特朗普政府可以结束对另外三个国家国民的保护身份:上诉法院
Trump Admin Can End Protected Status For Nationals Of 3 More Countries: Appeals Court

原始链接: https://www.zerohedge.com/political/trump-admin-can-end-protected-status-nationals-3-countries-appeals-court

美国一个上诉法院暂时允许特朗普政府终止对近89,000名来自尼泊尔、洪都拉斯和尼加拉瓜的移民的临时保护身份(TPS)。 此举推翻了之前一位联邦法官的裁决,该法官认为政府的行为可能存在种族偏见,并担心对这些国家情况的考虑不足。 第九美国巡回上诉法院认为,政府可能已经充分考虑了这些情况,并且TPS作为一项临时措施,已被过度使用。国土安全部部长克里斯蒂·诺姆认为该计划被“滥用”,并且这些国家的状况改善证明了终止保护身份是合理的,该身份允许持有人在美国居住和工作,而不用担心被驱逐出境。 尼泊尔是在2015年地震后被指定为TPS国家,而洪都拉斯和尼加拉瓜则是在1999年米奇飓风过后获得该身份。 政府还在上诉另一项裁决,该裁决阻止了终止对海地国民的TPS。 此决定标志着更严格的移民执法工作取得了一项胜利。

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原文

Authored by Troy Myers via The Epoch Times (emphasis ours),

The Trump administration can move forward with ending Temporary Protected Status (TPS) for immigrants from Nepal, Honduras, and Nicaragua, a U.S. appeals court ruled Monday.

Illegal immigrants from Nicaragua, Ecuador and other nationalities at a door on the border wall waiting to be picked up by the U.S. Border Patrol in El Paso, Texas, on Jan. 4, 2023. Paul Ratje/Reuters

It was a unanimous decision by a three-judge panel, ruling to temporarily lift a previous federal judge’s ruling that blocked the termination of the status for immigrants of the three countries and accused the federal government of possibly being racially motivated in its actions.

There are nearly 89,000 immigrants from Nepal, Honduras, and Nicaragua who have been granted temporary status to live in the United States.

“TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades,” Homeland Security Secretary Kristi Noem said in a Feb. 9 post on X.

U.S. District Judge Trina Thompson in California blocked Noem’s attempt to end TPS for nationals of the three countries in December, citing comments about immigrants from the Homeland Security secretary and President Donald Trump as her reasoning.

The judge also said the Trump administration did not consider the conditions of the nations that might prevent immigrants from returning.

The Ninth U.S. Court of Appeals in California on Monday paused Thompson’s ruling for the duration of the appeal, stating the federal government could likely prove there are legitimate reasons to terminate Nepali, Honduran, and Nicaraguan protection.

A win for the rule of law and vindication for the U.S. Constitution. Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation,” Noem said.

In contrast to the previous federal judge ruling to block the terminations, the appeals court found the federal government could likely prove that Noem did consider the conditions of Nepal, Honduras, and Nicaragua before ending the roughly 89,000 immigrants’ protected status.

The TPS statute allows the secretary of Homeland Security to declare a foreign state for protected status when “nationals of that state cannot return there safely due to armed conflict, natural disaster, or other ‘extraordinary and temporary conditions,’” the appeals court wrote Monday.

TPS holders are eligible for work and protection from deportation while their home country remains designated. The Homeland Security secretary can periodically review conditions in a foreign nation and decide whether a protected status allowing stay in the United States is still warranted for its citizens. If conditions aren’t met, Noem has the authority to terminate the TPS by giving notice in the Federal Register, a daily journal for the U.S. government.

“Given the improved situation in each of these countries [Nepal, Honduras, Nicaragua], we are wisely concluding what was intended to be a temporary designation,” Noem said on X.

Nepal came under TPS designation after a devastating 2015 earthquake, killing nearly 9,000 people across multiple countries, including Nepal.

Honduras and Nicaragua received their designation after Hurricane Mitch in 1999, resulting in at least 10,000 deaths in Central America.

The appeals court’s decision is a big win for the Trump administration as it continues immigration law enforcement in cities across America.

The federal government has also tried to end TPS for an estimated 300,000 Haitian nationals living in the United States. A federal judge ruled last week that the termination for nationals of the Caribbean nation violated federal law.

The Trump administration is appealing the case.

Reuters contributed to this report.

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