Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm - United States
Sep 17, 2020

Appeals Court Rules Trump Administration Can End Temporary Protected Status (TPS)

Joshua H. Rolf

The United States Circuit Court of Appeals for the Ninth Circuit ruled Monday that President Trump can put an end to Temporary Protected Status (TPS), which would deny more than 300,000 individuals the ability to remain in the United States legally. Under the program, recipients, who are not granted any pathway to lawful permanent residency or U.S. citizenship, are permittedto remain in the United States and obtain work authorization due to their home countries’ conditions. This decision could lead to the expulsion of citizens of El Salvador by November 2021, with protection for those from Sudan, Nicaragua, and Haiti ending as soon as March. It is likely that this decision will also affect the status of TPS recipients from Honduras and Nepal, who filed a separate lawsuit that was suspended in 2019 pending the outcome of the Ninth Circuit case.

Created by Congress in 1990, TPS requires periodic renewal by the Secretary of Homeland Security to remain in effect. TPS protects individuals already in the United States when disaster or political turmoil strike their home countries. For example, thousands of Haitian nationals received TPS after the 2010 earthquake devastated their home country. In seeking to end TPS, the Trump administration asserts that many of the countries from which TPS recipients originate have long recovered from the circumstances that justified the initial grant of TPS and that, in many cases, the program should have been phased-out years ago.

This latest ruling will likely be appealed to the Supreme Court. However, should the decision be ultimately upheld and the Trump administration choose to terminate TPS, those who depend on it would have to search for other ways to remain in the United States legally or be required to depart. It is also worth noting that separate litigation, regarding Haitian nationals in the U.S. under TPS specifically, is ongoing in the 2nd U.S. Circuit Court of Appeals in New York.

If you or a family member may be affected by this policy, please contact the attorneys at Green & Spiegel, LLC at (215) 395-8959 to best understand your options.

Related Team

Joshua H. Rolf

Joshua H. Rolf

(215) 395-8959

(215) 395-8959

email Joshua

Philadelphia (US Headquarters)

Full Biography

Joshua H. Rolf

Recent Blogs

Jan 15, 2021

Trump Tries Again to Raise Prevailing Wages, Success not Expected

In the last full week of the Trump administration, the DOL has once more issued a prevailing wage rule that lifts wages for H-1B, E-3, and H-1B1 nonimmigrant cases and for the PERM labor certification program. The new final rule, which was published on January 14, and goes into effect sixty days later, contains significant prevailing wage increases for all wage levels, though the new minimums are not as high as initially sought by DOL. The rule also provides a multi-year transition period which is intended to give employers time to meet the wage increases and makes certain accommodations for H-1B workers who are pursuing employment-based permanent residence. Initial wage increases are set to begin on July 1, 2021.

Jan 08, 2021

Final Rule Signals Major Change in H-1B Selection Process

In November 2020, we reported on the Trump administration’s Notice of Proposed Rule Making, announcing a major change in the process for filing cap subject H-1B petitions. The new proposed selection process prioritizes registrations based on wage level, thus giving priority to those registrations by employers who are paying the highest prevailing wages. Following the mandatory notice and comment period, the government has announced that the final rule will go into effect, without modification, on Friday, January 8, 2021.

Jan 04, 2021

H-1B, L-1 Restrictions Extended through March 31, 2021

Late on December 31, 2020, President Trump issued a proclamation continuing Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the United States as a result of the COVID-19 pandemic. The proclamations have been continued until March 31, 2021. Learn more in this blog.