Wednesday October 28, 2020
Immigration advocates rally near the White House in Washington D.C. , on Jan. 8, 2018 to support Temporary Protected Status for foreigners living in he U.S. Pablo Martinez Monsivais, AP
Minneapolis (HOL) - In a precedent-setting decision, the 8th Circuit ruled on Tuesday that individuals with Temporary Protected Status (TPS) are eligible for a path to citizenship, regardless of how they initially entered the U.S. The decision is a blow to the Trump administration, who pushed to deny TPS applications for status adjustment.
U.S. Circuit Judges Jane L. Kelly, James B. Loken and William D. Benton sat on the appeals panel.
The split court sided with the four TPS holders who sued the Trump administration after their application for permanent residency was denied. U.S. Citizenship and Immigration Services had rejected the green card applications under the pretence that the migrants entered the country without inspection and thus, could not meet the base requirements that they are "inspected and admitted" in the U.S.
The applicants were affirmed by a Minnesota federal court which overturned that decision. The federal government quickly appealed the decision before it was upheld byte 8th Circuit in a narrow majority.
The decision affects nearly 500 Somalis with TPS who have fled crushing drought and terrorism in their homeland.
The court found that the Immigration and Nationality Act "unambiguously" requires the government to consider TPS grants - which provides deportation protection for individuals from countries and crisis and work permits to work legally in the U.S. -as admissions into the U.S. "for purposes of adjustment of status," U.S. Circuit Judge Jane L. Kelly wrote on behalf of the majority.
The court pointed to Section 1255 of the Immigration and Nationality Act, which deals with the status of a person admitted for permanent residence application ad eligibility for an immigrant visa. The law states that TPS holders are considered nonimmigrants.
"Because TPS beneficiaries are 'considered' nonimmigrants for Section 1255 purposes, they are considered 'inspected and admitted' under Section 1255(a), regardless of how they entered the country," the panel said.
The U.S. government wants people requesting an adjustment of their TPS status to meet two prerequisites: First, that they were inspected and admitted into the country by a lawful immigration officer, and secondly, that they hold legal status to be in the U.S. The TPS holders who sued the Trump administration for blocking their applications met the first condition but not the second.
"This has some superficial appeal," Judge Kelly wrote Tuesday. "However, the government's argument conflicts with the INA's (Immigration and Nationality Act) text."
U.S. Circuit Judge James B. Loken dissented from the panel and wrote that the federal immigration law took no exact position. He added that he would have reversed the Minnesota courts decision.
The decision from the 8th court comes as the Trump administration has pushed to end TPS status for hundreds of migrants, including choosing not to redesignate Somalia as a TPS.
The decision on who will receive TPS status, and who can transition to a permanent U.S. residency and eventual citizenship has splif the courts.
The 5th and 11th Circuit Courts have ruled that any TPS holder who enters the country illegally is automatically disqualified from obtaining greed cards. However, the 6th and 9th court disagree, and on Tuesday's it was joined by the 8th court.
The split makes it all but sure that the case will be referred to the Supreme Court which now enjoys a substantial 6-3 conservative majority.