FOR IMMEDIATE RELEASE
Monday, September 14th, 2020
Contact: Asha Noor, asha@africans.us, (202) 420-9744
Nepali, African and Afro-Caribbean Children Denied Right To Live With Parents in the U.S.
300,000+ Individuals and Families from TPS Communities now at risk of deportation
Washington, D.C. - Today the Ninth Circuit U.S. Court of Appeals handed down a decision on Ramos v Nielsen, ruling 2-1 on the side of the Trump administration, and against the Temporary Protected Status (TPS) communities that brought the suit. The ruling affects more than 300,000 TPS holders from El Salvador, Haiti, Nicaragua, and Sudan. It also opens the way for the termination of Nepal and Honduras TPS in Bhattarai v. Nielsen.
In the opinion posted today, the appellate court held that the district court which entered the preliminary injunction that blocked the termination of TPS, “abused its discretion” in concluding that the Plaintiffs presented “at least serious questions on the merits of their Equal Protection claim.” They further defended their denial of this claim by saying that there was no evidence that the racist statements of Trump and his administration were a direct motivation for the termination of TPS. The Court did not address the claim citing a violation of the Administrative Procedure Act.
TPS allows 300,000 families protection from deportation and work permits to provide for their families safely in the United States. Since 2017, The Trump Administration has terminated TPS status for all but four out of the original thirteen countries that had active TPS protection in January 2017.
TPS holders across the country fought back after the terminations and effectively won preliminary injunctions in 2019 maintaining current protections until January 4, 2021, for El Salvador, Haiti, Nicaragua, and Sudan. After the filing of a related case, the initial injunction was extended to cover TPS-holders from Honduras and Nepal (under Bhattarai v Nielsen).
Trump Administration challenged this bare minimum provision and the latest ruling from the ninth circuit appellate court affirmed Trump’s racist arguments today.
As the United States continues to face an onslaught of COVID-19 cases which now top 4,000,0000 and deaths reaching over 160,000, we need to secure the stability and health of all communities regardless of their background. TPS holders have been instrumental on the front lines by providing care in hospitals, and other essential industries.
The decision of the Ninth Circuit judges today to side with the government further enables the Trump administration’s continued and systematic destruction of programs that benefit Black and Brown immigrants; empowering law enforcement to continue dehumanizing, detaining, and ultimately mass deporting these communities.
“Before the decision, the Ramos case is what allowed me to still work and stay here. After so many years of being in the US, I have managed to build a life here. Now after the decision, I am more worried about my status, and how this will turn my life upside down and be devastating.”
-Ali Jacknoon, African Communities Together
“I have two children who were born here, a 13-year-old son and 9-year-old daughter. I’ve been living in this country for over 23 years. After I got TPS in 2015, I was able to take my children to visit my country for the first time in 2016. As wonderful as it was for us to be able to visit Nepal, we also realized that home for us, as a family, is the US. We belong here, and we cannot be separated. My children need me. If I lose TPS, I cannot imagine losing my job, health insurance for my family, and possibly being separated from my children. Congress must act to protect us now.”
-Rajesh Thapa, a Nepali TPS holder and member of Adhikaar
UndocuBlack Network provided the following quote: “The litigation was only a temporary relief, and our communities will continue to fight for permanent protections. After the successful passage of the American Dream and Promise Act in the House of Representatives last year, we call on the Senate to pass legislation to provide a pathway to permanent residency. At a minimum, we want to stress the importance of extending work permits for TPS holders and DACA recipients in any pandemic relief package negotiated at this moment.
Haitian Bridge Alliance provided the following quote: “Our communities are under attack, lives are at risk, the only way to move forward, is for the Senate to pass the HR.6 the Dream and Promise Act to provide protection and a pathway to permanent residency for TPS holders and DACA recipients many of whom have been in the forefront fighting the CoVid-19 Pandemic and driving these United States forward. The failure to do so will be catastrophic and dismantle the very fabric of our communities”
African Communities Together quote: “ Our communities have been stuck in limbo, living with uncertainty over their immigration status, job security, COVID-19, and more. Today the courts have exacerbated that uncertainty by siding with the Trump administration, Xenophobia, racism, and exclusion. Our communities deserve better, and we are disappointed with the unfavorable outcome today and we expect Congress to pass legislation that will undo this, and provide a clear pathway to permanent residency for TPS holders”
Adhikaar quote: “In addition to the 300,000 TPS holders who will be at risk of deportation, including nearly 15,000 Nepali TPS holders, the Trump administration has created a crisis for families including citizen children and communities who depend on TPS holders. TPS holders are essential workers, small business owners and serve as leaders in religious or community associations. TPS holders make up the fabric of their community, support our economy, and have lived decades in this country, with hopes of creating futures here. We now turn to Congress to pass legislation that will provide a pathway to permanent residency for all TPS holders.”
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About the Organizations:
Adhikaar (Nepali: rights) is a New York-based non-profit, organizing the Nepali-speaking community to promote human rights and social justice for all. We are a women-led workers’ center and community center focused on workers’ rights, immigration rights, access to affordable healthcare, and language justice. We center women and the most impacted communities in our leadership to provide social services, education, and organize advocacy campaigns.
African Communities Together (ACT) is an organization of African immigrants fighting for civil rights, opportunity, and a better life for our families here in the U.S. and worldwide. ACT empowers African immigrants to integrate socially, get ahead economically, and engage civically. We connect African immigrants to critical services, help Africans develop as leaders, and organize our communities on the issues that matter.
The UndocuBlack Network (UBN), founded in 2016, is a multigenerational network of currently and formerly undocumented Black people that fosters community, facilitates access to resources and contributes to transforming the realities of our people so we are thriving and living our fullest lives. UBN has chapters in New York City, the DC/MD/VA area, and Los Angeles, CA.
Haitian Bridge Alliance (HBA) is a 501(c)(3) nonprofit community organization based in Southern California that advocates for fair and humane immigration policies and connects migrants with humanitarian, legal, social services, with a particular focus on black migrants, the Haitian community, women, LGBTQ individuals and survivors of torture and other human rights abuses.
