A 9th Circuit Court of Appeals ruling enabling the Trump Administration to end Temporary Protected Status (TPS) for immigrants from certain countries is a “win” for the rule of law, Attorney General Pam Bondi and Department of Homeland Security (DHS) Secretary Kristi Noem declared Monday evening.
A lower court had vacated Secretary Noem's termination of Temporary Protected Status (TPS) designations for Nepal, Honduras, and Nicaragua. But, Monday’s ruling puts a stay on that decision, pending appeal.
“A win for the rule of law and vindication for the US Constitution,” Noem wrote in a X.com post reacting to the 9th Circuit Court’s ruling and denouncing the Biden Administration and past Democrat presidents for turning a self-described “temporary” designation into a permanent form of amnesty:
“Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation.
“TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades. Given the improved situation in each of these countries, we are wisely concluding what was intended to be a temporary designation.”
“This is a crucial legal win from @TheJusticeDept attorneys that helps clear the way for President Trump’s continued deportations,” AG Bondi wrote, noting that the 9th Circuit also ruled that the administration is likely to prevail against any further appeals:
“As the court found, ‘the government is likely to prevail in its argument’ that ending Temporary Protected Status for some immigrants is sound and lawful policy.
“We are proud to represent the Trump Administration in court every day.”
With its ruling, “the 9th Circuit not only granted a stay pending appeal but struck at the very heart of a number of related rulings,” the attorney general wrote.
“To put it simply, per the 9th Circuit, the applicable statute allows the DHS Secretary to terminate TPS designations, just not to vacate them,” attorney and Deputy Managing Editor for RedState Susie Moore writes, explaining that the court affirmed Executive Branch authority to end TPS status, not just of immigrants from Nepal, Honduras and Nicaragua, but of any country, in general:
“The court distinguished this case, involving the termination of TPS, from its recent ruling in a case involving Noem's vacatur of a TPS designation, which found that she had exceeded her statutory authority.”
….
“The 9th Circuit not only granted a stay pending appeal but struck at the very heart of a number of related rulings.”
National TPS Alliance, the organization that sued to vacate the administration’s termination of the TPS designation, was given seven days to report whether or not it intends to appeal the 9th Circuit’s ruling.
