Liberal 9th Circuit Court gives Trump victory, green light to proceed with deportation of 300,000 illegal immigrants

WASHINGTON, DC – One of the main focus for President Trump and his initial run for president in the 2016 election was immigration reform. 

Since being elected, the President and his legal team have relentlessly fought to keep illegal aliens out of the country, while accepting those who came into the country legally. 

Now, the President, with a recent US appeals court, has just scored a major legal victory which may enable the administration to deport hundreds of thousands.

The United States 9th Circuit of Appeals, in a 2-1 decision, reversed a lower court ruling which had previously blocked the President’s attempts at phasing out what has been known as the Temporary Protected Status.  This status typically applies to people from Sudan, Haiti, Nicaragua, and El Salvador.

With the TPS removed, the illegal aliens from the affected countries will have a certain amount of time to leave the country before being deported.  During that time frame, they may seek other options to extend their stay in the country legally.

9th Circuit Court Judge Consuelo Callahan wrote a 54-page opinion that President Trump’s administration decision to start phasing out the TPS were not legally reviewable.  Therefore, the lower court erred in their opinion to block it. 

Callahan wrote:

“The Secretary’s discretion to make TPS determinations, while not without check, is undoubtedly broad and unique in nature.  The decision to designate any foreign country for TPS begins and ends with the Secretary, so long as certain limited statutory criteria are met.”

Callahan also addressed concerns raised by attorney’s who claimed that the President’s administration moving to remove the TPS provisions were only because he was racist. 

She wrote:

“Plaintiffs fail to present even ‘serious questions’ on the merits of their claim that he Secretaries’ TPS terminations were improperly influenced by the President’s ‘animus against non-white, non-European immigrants.” 

She then added that the suit had:

“[A] glaring lack of evidence tying the President’s alleged discriminatory intent to the specific TPS terminations.”

Callahan also added:

“The mere fact that the White House exerted pressure on the Secretaries’ TPS decisions does not in itself support the conclusion that the President’s alleged racial animus was a motivating factor in the TPS decisions.”

The only dissenting opinion in the case, Judge Morgan Christen, stated she believed that there was a strong enough argument presented that the actions taken by then Homeland Security Secretary Kirstjen Nielson were inappropriate.  

She said:

“Remarkably, the government urges us to interpret the many denigrating comments in the record as descriptions of inferior living conditions in foreign countries, rather than evidence of racial animus.” 

Lawyers with the ACLU from Southern California agree with Christen, and said they will be appealing the decision.  Their attorney, Ahilan Arulanantham, believes that the court decision was “deeply flawed.”  Based on this, they are seeking a full review from the appellate court, if that fails, they expect to appeal up to the Supreme Court for a final decision.

The TPS is supposed to allow asylum seekers to come into the country and work legally while their home country is experiencing some type of turmoil.  The TPS is supposed to be temporary and must be renewed occasionally six to 18 months at a time.

President Trumps administration has argued against renewing TPS, stating that the majority of lawful reasons for those people to be here have rectified.  Instead of removing those provisions and ordering the people back to their own countries, they have been allowed to remain in the United States seemingly endlessly.

Democratic Presidential Candidate Joe Biden’s campaign has, of course, come out against the President’s push to remove TPS.  The campaign calls the move “politically motivated.”

The largest group of people that may be affected by this move comes from El Salvador.  This group has over 250,000 people that may be forced to go back to their country after a year to make arrangements. 

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As decisions are being made on whether or not immigrants should return to their countries or origin, an Immigration Relief Fun was just passed in Washington State.

OLYMPIA, WA – On August 10, Gov. Jay Inslee announced the creation of a state fund to help undocumented workers during the continued COVID-19 pandemic.

In a news release, Inslee proudly spoke of the Immigration Relief Fund, which will provide $40 million to assist Washington residents who have been unable to access federal stimulus programs due to their immigration status.

Allegedly, the governor and his staff worked closely with a coalition representing 430 immigration rights and social services organizations, and labor advocacy leaders to develop the funds. He said in a statement:

“We have to ensure that no one in our state is left behind as we fight this pandemic. COVID-19 doesn’t care about your immigration status. We must support every family affected by the virus, especially those who lack the necessary means to quarantine or isolate and prevent further spread.”

He added:

“This is the right thing for the well-being of individuals, the health of their colleagues, and the safety of our communities.”

According to the news release, the Washington State Department of Social and Health Services has issued a request for proposals to select the nonprofit organization that will be in charge of administering the Immigrant Relief Fund.

Allegedly, once the nonprofit is chosen it will then partner with other community organizations to manage applications and the awards of $1,000 per eligible individual or up to $3,000 per family. If all goes as planned, initial awards are expected to be made later in the fall.

Rich Stolz, executive director of OneAmerica, an immigrant rights group, said:

“Immigrant community members are facing some of the worst outcomes of this pandemic and have been systematically excluded from a social safety net for too long.

A coalition of immigrant organizations came together to develop this fund that recognizes the dignity of our undocumented community members and works to get some relief to their families during this difficult time.”

Throughout his time in office, Inslee has always strongly supported the immigrant and refugee communities within the state of Washington. He said:

“Immigrant workers are critical to communities throughout the state and are the backbone of our economy. While some have been hit by the economic downturn caused by the pandemic, others face safety risks as frontline workers.”

He added:

“And even though immigrants in the United States pay billions of dollars in taxes, they do not receive the same support when a crisis occurs. This is one way to help rectify that situation.”

The Epoch Times reports that Washington state has between 229,000 and 271,000 illegal immigrants, primarily from Mexico.

Mark Krikorian, executive director of the Center for Immigration Studies, which is described as a nonpartisan research organization, said that Washington state taxpayers are free to subsidize illegal immigrants, but should think twice before committing to actions like the Immigration Relief Fund. He said:

“Washington state taxpayers should be careful what they wish for because this is the kind of thing that could incentivize even more poor illegal immigrants to move to Washington state.”

He added:

“Why would you stop at COVID-19 relief? Once people have been supported by the government, they’ve been essentially subsidized by taxpayers in the state, they’re going to want other subsidies, even when the virus emergency passes.”

Back in May, similar action was taken by the state of California. Under Governor Gavin Newsom’s orders, state officials began distributing $500 per illegal immigrant, with a cap of $1,000 per household. According to reports, officials projected that 150,000 immigrants would receive the assistance, which would amount to $75 million in funds.

At a news conference, Newsom said:

“This is a state that steps up to help those in need, regardless of status.”

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Author: Chris Elliot

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