now, the agency proposes to revoke the “temporary protected status,” or TPS, under which those Haitians live and work in the United States, a move that would trigger an exodus into a country ill-equipped to absorb them. It would also sever a major source of income on which several hundred thousand Haitians depend — namely, cash sent back to the island by their relatives working in the United States.

In December, the same immigration agency now urging expulsion issued a report saying that the horrendous conditions that prompted the TPS designation in 2010 persist, including a housing shortage, the cholera epidemic, scanty medical care, food insecurity and economic wreckage.

Haiti’s fundamental economic situation is unchanged since that report. The effects of Hurricane Matthew, a Category 4 storm when it hit Haiti last October, were particularly devastating, leading to catastrophic losses to agriculture, livestock, fishing and hospitals in rural areas, plus nearly 4,000 schools damaged or destroyed, according to the World Bank. The value of those losses is estimated at $1.9 billion, more than a fifth of Haiti’s gross domestic product; the storm left more than a million Haitians in need of humanitarian aid.http://wp.me/p8eeJm-Jz

In addition to Haitians, citizens of a dozen other war-torn, poverty-stricken and disaster-struck countries living in the United States have been granted temporary protective status, including El Salvador and Nicaragua, both of which are richer than Haiti. For the United States, the hemisphere’s richest country, to saddle Haiti, the poorest, with what would amount to a staggering new burden would be cruel and gratuitous. It may also be self-defeating. It’s hardly unthinkable that a sudden infusion of 50,000 jobless people could trigger instability in a nation with a long history of upheavals that often washed up on U.S. shores. Food for thought, Mr. Kelly.”

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This is what happens in a politicized bureaucracy. Folks with their jobs on the line are afraid to speak truth or the truth is being suppressed by politicos. Is Gen. Kelly going to stand up for human values?

If TPS for Haitians is revoked, there would undoubtedly be a “grace period” for them to leave the U.S. voluntarily. Thereafter, they would be subject to Removal Proceedings. But, for those who do not have outstanding orders of removal, the prospects would be similar to what I have described if protections for “Dreamers” were rescinded.http://wp.me/p8eeJm-Jz

Most would go to the end of a line in the U.S. Immigration Courts stretching off for years into the future. But, lack of the work authorization that accompanies TPS status could be a problem for both the individuals and their U.S. employers.

PWS

04-23-17

 

Huge Win For TPS In 9th Circuit — Court Blasts DHS’s “Rube Goldberg” Interpretation — Allows Adjustment Of Status — Ramirez v. Brown

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/31/14-35633.pdf

“And the government’s interpretation is inconsistent with the TPS statute’s purpose because its interpretation completely ignores that TPS recipients are allowed to stay in the United States pursuant to that status and instead subjects them to a Rube Goldberg-like procedure under a different statute in order to become “admitted.” According to the government, an alien in Ramirez’s position who wishes to adjust his status would first need to apply for and obtain a waiver of his unlawful presence, which he could pursue from within the United States. See Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives, 78 Fed. Reg. 536-01, 536 (Jan. 3, 2013). Assuming that Ramirez demonstrates “extreme hardship” to his U.S. citizen wife and the waiver is granted, see 8 U.S.C. § 1182(a)(9)(B)(v), he would then need to exit the United States to seek an immigrant visa through processing at a U.S. embassy or consulate in another country. Such processing usually takes place in the alien’s home country—in this case, the country that the Attorney General has deemed unsafe— though it can occur in another country with approval from the Department of State and the third country. See 22 C.F.R. § 42.61(a). If he obtains the visa, Ramirez could then return to the United States to request admission as a lawful

permanent resident. To be sure, other nonimmigrants must leave the country to adjust their status, see 8 U.S.C. § 1255(i), but the invocation of these procedures in other circumstances does not undercut the clear language of the TPS statute on the “admitted” issue, and the convoluted nature of the government’s proposal underscores its unnatural fit with the overall statutory structure.

In short, § 1254a(f)(4) provides that a TPS recipient is considered “inspected and admitted” under §1255(a). Accordingly, under §§ 1254a(f)(4) and 1255, Ramirez, who has been granted TPS, is eligible for adjustment of status because he also meets the other requirements set forth in § 1255(a). USCIS’s decision to deny Ramirez’s application on the ground that he was not “admitted” was legally flawed, and the district court properly granted summary judgment to Ramirez and remanded the case to USCIS for further proceedings.”

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Although the 9th Circuit’s decision makes sense to me, and is consistent with a previous ruling by the 6th Circuit, the court notes that the 11th Circuit agreed with the DHS position. Consequently, there is a “circuit split,” and this issue probably will have to be resolved by the Supremes at some future point.

I had this argument come up before me in the Arlington Immigration Court. After conducting a full oral argument, I ruled, as the 9th Circuit did, in favor of the respondent’s eligibility to adjust. While the DHS “reserved” appeal, I do not believe that appeal was ever filed.

One of the things I loved about being a trial judge was the ability to hear “oral argument” from the attorneys in every merits case where there was an actual dispute.

PWS

04-01-17